It has been a long time coming – Caster Semenya ‘elated’ over ECHR ruling

By Sports Desk July 12, 2023

Two-time Olympic 800 metres champion Caster Semenya is “elated” to have won her case at the European Court of Human Rights, saying the ruling had been “a long time coming”.

The 32-year-old South African – who won Olympic gold in 2012 and 2016 – was legally identified as female at birth, but has a condition which means her body naturally produces higher levels of testosterone than women without the condition.

Semenya has been unable to compete at her favoured distance since 2019, following the introduction of limits on testosterone levels for female athletes by World Athletics which would have forced her to use medication.

Earlier legal challenges at the Court of Arbitration for Sport and the Swiss Federal Court had been rejected.

However, on Tuesday, the ECHR found Switzerland had not afforded Semenya “sufficient institutional and procedural safeguards” to allow her to have her complaints examined effectively.

The court said because of the “high stakes” involved for Semenya, it “should have led to a thorough institutional and procedural review”.

Semenya had been unable to obtain such a review, therefore the ECHR was “unable to determine whether the DSD (differences in sex development) regulations, as applied in the applicant’s case, could be considered a measure that was objective and proportionate to the aim pursued (of protecting fair competition for female athletes”.

It said her complaints of discrimination as a result of World Athletics’ regulations were “substantiated and credible”.

The judgment does not bring into question DSD regulations, nor will it allow Semenya to compete over 800m, but Semenya believes it is a significant step in her continuing legal fight.

“The European Court of Human Rights ruled (on Tuesday morning) that I was discriminated against, that my human rights were violated and that there are ‘serious questions’ about the validity of the rules set out by World Athletics,” Semenya said on Wednesday in a statement via her legal team in South Africa.

“I am elated at the outcome of the ruling. It has been a long time coming. I have and will always stand up for discrimination of any kind in sports.

“I have suffered a lot at the hands of the powers that be and have been treated poorly.

 

View this post on Instagram

A post shared by Caster Semenya (@castersemenya800m)

 

“The hard work that I have put in to being the athlete I am, has been questioned, my rights violated, my career impacted. All of it so damaging – mentally, emotionally, physically and financially.”

Semenya added: “Justice has spoken, but this is only the beginning.

“My case at the European Court of Human Rights was against the ruling handed down by the government of Switzerland, and not World Athletics itself, but this decision will still be significant for all sportspersons in throwing doubt on the future of all similar rules.

“My hope is that Word Athletics, and indeed all sporting bodies, reflect on the statements made by the European Court of Human Rights and ensure that they respect the dignity and human rights of the athletes they deal with.”

The seven ECHR judges found by a majority of four to three that Semenya’s rights under article 14 of the European Convention on Human Rights, which concerns discrimination, had been violated by Switzerland.

The Swiss state was also found to have violated article 13 in not providing Semenya effective remedy against discrimination.

World Athletics released a statement on Tuesday saying its regulations were “a necessary, reasonable and proportionate means of protecting fair competition in the female category”.

The governing body said it would encourage the Swiss state to refer the matter to the Grand Chamber of the ECHR for a final judgment.

Related items

  • Jamaican hurdler Damion Thomas reveals career-saving surgery, eyes return to top form Jamaican hurdler Damion Thomas reveals career-saving surgery, eyes return to top form

    Jamaican hurdler Damion Thomas, a promising talent who has seen his career hampered by injuries, on Sunday revealed that he underwent surgery on October 21 to address a persistent foot issue. The procedure, known as an osteophytectomy, involved the removal of a bone spur that had been causing severe discomfort and pain in his Achilles tendon and lower heel, limiting his ability to train and perform at his best.

     Thomas, who has made significant strides in his athletic career despite facing recurring injuries, expressed gratitude for the medical support he’s received. Under the guidance of Dr.  John Thompson, a specialist who has overseen his rehabilitation since March, Thomas has worked through rigorous physical therapy and orthopedic care to manage his injury. However, as the pain continued to affect his performance, surgery became necessary to give him the best chance at a full recovery.

    “This past year working with Dr. Thompson has been monumental,” Thomas shared on social media. “Since March, Dr. Thompson’s overseeing of my injury through physical therapy, orthopedic care, and lastly surgical procedure has been a driving force in allowing me to finish the previous season and set myself up for a new future. I am thankful.”

     

    The 24-year-old hurdler, who specializes in the 110m and 60m hurdles, has a decorated history in athletics. A former Louisiana State University (LSU) standout, Thomas won the 2021 NCAA Indoor 60m hurdle title, setting a school record and becoming the fifth-fastest hurdler in NCAA history. In 2018, he equaled the junior world record of 12.99 seconds in the 110m hurdles, a feat that positioned him as one of the most promising young hurdlers globally. Thomas also represented Jamaica at the Tokyo Olympics, advancing to the semi-finals with a time of 13.39 seconds in the 110m hurdles.

     In early 2024, Thomas was selected to represent Jamaica at the World Athletics Indoor Championships in Glasgow. Despite his impressive achievements, ongoing injuries have held him back from reaching his full potential on the international stage.

     With the surgery now behind him, Thomas is focused on recovery and a strong comeback. His determination to overcome setbacks highlights his commitment to his sport, and fans are hopeful that the procedure will enable him to return to peak form in the coming season.

     

  • Dominica’s Olympic champion Thea LaFond-Gadson awarded nation’s highest honour Dominica’s Olympic champion Thea LaFond-Gadson awarded nation’s highest honour

    Paris Olympic gold medalist Thea LaFond-Gadson was conferred with Dominica’s highest honour, the Dominica Honour Award, on Sunday in recognition of her extraordinary achievements in 2024. LaFond-Gadson, who made history by becoming Dominica’s first Olympic medalist with her gold in the triple jump in Paris, also won the triple jump title at the World Indoor Championships in Glasgow, Scotland, earlier in March. Each of these remarkable victories marked a historic first for a Dominican athlete, solidifying her legacy as one of the country’s most celebrated sports figures.

     Prime Minister Roosevelt Skerritt had previously announced that LaFond-Gadson would be honoured with the Dominica Honour Award during her visit to the island shortly after the Olympics. The formal recognition took place during the National Parade, where the Prime Minister addressed the nation, and all honorees were celebrated for their contributions to Dominica.

     

    The Dominica Honour Award is presented annually during the Independence Day Rally to individuals who have significantly impacted the nation’s landscape. This year, LaFond-Gadson was one of 18 Dominicans and international honorees recognized. The award was presented by Dominica’s President, Her Excellency Sylvanie Burton, in a ceremony that highlighted LaFond-Gadson’s exceptional achievements and the pride she has inspired across the nation.

     Speaking to the media after receiving the award, LaFond-Gadson expressed that the honour was her “greatest achievement ever” and encouraged young Dominicans to pursue their dreams with dedication and passion.

     

    The celebration of LaFond-Gadson’s accomplishments does not end with Sunday’s parade. A luncheon hosted by a private sector organization was scheduled for Monday in her honour, extending the nation’s gratitude for her contributions. Her recognition comes in addition to being named a Sports Ambassador two months ago, along with receiving a $400,000 gift and a land grant from the government.

     Prime Minister Skerritt, in his address, acknowledged the immense pride that LaFond-Gadson has brought to Dominica, calling her achievements a source of inspiration for the entire nation. With her historic Olympic victory and her continued dedication to her country, Thea LaFond-Gadson has undoubtedly secured her place as a Dominican icon.

     

     

  • 'A true honour': Long jumper Wayne Pinnock hails CWC Foundation fundraising gala a testament to the power of community support 'A true honour': Long jumper Wayne Pinnock hails CWC Foundation fundraising gala a testament to the power of community support

    Jamaica’s rising long jump star, Wayne Pinnock, expressed deep gratitude and pride at being among the main cast at the Cable and Wireless Charitable Foundation Fundraising Gala held on the Seafair Luxury Yacht in Miami on Friday.

    Pinnock, who recently took the track and field world by storm with his silver medal performances at the 2023 World Championship and 2024 Paris Olympic Games, was among an illustrious group of Caribbean athletes that gathered on the yacht to play their part in empowering communities and creating positive change.

    The 24-year-old Pinnock was joined by Jamaican sprint legends Elaine Thompson-Herah and Shericka Jackson, rising star Charokee Young, and Bahamian sprint hurdler Devynne Charlton. Together, they represented the strength, resilience, and achievements of Caribbean athletes on the global stage.

    Speaking warmly about the event, dubbed an evening of elegance and philanthropy, Pinnock shared how honored he felt to participate in the gala, which raised crucial funds for causes close to his heart.

    “I want to thank everyone who contributed to this amazing event and for using me as an inspiration for the elegance and philanthropy gala. Being able to attend such a stunning event in support of an important cause was a true honour,” Pinnock said in a social media post.

    The Cable and Wireless Charitable Foundation has long been committed to supporting education, healthcare, and community projects across the Caribbean.

    For Pinnock and his fellow athletes, the foundation’s mission resonates deeply, as they fully understand the importance of giving back and the impact that support can have on young people’s lives.

    In fact, he pointed out that the gala was more than an evening of glamour—it was a reminder of his journey, a celebration of the Caribbean spirit, and a powerful opportunity to give back to the region that shaped him. 

    “Warmth, vision, and a common dedication to supporting Caribbean athletes as they strive for their Olympic aspirations characterized the remarkable evening. I’m incredibly appreciative of the chance to be around these driven, committed people. Once again, I want to thank you for letting me be a part of this night that will never be forgotten and for your dedication to changing the world,” Pinnock noted.

© 2024 SportsMaxTV All Rights Reserved.