Caster Semenya continues his fight to compete again: “This is an important day in my journey as a human being and an athlete”

The South African Caster Semenya appeared this Wednesday at the European Court of Human Rights in Strasbourg (ECtHR) to continue her legal battle against the prohibition of being able to participate in some races, such as the 800 meter race, in which she was a double Olympic champion (London 2012 and Rio 2016) and a three-time world champion (Berlin 2009, Daegu 2011 and London 2017), for not undergoing hormonal treatment.

“This is an important day in my journey as a human being and an athlete. It took a long time to arrive,” Semenya said after the audience, adding: “In 2009 I climbed to the top of the podium at the world championship in Berlin after taking a sex test and knowing that the world was judging my body, questioning my sex. In the 15 years since then, I have persevered with dignity in the face of oppression. The adversity I have overcome has helped me become a true champion and a compassionate mother, wife, sister and daughter.”

In April 2018, the IAAF (now World Athletics) announced new eligibility criteria for athletes with high levels of testosterone and in order to compete, over distances between 400 and 1500 meters, they must undergo treatment that would lower testosterone levels for a period of at least six months. Semenya refused to do so and appealed the measure to the Court of Arbitration for Sport (TAS).

The TAS did not comply with the request of the hyperandrogenic athlete and in May 2019 the IAAF regulations were confirmed. The South African decided to take the case to the Supreme Federal Court of Switzerland, which also ratified the new measures of the International Athletics Federation, so in November 2020 Semenya announced that the legal battle would continue in the European Court of Human Rights.

In July of last year, the ECtHR, with four votes in favor and three against, agreed in the first instance to Semenya, considering that she was the victim of a case of discrimination. “Switzerland went beyond the limited margin of appreciation it enjoyed in this case, which referred to discrimination based on sex and sexual characteristics, which can only be justified by ‘very strong considerations, ‘” argued the ruling, which did not allow the athlete to run again and which was appealed by the Swiss courts. This Wednesday the new hearing took place.

“I don’t think it’s about my career. It’s about me being a defender of what is right, of speaking up for those who can’t fight for themselves,” said Semenya, who will now have to wait a few months to hear the sentence. “I hope that the Court’s decision will pave the way for the human rights of all athletes to be fiercely protected, once and for all, and to inspire all young women to be and accept themselves in all their diversity. The outcome of this case is very important,” said the South African.