Hyperandrogenism: "This is just the beginning", reacts Semenya after the decision of the ECHR

2023-07-12T13:18:08.397Z

Highlights: The European Court of Human Rights (ECHR) has ruled that the ban on testosterone must be lifted. The ban was imposed on all men over the age of 18 who have testosterone in their system. The ruling does not apply to women, who are allowed to have the hormone for up to two years. The ECHR is expected to issue a new ruling on the ban in the next few days. The decision will be made on a case-by-case basis, with a view to a possible extension of the ban if necessary.

"Justice has spoken but this is only the beginning," reacted South African athlete Caster Semenya on Wednesday the day after the decision in his favor of the European Court of Human Rights (ECHR), which...

Semenya, 32, had appealed to the ECHR after the Swiss court had confirmed in 2020 a decision of the Court of Arbitration for Sport (CAS) validating a regulation of the International Federation of Athletics (World Athletics), which deprives her of certain races because she refuses treatment to lower her testosterone levels.

In a decision handed down by a narrow majority of four judges to three, the ECtHR ruled on Tuesday that Switzerland had violated Article 14 of the European Convention for the Protection of Human Rights, on the prohibition of discrimination, combined with Article 8, which protects the right to respect for private life.

Semenya, who has a natural excess of male sex hormones and has been engaged in a showdown with the International Athletics Federation for more than a decade, called the decision "significant" because it "calls into question the future of all similar rules".

"My hope is that World Athletics, and beyond all sports organisations, will take into account the decision of the ECHR and ensure that the dignity and human rights of athletes are respected," the two-time Olympic 800m champion said in a statement.

The ECHR ruling, however, does not invalidate the rules of the International Federation of Athletics and does not directly pave the way for Semenya to be reinstated in the 800m, her favourite race, without hormone treatment.

World Athletics even tightened its regulations in March for hyperandrogenic athletes, like Semenya, who must now keep their testosterone levels below 2.5 nanomoles per liter for 24 months (instead of 5 nanomoles for six months) to compete in the women's category, regardless of distance.

"Given the dissenting opinions in this decision, we will encourage the Swiss authorities to turn to the Grand Chamber" of the ECHR, its supreme formation that acts as a court of appeal and renders final decisions, World Athletics said on Tuesday, insisting on the divergent opinions among the judges of the ECHR in charge of this case.

Hyperandrogenism: "This is just the beginning", reacts Semenya after the decision of the ECHR

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