Africa (Commonwealth Union) _ The lawyer representing Caster Semenya, the acclaimed South African champion runner, expressed profound disappointment and frustration with the response of World Athletics following her client’s significant and groundbreaking triumph at the European Court of Human Rights (ECHR). In a case that was hailed as a landmark decision, the ECHR ruled that Semenya had been subjected to unjust discrimination as a result of track and field regulations that imposed restrictions on her natural hormone levels, demanding her to lower them in order to compete in prominent athletic events.
The ruling by the European Court of Human Rights underscored the importance of upholding the principles of equality, fairness, and respect for individual rights in the realm of sports. It recognized the inherent dignity of athletes and emphasized that they should not be unfairly targeted or compelled to undergo medical interventions that impinge upon their bodily autonomy.
According to Semenya’s lawyer, Schona Jolly KC, the court’s decision is significant not only for Semenya but for athletes in general, as it establishes that human rights cannot be disregarded by sports federations and organizations such as World Athletics. Jolly highlighted that athletes, including professional sportspeople like Semenya, are entitled to have their fundamental rights properly considered and protected.
Despite the court’s ruling, World Athletics stated that its regulations would remain in place. Jolly argued that the ECHR decision emphasized that a category of people, in this case, professional sportspeople, cannot be excluded from the protection of human rights. Semenya’s rights to privacy, a professional life, and a personal life were deemed fundamental and should have been given proper consideration and scrutiny by World Athletics, the Court of Arbitration for Sport, and the Swiss Federal Tribunal.
Semenya, who has been barred from participating in her preferred 800-meter race since 2019 due to her refusal to artificially suppress her testosterone levels, has lost four years of her career at the height of her performance. The ECHR’s ruling signifies that there should no longer be a human rights vacuum for professional sportspeople.
