Caster Semenya scored a major legal win in her long-running battle for justice, but a return to competitive athletics remains out of reach for the two-time Olympic 800m champion.
The South African middle-distance star, who has not competed since 2019 due to controversial World Athletics regulations on testosterone levels for female athletes, recently triumphed at the European Court of Human Rights (ECHR).
The court ruled that Semenya’s right to a fair hearing had been violated by the Swiss Federal Supreme Court during her earlier legal battle.
Legal Victory, But No Return to Track
Despite the significance of the ruling, it carries no immediate effect on World Athletics’ current regulations, which require athletes with differences of sexual development (DSD) to take medication to reduce their natural testosterone levels to be eligible for women’s events. Semenya has consistently refused to undergo such treatments, citing potential health risks and the principle of bodily autonomy.
As part of the ECHR verdict, Semenya was awarded $86,400 in damages. However, the court stopped short of declaring the World Athletics rules discriminatory or violating her private life rights.
Crucially, because the case was against the Swiss government, not World Athletics, the regulations barring her from competition remain in force.
A Battle Beyond the Track
Speaking to The Telegraph, Semenya framed the ruling as a broader human rights milestone rather than a personal sporting comeback.
“It’s a battle for human rights now. It’s not about competing, it’s about putting athletes’ rights first. It’s about the protection of athletes,” she said.
The case’s implications have sparked wider conversations within the global sports community. Yasin Patel, a leading sports barrister at Church Court Chambers, called the ruling a “watershed moment for sports law.”
He added that it forces international sports federations and the International Olympic Committee (IOC) to urgently re-examine gender eligibility policies or risk having them legally overturned.
“The decision of the ECHR opens the door for the regulations that have governed women’s categories across athletics, and potentially swimming and football, to be struck down,” Patel noted.
What’s Next for Semenya
While the ECHR ruling is final and cannot be appealed, it effectively sends Semenya’s legal challenge back to the Swiss federal court. Legal experts, athletes’ unions, and sports organizations will be closely watching how the Swiss authorities handle the matter, with potential consequences for how women’s sport is regulated globally.
For now, Caster Semenya remains on the sidelines, not defeated, but continuing to champion the rights of athletes who find themselves at the intersection of identity, biology, and international sports governance.