Semenya case: ECHR condemns Switzerland for lack of fair trial without ruling on accusations of discrimination

By News Service

Published on July 10, 2025 at 12:22 p.m.

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The European Court of Human Rights (ECHR) refused on Thursday, July 10, to rule on the possible discrimination suffered by South African athlete Caster Semenya , who has been banned from competition since 2018 because she refuses to lower her testosterone levels.

The ECHR, however, noted that the athlete, a two-time Olympic 800m champion, had not been given a fair trial.

Indeed, while it condemned Switzerland for violating the right to a fair trial, the Court declared inadmissible the complaints of Caster Semenya, who denounced violations of her rights to respect for private life and considered herself a victim of discrimination.

"A reminder that the priority is the protection of athletes"

South African athlete Caster Semenya on Thursday hailed the European Court of Human Rights' (ECHR) ruling as "a positive outcome" that found she had not received a fair trial and condemned Switzerland.

"It's a positive result , " said the double Olympic 800-meter champion, "and it's a reminder to leaders that the priority is the protection of athletes ." However, she failed to have her case recognized as a victim of discrimination, with the court ruling the complaint inadmissible.

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At first instance, the ECHR had upheld his request in the summer of 2023. But the Grand Chamber, a sort of appeals body seized by the Swiss authorities, supported by World Athletics (the international athletics federation) , ruled this Thursday that the court did not have jurisdiction to rule.

The Court, however, upheld the double Olympic champion's request regarding the right to a fair trial.

Respect for this right, protected by the European Convention for the Protection of Human Rights, "required a particularly rigorous examination of its cause" .

However, the court considered that this had not been the case in the review carried out by the Swiss Federal Court, which had previously been referred to by Caster Semenya to challenge the award of the Court of Arbitration for Sport (CAS), declared Matthias Guyomar, President of the ECHR, reading the Grand Chamber's judgment, the decision of which is final.

Switzerland must pay Caster Semenya 80,000 euros in costs and expenses.

Caster Semenya, who has been banned from competition since 2018 and naturally produces a lot of male hormones (androgens) that can increase muscle mass and improve performance, is fighting against a World Athletics regulation requiring hyperandrogenic athletes to lower their testosterone levels through hormone treatment in order to compete internationally.