The Grand Chamber of the European Court of Human Rights (ECtHR) on Monday announced its decision to review the case of double Olympic 800-meter champion Caster Semenya, who was barred from competing due to her refusal to take medication to lower her testosterone levels.
The 32-year-old South African athlete had previously won a significant legal battle in July against Switzerland at the Strasbourg-based international court, which ruled that she had experienced discrimination.
However, Swiss authorities, with the support of World Athletics, expressed their intent to appeal to the ECtHR's Grand Chamber, whose rulings carry legal weight. The initial decision rendered by the ECtHR had a narrow majority, with four judges in favor and three against.
The ECtHR stated, "On Nov. 6, 2023, the case was referred to the Grand Chamber at the Swiss Government's request," without specifying a date for reexamining the case.
Caster Semenya, classified as having "differences in sexual development (DSD)" but always legally recognized as female, has adamantly refused to take drugs aimed at reducing her testosterone levels since the introduction of these rules by athletics' governing body in 2018. Consequently, she has been prevented from competing in her preferred event, the 800-meter.
In her protracted legal battle, Semenya had previously lost an appeal to the Court of Arbitration for Sport, and Switzerland's supreme court had upheld the decision of sport's top court three years ago. Subsequently, Semenya brought her case against Switzerland to the ECtHR.
In its July ruling, the ECtHR determined that "Switzerland had overstepped the narrow margin of appreciation afforded to it in the present case, which concerned discrimination on the grounds of sex and sexual characteristics requiring 'very weighty reasons' by way of justification."
Notably, the ECtHR's decision in July was largely symbolic, as it did not challenge the ruling of World Athletics and did not pave the way for Semenya's return to competition without adhering to the medication requirements.
In her newly published book, "The Race To Be Myself," Semenya has candidly stated that her competitive career has ended. She emphasized her refusal to take the prescribed drugs, which implies that she can no longer participate in any IAAF-sanctioned (World Athletics) event.
Caster Semenya has a remarkable track record, having secured Olympic gold at the 2012 London Games and the 2016 Rio Olympics. She has also achieved world titles in 2009, 2011 and 2017. World Athletics introduced the DSD regulations to ensure fair competition in women's events ranging from 400 meters to 1 mile, resulting in Semenya moving up to the 5,000-meter category, in which she failed to reach the final at last year's world championships in Eugene.
In March of the current year, World Athletics modified the regulations, requiring DSD athletes to reduce their blood testosterone levels to below 2.5 nanomoles per liter, down from the previous threshold of five, and to maintain this level for two years. Furthermore, the revised rules expanded the scope of regulated events to encompass all distances rather than only specific ones as previously monitored.
