MZANSI's middle-distance runner Caster Semenya and many other women athletes still face the possibility of being banned from competing in sports under World Athletics regulations.
The recent regulations imposed by World Athletics are deemed more restrictive, sparking concerns that they violate women athletes' rights to bodily integrity, dignity, and equality.
This was revealed by the Commission for Gender Equality (CGE) spokesman Javu Baloyi as they wait for the Grand Chamber to make a final ruling following a referral request from the Swiss government.
Although Baloyi expressed full support for the European Court of Human Rights (ECHR)' judgment affirming Semenya's right to equality, dignity, and bodily integrity, he remained worried about the possibility of Semenya and other athletes facing bans under World Athletics regulations.
"The commission is aware that the case of Semenya will be heard by the ECHR Grand Chamber for a final ruling following a referral from the Swiss government.
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"It's not specified when the case would be re-examined, and this raise concerns in view of the continued restriction and exclusion of athletes who refuse to take medication to lower their testosterone levels," Baloyi said as the world recognised International Human Rights Day on Sunday, 10 December.
According Baloyi, this continued discrimination against athletes is in contrast to the International Human Rights’ Day that reminds people of the inalienable rights that everyone is entitled to as a human being, regardless of race, colour, religion, sex or other status.
"In line with South Africa’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women, the commission will lobby the minister of international relations and cooperation, the minister of sports, arts & culture and the South African ambassador to Switzerland in Berne to advocate for the withdrawal of the referral of the above matter at the Grand Chamber of the European Court of Human Rights.
"The CGE reaffirms its commitment to promoting inclusivity and equality in sports and beyond, and to strive for a world where every individual can pursue their athletic aspirations without fear of discrimination or prejudice," Baloyi said.
In July 2023, the double 800 meters Olympics champion won the case against World Athletics’ testosterone rules.
This is after she was banned from competing in certain events due to her naturally high levels of the hormone.
But the Swiss authorities, with the support of World Athletics, expressed their intent to appeal to the European Court of Human Rights Grand Chamber, whose rulings carry legal weight.