Switzerland has violated Caster Semenya rights

Switzerland is condemned in the case of the South African runner Caster Semenya. Meanwhile, The judges considered that the law of the hyperandrogen athlete to a fair trial had been violated.

Switzerland has violated the rights of the South African athlete Caster Semenya. In addition, The Grande Chamber of the European switzerland violated caster semenya rights Court of Human Rights validates the decision rendered in 2023 against Switzerland in. the dispute between the Hyperandrogen half -land runner to World Athletics.

The judges estimated, by a majority of 15 against 2, that the law of the athlete at a fair trial (art. 6 of the Convention) had been violated by Switzerland. Thus. the examination on appeal by the Federal Court of the decision of the Arbitral Tribunal of Sport did not reach the level of attention required.

In detail. the Grande Chamber confirms that the appeal of Caster Semenya before the Federal Court to contest the decision of the Arbitral Tribunal of Sport created a jurisdictional link with Switzerland. Consequently, the latter was to guarantee the rights protected by art. 6 During the procedure which took place at my rest.

“Rigorous examination”

After having underlined the “structural imbalance” of the relationship between sports federations. athletes, the judges of Strasbourg noted that the right to a fair trial of the Appellant required a “particularly rigorous examination of its cause”. Indeed. the jurisdiction of the Arbitral Tribunal of Sport was imposed on him by a sports body and not by law and the dispute concerned civil rights which, in domestic law, correspond to fundamental rights.

However, the examination made by the Federal Court did not meet these requirements. Thus, he did not examine several points left unanswered by the Arbitral Tribunal of Sport. This had mentioned in particular the difficulty that the athletes concerned could encounter in maintaining their testosterone levels below. the limit set by the regulation of World Athletics (WA). However, this question was decisive for switzerland violated caster semenya rights the outcome of the cause.

Right to privacy

Two years ago, the ECHR admitted, in a chamber decision, the request of Caster Semenya on several points. She had considered that the WA regulation, confirmed by Swiss bodies, violated her right to privacy, in particular. This violation is not confirmed by the Grande Chamber today.

The disputed regulations require women with excess male hormones (hyperandrogens) to reduce their natural. testosterone rate to participate in competitions recognized by WA. Switzerland appealed the 2023 decision before the Grande Chamber of the ECHR. (JZS/ATS)