Caster Semenya

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.

The 29-year-old won 800m gold at the 2012 and 2016 Games but athletics' world governing body, the IAAF, has introduced rules that mean Semenya and other athletes with differences of sexual development must either take testosterone-reducing medication to compete at track events from 400m to the mile, or switch to another distance.

Semenya disputed the implementation of those rules but lost a challenge in the Court of Arbitration for Sport and then in an appeal to the Federal Supreme Court of Switzerland.

Now, four months out from the Olympics, Semenya has revealed she will bid to make it to the Games in Japan as a 200m athlete.

"Ever since I saw the 2008 Beijing Olympic Games on television, I have known that I want to compete on the Olympic stage," the South African said in an Instagram post.

"My first international 800m medal came as a junior at the 2008 Commonwealth Youth Games in India, and over the next 11 years I have won gold at every major international competition including the Olympic Games, World Championships, Commonwealth Games, Diamond League and African Championships.

"However, as you are all aware, I am unable to compete in the 800m and defend my title at the Tokyo Olympic Games later this year.

"My dream has always been, and will continue to be, to compete at the highest level of sport, and so in order to pursue my goals and dreams, I have decided to change events, and compete in the 200m.

"This decision has not been an easy one, but as always, I look forward to the challenge, and will work hard, doing all I can to qualify for Tokyo and compete to the best of my ability for South Africa.

"Thank you to my team who have supported me over the past few months, and thank you to all South Africans who believe in me and stand behind me."

The qualifying time to reach the 200m in Tokyo is 22.80 seconds, with Semenya's current personal best over that distance 24.26s.