Semenya hopes latest court hearing will protect dignity of athletes

Though her own elite career is over, middle-distance icon Caster Semenya hopes the upcoming decision in her ongoing court battle will set a precedent in protecting the rights of athletes.

The Grand Chamber of the European Court of Human Rights (ECHR) will start a hearing in Strasbourg on Wednesday on a referred case after it found last year that Semenya had been discriminated against and her privacy had been violated.

This after Semenya lost an appeal at the Swiss Federal Court in an attempt to overturn World Athletics rules which required athletes with differences of sexual development (DSD) to take hormone suppressants in order to compete against women.

Human rights

Semenya had retired from competitive athletics last year, after losing her appeal in Switzerland, but she hoped the ECHR decision would help ensure athletes’ human rights were respected when sports governing bodies set regulations.

“My hope is that World Athletics, and indeed all sports organisations, will take account of the ECHR’s decision and ensure that the dignity and human rights of athletes are respected,” Semenya told AFP.

The 33-year-old former track star admitted earlier this year that her long-running legal battle against World Athletics, which started in June 2018, could be derailed by a lack of funds.

Her lawyers at Norton Rose Fulbright revealed that it had cost more than R30 million thus far for Semenya to fight DSD rules in court, and the upcoming ECHR decision was likely to be her final stand.

Still fighting

Before the ECHR decision was made, however, she remained locked in it, with the hope that her ongoing efforts would have long-term effects in protecting the rights of other DSD athletes.

“I have been facing scrutiny and criticism about my being, but I think this case is bigger than that,” Semenya said, “it’s about allowing young African and Asian girls to partake in sports.”

Semenya faced a public probe after winning the world 800m title as a teenager in 2009, and she was scrutinised throughout her lengthy career.

Though she was repeatedly sidelined due to gender rules, and changes to regulations, she won three world titles and two Olympic gold medals.