The Olympics have been a fairground of competition for both male and female athletes. However, for Olympian Caster Semenya, things have been different since the 2019 testosterone regulation policy by the World Athletics. Semenya challenged the ruling in 2019 at the Court of Arbitration for Sport (sports’ top court) and in 2020 at the Swiss Federal Tribunal (SFT) respectively. Both of the court’s rulings went against her. Now, 4 years later she challenged again and finally won. Her rejections at the courts in 2020 are the very reason she filed her motion at the European Court of Human Rights.

Caster Semenya has fought against the testosterone ruling put in place by the World Athletics since 2019. After 4 long years of battle, she finally won in a landmark decision. The European Court of Human Rights acknowledged that she was being discriminated against. However, the ECHR judgment may be referred to the Grand Chamber of the Court.

Caster Semenya’s win today was a result of a long-fought battle

A tweet by Athletics Weekly went, “Caster Semenya wins appeal against testosterone rules at the European Court of Human Rights”. In a series of policies since 2011, the World Athletics has set the benchmark for testosterone levels in women athletes at 5 nmol/L. Those with higher testosterone levels would require medical suppression of the same.

In their viewpoint, it made the grounds for competition fairer for all. Unfortunately, that was not the case for Semenya who was asked to artificially suppress her testosterone levels in order to compete in the slated events, contested as a human rights violation by her lawyers.

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After Semenya achieved several glories throughout her career, World Athletics doubted if she fulfilled the criteria for someone who they justify as having “differences in sex development”. This was the root of all problems for Semenya. Her victory today also brought the rules that World Athletics laid out in 2019, under severe scrutiny.

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According to  TIME, “World Athletics says she has one of a number of conditions known as differences in sex development, which results in a natural testosterone level in the typical male range and which gives her an unfair advantage in women’s competitions.” However, it did not take into consideration how Semenya’s human rights were violated by this ruling.

Despite early setbacks, Semenya never gave up the fight

Caster Semenya was born with differences in sex development in comparison to other female athletes, as per the ruling. While the older ruling prevented her from competing in any event, due to her alleged advantage over other female competitors, the current ruling overturns it on humanitarian grounds.

The World Athletics body is, however, not convinced by the decision. The World Athletics board has put out a statement that they “will liaise with the Swiss Government on the next steps” as per Athletics Weekly. They also plan to seek a referral of the case and await a final decision.

These rules have affected more than one athlete. Senegal-born French runner Halba Diouf has already missed out on her dream of competing in the Paris Olympics next year. Just like Diouf next year, Semenya too could not participate in the Tokyo Olympics 2020. If the decision at the next appeal stage goes in her favor, 32-year-old Semenya will look to win her 3rd gold medal in the 800m event in Paris Olympics 2024.

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