Caster Semenya's legal victory is significant for human rights, but doesn't necessarily mean she'll be able to compete again – here's why
These rules have meant that Semenya has not been allowed to compete in her preferred events since 2019.
- These rules have meant that Semenya has not been allowed to compete in her preferred events since 2019.
- Semenya first brought legal action against these rules at the court of arbitration for sport (CAS), based in Switzerland.
- Semenya has now had a legal victory at the European court of human rights, which found that the Swiss state violated her human rights in its handling of earlier cases.
- Cases before the human rights court are brought against states who have signed the European convention on human rights.
A long legal battle
- This could be done by taking medication such as oral contraceptives, which Semenya was reluctant to do because of their side effects.
- The court ruled that her right to non-discrimination in respect of her private and family life, as well as her right to an effective legal remedy, had been violated.
- This meant that the Swiss state had not adequately safeguarded her human rights through the legal process open to her.
- She would, however, be armed with a judgment stipulating that her rights under the European convention on human rights must be fully considered.
Changing the rules of sport
- However, UN principles state that businesses have a corporate responsibility to respect human rights.
- This decision from the human rights court suggests that courts in signatory states must consider human rights when reviewing disputes between athletes and sports governing bodies.
- Her tenacity has been rewarded with a judgment that may well prove to be a pivotal point in the protection of athletes’ human rights.