By Prof Dr Ian Blackshaw
The 32-year-old South African double 800 metres Olympic Champion and 1500 metres Commonwealth Champion has won her appeal in the European Court of Human Rights (ECtHR) following two legal setbacks in the Court of Arbitration for Sport (CAS) and the Swiss Federal Supreme Court.
She was born with differences of sexual development (DSD) and, under World Athletics’ DSD Regulations, which were introduced in 2018, she is only allowed to compete in female track events if she takes testosterone-reducing drugs.
In a lengthy 4-3 majority judgement handed down on 11 July 2023, the ECtHR ruled that the World Athletics’ DSD Regulations were “a source of discrimination” for Semenya “by the manner in which they were exercised and by their effects.” Furthermore, the Rules were “incompatible with the European Convention on Human Rights.”
However, this, sadly, is not the end of the legal saga for Semenya, as World Athletics is expected to appeal the ruling to the ECtHR Grand Chamber for a “final and definitive decision.” They have three months in which to decide to appeal.
World Athletics commented:
“We remain of the view that the DSD Regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category….”
It may be added that, in practice, it is unusual for the ECtHR Grand Chamber to overrule an ECtHR decision.
But we will see what happens in the Semenya case, which is so controversial!
Prof Dr Ian Blackshaw may be contacted by e-mail at ‘