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

  • St. Lucia Olympic Committee President Alfred Emmanuel elected to Panam Sports Executive Board St. Lucia Olympic Committee President Alfred Emmanuel elected to Panam Sports Executive Board

    President of the St. Lucia Olympic Committee, Alfred Emmanuel, was among persons elected to the Panam Sports Executive Board at the body’s elections held on October 2 in Paraguay.

    The continental body of the International Olympic Committee (IOC) elected Nevin Ilic as President.

    He got 37 votes from a total of 53 votes. His challenger, Keith Joseph of Saint Vincent and the Grenadines, received 16 votes.

    There were also elections for individual members from the three different groupings. In Group 2, of which Saint Lucia is a part, the two representatives elected alongside Emmanuel were Roberto Richards of Cuba and Dennis Knight of St. Kitts and Nevis.

    The representatives of Group 1 elected were: Mario Garcia de la Torre of México, Tricia Smith of Canada and Damaris Young of Panama.

    The representatives of Group 3 elected were: Nicole Hoevertsz of Aruba, Mario Moccia of Argentina and Jorge Delgado of Ecuador.

    The three Vice Presidents are: Veda Bruno Victor of Grenada - 1st Vice President, Camilo Perez of Paraguay - 2nd Vice President and Sarah Hirshland of USA - 3rd Vice President.

  • Shelly-Ann Fraser-Pryce parts ways with Coach Walcott, to battle on in 2025 with new team Shelly-Ann Fraser-Pryce parts ways with Coach Walcott, to battle on in 2025 with new team

    Five-time 100m world champion Shelly-Ann Fraser-Pryce is set to continue her illustrious track career for yet another season, despite facing significant injury challenges throughout 2024.

    However, the sprinting legend will reportedly do so under new guidance. Sportsmax.TV understands that Fraser-Pryce will be leaving Reynaldo Walcott, the coach she helped establish at Elite Performance Track Club.

    Fraser-Pryce, who has been hampered by a persistent knee injury over the past few seasons, made the decision to move on after a reportedly frosty relationship developed between her and Walcott during the 2024 season. Calls and a Whatsapp message to Coach Walcott went unanswered.

    Though her next coaching destination remains unclear, Sportsmax understands that the two-time Olympic 100m gold medalist has moved to put together a team to guide her through the upcoming season.

    The name of Andre Wellington has surfaced as the person who will be among Fraser-Pryce’s new coaching outfit. Wellington has coached World U20 100m silver medalist Bouwahghie Nkrumie at Kingston College (KC). He was a member of the Racers Track Club between 2011 and 2012.

    Fraser-Pryce had been a founding member of Elite Performance Track Club, partnering with Walcott in early 2020 during the height of the COVID-19 pandemic. Under his guidance, The 37-year-old sprint queen achieved remarkable success, notably lowering her personal best from 10.70 to 10.60 seconds. In 2022, she became the first woman to run sub-10.7 seconds on seven occasions in a single season and secured her fifth 100m world title in Eugene, Oregon.

    However, since that stellar 2022 season, injuries have taken their toll on the Jamaican icon. In 2023, at the World Championships in Budapest, Fraser-Pryce finished third in the 100m, a notable drop from her dominant form the previous year. Her performance at the 2024 Paris Olympics was further curtailed, as she withdrew from the semi-finals for reasons that remain undisclosed.

    Fraser-Pryce’s decision to continue competing, despite these setbacks, underscores her determination to finish her career on her own terms.

    As the first Jamaican woman to win an Olympic 100m title in Beijing 2008, she has remained a dominant force in global athletics for over a decade. Now, with a fresh team in her corner, the sprinting icon is focused on overcoming the injuries that have plagued her and making yet another remarkable run in 2025.

    The news, if confirmed, followed a recent development this wherein Olympic 110m bronze medalist Rasheed Broadbell has also left Elite Performance for the MVP Track Club.

  • STATHS Class of 1978 and Friends to spotlight school's sports legends in webathon for new medical and counselling centre STATHS Class of 1978 and Friends to spotlight school's sports legends in webathon for new medical and counselling centre

    The St. Andrew Technical High School graduating class of 1978, along with friends, are joining forces to stage a web-a-thon aimed at raising funds for the construction of a state-of-the-art Medical Counselling and Intervention Centre at the Kingston-based school. The initiative, led by sports agent Claude Bryan as chairman of the project, is a vital step in modernizing the school's outdated sick bay and providing essential health and counselling services for its students.

     Operating under the banner STATHS 78 and Friends Incorporated, the group consists of graduates from 1978 and non-78 graduates who have come together with a shared goal of improving the school's infrastructure. The primary objective is to replace the existing sick bay, which has remained unchanged since the school's inception, with a modern facility that meets 21st-century standards, including incorporating green technology like solar energy.

     “The reason behind it is that the sick bay that was there, I was told, has been the same since the school started. It’s still the same dimensions with only limited bed space, so we wanted to do something that would benefit the entire student body,” said Bryan.

     To kick off their fundraising efforts, the group will host a three-hour webathon on Saturday, November 2, 2024, from 6-9 pm. The event will take on a sporting flavor, highlighting the lives and achievements of 16 sporting legends who attended STATHS. Among these legends are the late Jamaica and West Indies cricketer Richard "Danny Germs" Austin, Olympian Mike Fray, and Reggae Boy Jeadine White. In addition to the tributes, there will also be musical performances throughout the evening.

    Bryan emphasized the importance of the event, encouraging people to tune in and support the cause. “It’s our first major fundraising thrust, and we’re encouraging folks to call in or log in, listen, learn, and support the event.”

    Supporters can participate in the event by logging in at https://givebutter.com/Z3RPbW. The funds raised will help bring the much-needed medical, counselling, and intervention centre to life, ensuring that future generations of students at St. Andrew High School benefit from improved health and well-being services.

    With the backing of STATHS 78 and Friends Incorporated, the school community is hopeful that this initiative will be the first of many steps in ensuring that their students are provided with the best possible care in a modern, sustainable facility.

     

     

© 2024 SportsMaxTV All Rights Reserved.