Court Finds Semenya Denied Fair Hearing in Testosterone Case

South African Olympic champion Caster Semenya has secured a partial legal victory at the European Court of Human Rights (ECHR), which ruled that Swiss authorities failed to give her a fair trial in her challenge against regulations that required her to lower her natural testosterone levels in order to compete.

The decision, delivered by the Grand Chamber of the ECHR on July 10, 2025, found that the Swiss Federal Court did not meet the threshold of “rigorous judicial review” required in a case concerning fundamental human rights.

Semenya, who has been barred from competing in her preferred 800m category since 2018, took her case to the European Court after exhausting other legal avenues, including the Court of Arbitration for Sport and the Swiss Supreme Court. She has consistently refused to take medication to reduce her testosterone levels, arguing that the requirement is discriminatory and infringes on her rights.

While the ECHR did not overturn the World Athletics rules that led to her exclusion, the court acknowledged that Semenya was denied proper safeguards during the Swiss legal process. Switzerland was ordered to pay the athlete €80,000 to cover legal expenses.

The ruling does not automatically allow Semenya to return to competition without complying with current regulations. However, it underscores concerns about fairness and procedural justice in cases involving human rights and sports governance.

The judgment has been described as largely symbolic, as it stops short of dismantling the existing testosterone regulations but reignites global debate around inclusion, gender identity, and fairness in competitive athletics.