Caster Semenya finally got some sort of justice, or at least a sliver of it, from Europe’s top court. The Swiss Federal Supreme Court kinda botched things when they tossed her appeal back in 2020, and the ECHR called them out for that. About time, honestly.
Semenya’s not just any runner she’s a two-time Olympic champ at 800m, which, if you’ve ever tried to sprint, is absolutely wild. Born with DSD (differences of sexual development), she’s been barred from competing in her own event since World Athletics decided in 2019 that women with “too much” testosterone had to lower it to race. Yeah, you read that right. The governing body basically told her: change your body or you don’t get to play.
She’s been fighting this whole mess for years. In her own words after the verdict, Semenya said, “This is bigger than we ever thought. I don’t think this is about competition. It’s about human rights. It’s about the protection of the athletes.” I mean, she’s not wrong. The whole thing’s always felt way bigger than sports.
World Athletics, of course, insists the rules are there to keep things fair for women. They even went ahead and expanded them in 2023 to cover all women’s track and field events. Because, you know, that’s what the sport was missing more rules.
Back in 2019, Semenya tried to fight the regulations at the Court of Arbitration for Sport in Switzerland. No luck. Fast forward to July 2023, and the ECHR said Switzerland messed up by not protecting her rights. The Grand Chamber just confirmed it: the Swiss court didn’t give her a proper hearing, which is a fancy way of saying they dropped the ball.
But here’s the kicker the court threw out her other complaints (privacy, discrimination, all that jazz) saying they weren’t really Switzerland’s problem. So, the actual World Athletics rules? Still standing. Nothing’s changing for DSD athletes just yet.
For Semenya, though, the verdict was a big deal. She called it “overwhelming,” and after waiting 15 years, who wouldn’t? “You feel heard, it’s a beautiful feeling,” she said. She’s ready to move on, talking about feeling “reborn” and “fulfilled.” Honestly, if anyone’s earned a fresh start, it’s her.
Well, here's the thing: once the ECHR's Grand Chamber makes a call, that's it. No do-overs, no appeals, end of story.
But for Semenya, this saga might loop back to the Swiss federal court in Lausanne. Her lawyer, Schona Jolly, basically said, “Give us a minute, we need to digest this before plotting the next step,” but also told BBC Sport that Semenya “has been vindicated.” So, a little celebration, at least.
Jolly didn’t mince words: “As of today, international sport needs to wake up and realize athletes have rights. You don’t just get to ignore them and say, ‘Eh, doesn’t matter.’ It really does.”
South Africa’s sports minister, Gayton McKenzie, was pumped, calling the ruling a win for “every African child” and saying Semenya is now the poster child for fighting back against injustice in sport.
World Athletics? Total radio silence. Not a peep.
So, what does this all mean? Honestly, Semenya’s fight against those wild sex eligibility rules where DSD athletes have to tank their natural testosterone just to compete lives to see another round. But don’t get it twisted: World Athletics' rules that basically benched Semenya aren’t getting tossed out. Not yet, anyway.
Here’s the catch: her case was actually against the Swiss government, and even the bigwigs in track and field think this thing could drag on for years, if it ever gets to the Swiss supreme court at all. And let’s be real, it’s too late for Semenya to jump back on the track herself she’s coaching these days.
World Athletics is doubling down. They say the science backing their stance that athletes with DSD like Semenya have a legit, “male-like” advantage over others has only gotten stronger. They’re even rolling out cheek swab DNA tests soon, hunting for the SRY gene on the Y chromosome. If you’ve got it, you’re out of the female category, testosterone levels be damned.
And it’s not just track and field. World Boxing’s getting in on the act, bringing in mandatory chromosomal tests after all the drama over gender eligibility at Paris 2024. Meanwhile, the International Olympic Committee, with new boss Kirsty Coventry, is mulling over making these tests a thing for all sports. So, yeah, the ECHR ruling just dialed up the pressure on rules that, depending on who you ask, either protect fairness or flat-out discriminate.
Who’s Caster Semenya, anyway? Two-time Olympic champ, three-time world champ over 800 meters. Between 2009 and 2019, she was basically unbeatable racked up 30 straight wins at one point, including that big Doha Diamond League race in 2019. She got a hero’s welcome back in South Africa after her first world gold in 2009 like, thousands at the airport losing their minds.
But with that fame came a ton of scrutiny about her gender and whether she had some biological edge. Turns out, she was born with DSD, meaning her testosterone levels are higher than most women’s. Her specific condition? 46 XY 5-ARD so genetically male chromosomes, but depending on how things develop, recorded male or female at birth.
By 2023, Semenya was done chasing medals and more interested in fighting the system. CAS said athletes like her have testosterone up in the male range, which gives them a “significant sporting advantage.” Semenya herself told BBC Sport she was born without a uterus, has internal testicles, but insists, “I am a woman and have a vagina.”
Honestly, the whole situation’s a mess. No easy answers. Just a hell of a lot of fighting spirit.