European judges concluded that Caster Semenya was not given a just hearing regarding the testosterone regulations that ultimately cut short her Olympic journey. However, the decision does not overturn the restriction preventing her from competing unless she undergoes treatment to reduce her naturally high testosterone levels.
Caster Semenya has achieved a significant legal victory, though it won’t yet allow her to return to competition.
On Thursday, the European Court of Human Rights found that Switzerland’s highest court had denied her a fair legal process. That court had previously dismissed her appeal against regulations that bar her from racing unless she takes drugs to suppress her naturally elevated testosterone levels.
Despite this ruling, the controversial rules remain in place. As a result, the two-time Olympic gold medallist is still prohibited from competing in the 800-metre race — an event she once dominated.
Now 34, Semenya was born with a rare condition known as differences in sexual development (DSD). She possesses the “46 XY” chromosome, typically associated with males, and produces unusually high levels of testosterone naturally.
Semenya has consistently identified as female and has refused to take hormone-suppressing medication since World Athletics introduced the policy in 2018.
Following her win at the 2009 World Championships, she was subjected to gender testing by officials. Reflecting on that experience, she later stated, “I was treated like a human guinea pig.” She was also placed on medication for several months.
After a long legal struggle, her final avenue for justice was the European Court of Human Rights in Strasbourg. While the court ruled that Switzerland had not adequately safeguarded her rights, it stopped short of overturning the testosterone regulation itself.
The matter will now return to the Swiss legal system for further examination.
Semenya expressed hope that the court’s decision would encourage young women to stay true to themselves. She also made it clear that she will never agree to take medication to alter her natural hormone levels, regardless of the consequences.
Earlier this year, controversy flared again when Algerian boxer Imane Khelif was barred from competition. The move sparked global outrage and reignited the debate, drawing reactions from figures such as Donald Trump and author J.K. Rowling.
Both World Athletics and World Boxing have since begun using cheek swab tests to detect the presence of the Y chromosome. Human Rights Watch has strongly criticized this approach, calling it “humiliating” and based on “flawed science.”
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