Testosterone levels in sport: ECHR refuses to rule on discrimination
The European Court of Human Rights (ECHR) has refused 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. The court condemned Switzerland for violating the right to a fair trial, while declaring inadmissible Caster Semenya's complaints, which alleged violations of her right to privacy and considered herself a victim of discrimination.
At first instance, the ECHR upheld the athlete's request in the summer of 2023. But the Grand Chamber, a sort of appeals body seized by the Swiss authorities, supported by World Athletics, ruled on Thursday that the court lacked jurisdiction to rule.
The Court, however, upheld the double Olympic champion's claim regarding the right to a fair trial. Respect for this right to a fair trial, protected by the European Convention on Human Rights, "required a particularly rigorous examination of her case."
However, the court found 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), said 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 in costs and expenses.
Banned from competition since 2018, Caster Semenya naturally produces a lot of male hormones (androgens) that can increase muscle mass and improve performance. She denounces World Athletics regulations requiring hyperandrogenic athletes to lower their testosterone levels through hormone treatment in order to compete internationally.
La Croıx
