Caster Semenya

Following the introduction by the IOC of a new genetic screening policy governing eligibility for certain women's competitions, Semenya announced her intention to challenge it. She condemned a policy she considered discriminatory, insufficiently supported by science and adopted without genuine consultation with affected athletes.

State of the evidence

Documented

Attribution

Directly implicated

The ECtHR Grand Chamber ruled that the review carried out by the Swiss Federal Supreme Court had failed to meet the requirements of particularly rigorous scrutiny and found a violation of Article 6 concerning the right to a fair trial. Not all the other complaints were upheld to the same extent as in the 2023 Chamber judgment.

Attribution

Protagonist is the complainant

World Athletics extended its DSD rules to all international disciplines in the female category covered by the regulations, lowered the serum threshold to 2.5 nmol/L and established a general requirement to maintain that level for 24 months, with transitional provisions for certain athletes already competing in previously unrestricted events.

State of the evidence

Documented

A chamber of the European Court of Human Rights concluded that Semenya had not received sufficient institutional and procedural safeguards in Switzerland to secure effective examination of her complaints. It found a violation of the prohibition of discrimination in conjunction with the right to respect for private life, as well as a violation of the right to an effective remedy.

Attribution

Protagonist is the complainant

Unable to compete internationally in the 800 m without complying with the DSD rules, Semenya attempted to qualify for the Tokyo Olympics in the 5,000 m, a distance then outside the restricted range. She did not meet the qualifying standard before the deadline.

State of the evidence

Documented

Attribution

Directly implicated

The Swiss Federal Supreme Court rejected Semenya's application to set aside the CAS award. World Athletics rules requiring hormonal reduction for certain events therefore remained applicable at that stage.

CAS rejected, by majority, the claims brought by Semenya and the South African federation. The panel described the DSD rules as discriminatory but concluded that, in light of the evidence presented, they were a necessary, reasonable and proportionate means of achieving fairness in certain women's events, while expressing serious reservations about their practical implementation.

Attribution

Protagonist is the complainant

Following Semenya's appeal against the CAS award, the Swiss courts initially suspended application of the rules to her on a provisional basis. In late July, this interim measure was reversed, preventing her from defending her 800 m title at the Doha World Championships without complying with the DSD rules.

The IAAF adopted new DSD rules requiring certain athletes to maintain their testosterone below a specified threshold to compete internationally in events from 400 m to one mile. Semenya and Athletics South Africa brought proceedings before CAS challenging their legality. The IAAF subsequently agreed to postpone implementation to allow expedited proceedings.

State of the evidence

Documented

Attribution

Protagonist is the complainant

Semenya's dominance in the 800 m at the Rio Olympics reignited an international debate over the definition of the female category and the competitive advantage associated with natural physiological characteristics. Some competitors and commentators publicly questioned the fairness of the situation.

State of the evidence

Documented

Attribution

Directly implicated

In 2011, the IAAF introduced eligibility rules based on testosterone levels for certain athletes. Semenya was directly affected and underwent treatment to compete under this regime. In 2015, CAS suspended the hyperandrogenism rules in the Dutee Chand case, changing the applicable framework.

State of the evidence

Documented

Attribution

Directly implicated

For approximately eleven months after the 2009 World Championships, Semenya did not compete internationally while her case was being examined. In July 2010, the IAAF authorised her to resume competing in the female category, without disclosing the medical details of her case.

State of the evidence

Documented

Attribution

Directly implicated

Following Caster Semenya's remarkable rise and victory in the 800 m at the Berlin World Championships, the IAAF confirmed that it had requested a procedure to verify her eligibility for the female category. Medical information allegedly originating from the process subsequently circulated in the press, triggering major controversy over privacy, dignity and the way sporting authorities had handled her case.

State of the evidence

Confirmed

Attribution

Directly implicated