July 13th 2023.
On July 11, 2023, Olympic champion Caster Semenya celebrated a momentous victory when the European Court of Human Rights ruled that the actions taken against her were discriminatory. For four years, Semenya had been unable to compete due to regulations enacted by World Athletics requiring her to reduce her natural hormone levels through medical interventions such as hormone-blocking injections, daily contraceptive pills, or surgery.
Semenya had achieved Olympic gold medals in 2012 and 2016 in the 800-meter event, and was denied the opportunity to participate in the 2021 Tokyo Olympic Games because of this rule. It was determined that Semenya had a condition known as differences in sex development, which resulted in naturally elevated testosterone levels. Her assigned sex at birth is female and she has always identified as female.
World Athletics argued that Semenya's XY chromosome patterns are the same as a male athlete, and thus gives her the same traits and athletic edge. However, Semenya views her testosterone levels as a gift, similar to a tall basketball player or a swimmer with longer arms.
The Strasbourg court ruled that this regulation was an encroachment on Semenya’s human rights. Although the Swiss Supreme Court ruled in Semenya’s favor with a 4-3 decision by a panel of human rights judges, the rule remains in effect. World Athletics still believes that the regulations are a necessary and reasonable means of protecting fair competition in the female category.
This victory for Semenya is a small step towards having the rule removed by World Athletics, as male athletes do not have a limit for testosterone levels. According to World Athletics, the regulations affect Semenya as well as “a number” of other athletes. Semenya's Instagram post acknowledging her victory was met with an immense amount of support.
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