OLYMPIC gold medalist Caster Semenya has won the case against World Athletics’ testosterone rules.
This after she was banned from competing in certain events due to her naturally high levels of the hormone. The judgment was handed down at the European Court of Human Rights on Tuesday, 11 June.
The 32-year-old runner lodged the application with the European Court of Human Rights on 18 February 2021 where she challenged regulations issued by the International Association of Athletics Federations (IAAF).
She was required to lower her natural testosterone levels through hormone treatment in order to be eligible to compete as a woman in international sporting events.
But Caster, who did not take the request lightly, refused to undergo the hormone treatment. This resulted in her not being eligible to take part in the 800m and 1 500m track as prescribed by Word Athletics.
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But as of Tuesday, the court ruled in Caster’s favour and found that the applicant had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively.
Furthermore, the domestic remedies available to the applicant could not be considered effective in the circumstances of the present case.
The South African Human Rights Commission welcomed the finding by the European Court of Human Rights emphasising that it marks a significant milestone in its work regarding gender equality.
“The commission extends its sincere gratitude to the excellent legal team, expert committee and its own staff for their tireless work in reaching this important milestone in the commission’s endeavour to promote equality and help eliminate discrimination in its various guises,” said SAHRC spokesman, Wisani Baloyi.