Queer runner Caster Semenya wins again in court against athletic body that sidelined her

The European Court of Human Rights said the Swiss courts violated the rights of champion queer runner Caster Semenya by upholding discrimination by World Athletics.

The European Court ruled 15-2 on an appeal filed by Semenya, who alleges the Swiss Court of Arbitration wrongly supported a decision to disqualify her from female events based on a the cisgender woman’s naturally high testosterone levels, according to the Associated Press. The Supreme Court in Switzerland had upheld the Court of Arbitration decision.

Importantly, the high court determined only that the Swiss courts’ handling of the case had fallen short” of a rigorous judicial review.”

The case returns to the Swiss federal courts in Lausanne.

Semenya, an Olympic gold medalist twice in the 800-meter run, saw her career cut short when World Athletics determined her to be ineligible to run in women’s events, despite being assigned female from birth. She has been fighting the matter in court for seven years.

The European Court that sided with Semenya on Thursday also ruled in her favor two years ago, when it determined rules were discriminately only being applied to female athletes. That sent the case on the course that led to the Swiss Court of Arbitration and the Supreme Court.

Semenya has a condition known as a condition known as hyperandrogenism. But World Athletics said in 2019 it would be unfair for athletes with the natural condition to compete against other women unless they use hormone blockers. Semenya has refused to do so.

While Semenya no longer competes, she continues to coach, and has pursued the legal fight to clear the path to other athletes, she told Reuters.

"It's a battle for human rights now," she said. "It's not about competing. It's about putting athletes' rights first. It's about the protection of athletes."