By Thulane Madalane
Pretoria: In a significant legal development, Deputy Minister of Justice and Constitutional Development, Mr. Andries Nel, has praised the Grand Chamber of the European Court of Human Rights (ECHR) for its ruling in favor of Olympic champion Caster Semenya. The decision, handed down on Thursday, marks the latest twist in the two-time Olympic gold medallist’s extraordinary legal battle against discriminatory athletics regulations.
Semenya, renowned for her gold medal wins in the 800m at the 2012 and 2016 Olympics, has always been legally recognized as female. However, she was born with what sporting officials classify as “differences of sex development,” which results in her body producing naturally higher levels of testosterone than most women.
The governing body for track and field has consistently mandated that Semenya must undergo treatment to lower her testosterone levels to compete as a woman. This policy was first upheld by the Lausanne-based Court of Arbitration for Sport in 2019 and again by a Swiss Federal Tribunal in 2020, prompting Semenya to escalate her legal fight to the European court.
In its recent ruling, the ECHR stated that Semenya’s appeal had not been properly addressed by the Swiss Federal Tribunal, emphasizing the need for a “rigorous judicial review” due to the serious personal rights at stake. While the ruling provided a partial victory, ordering Switzerland to pay Semenya €80,000 (approximately R1.6 million) for her expenses, it also laid the groundwork for her case to be sent back to the Swiss Federal Court in Lausanne for further consideration.
Following the ruling, Semenya expressed her gratitude, stating, “This is great for me, great for athletes. We need to respect athletes; we need to put their rights first,” as she spoke to reporters outside the court.
Deputy Minister Nel hailed the decision as a landmark victory for justice, equality, and the rights of intersex athletes worldwide. “Caster Semenya’s situation has sparked crucial global discussions on human rights, particularly regarding the rights of LGBTIQ+ individuals in sports. Her unwavering spirit positions her as a beacon of dignity and advocacy, illuminating the serious ethical and human rights issues entwined with gender regulations in athletics,” he emphasized.
Moreover, Nel acknowledged the essential contributions of the South African Human Rights Commission, the Commission for Gender Equality, and the Department of Sport, Arts and Culture in supporting Semenya’s quest for justice.
“Today’s ruling is a crucial stepping stone in the global fight for inclusivity and human dignity in the world of sports,” concluded Deputy Minister Nel, marking a moment of optimism for advocates of equality and human rights.
