South African track icon Caster Semenya might have suffered a lot of pain due to having her gender questioned during a glittering athletics career, but she has consistently shown tenacity and a determined persistence in her struggle with World Athletics.
The latest twist in her legal battle against the governing body saw Semenya win her discrimination case in the European Court of Human Rights (ECHR) last year, albeit the victory did not afford her what she wants, which is to compete freely under the new regulations.
The door to her full return, however, has been left slightly open by the ECHR’s ruling which found that the Swiss Federal Tribunal had “failed” to uphold human rights norms despite “credible claims of discrimination” against Semenya.
And as expected, World Athletics indicated that they will encourage the Swiss government to appeal the decision to the Grand Chamber of the European Court with the final ruling now set to be heard.
Semenya, who was Mzansi’s top track athlete for more than a decade, has been unable to run in her preferred distance (800m) since 2019 after the governing body introduced new rules barring athletes with some disorders of sex development (DSD) from participating in the 400, 800, and 1500-metre races.
The 33-year-old from Ga-Masehlong in Limpopo has been determined and in her appeal, she insisted the new rules were “discriminatory, unnecessary, unreliable, and disproportionate” as she continued to fight for her athletics career.
However, the Court of Arbitration for Sport (CAS) in Switzerland upheld World Athletics’ testosterone restrictions. She then approached Switzerland’s highest court, the Federal Tribunal, which unfortunately dismissed the case.
Although Semenya did manage to win her discrimination case in the ECHR last year, she and many other women athletes remain banned from competing in sports under World Athletics regulations.
The ECHR then announced that the case involving the double 800m Olympic champion will now be heard by its Grand Chamber for a final ruling following a referral request from the Swiss government.
Sunday World provides a timeline of how the controversy surrounding Semenya has unfolded since 2009 and also looks at other athletes with “differences of sex development” – past and present – who may or may not have been affected.
2009 – The beginning
A fresh-faced Semenya, aged 18, burst onto the athletics scene by winning world 800m gold in Berlin in 1.55.45 seconds. This was the beginning of what would be a glittering and controversial career. Soon after her statement win, World Athletics, known as the IAAF back then, revealed that the young sensation would be subjected to a gender verification process.
Subsequently, the athlete was declared ineligible to compete for 11 months.
2010 – Semenya returns
The sport’s governing body cleared Semenya to compete again after subjecting the youngster to hormone treatment. Semenya’s body has been analysed relentlessly by armchair gender experts around the world.
2011 – Caster Semenya targeted?
World Athletics introduced hyperandrogenism regulations that required all women with “excessive production of androgens (testosterone)” within the male range and without androgen insensitivity to undergo medical treatment to bring testosterone levels to within the regular female range. Semenya wins 800m silver at the World Champs in Daegu.
2012 – Can’t keep a good woman down
Regardless of the regulations, Semenya goes on to win 800m silver at the London Olympics. Her silver at the World Championships a year earlier and her silver at the Olympics were bumped up to gold after the Russian winner, Mariya Savinova, was found guilty of doping.
2014 – Egg on their face
World Athletics was forced to scrap the hyperandrogenism rules after Indian sprinter Dutee Chand appealed to the CAS. This was also a big win for Semenya, who was targeted by the regulations.
2016 – Foot on their neck
Semenya did what she does best – win. The South African track icon clinched the 800m gold at the Rio Olympics in a time of 1.55.28 seconds to further infuriate her detractors.
2018 – Low point
World Athletics announced new guidelines for women with “differences of sex development”. The regulations barred athletes with some disorders of sex development from participating in 400, 800 and 1500-metre races. Athletes like Semenya were forced to lower their testosterone levels to a certain threshold through medical intervention.
2019 – Fight back
Semenya appealed on the grounds that the new rules were “discriminatory, unnecessary, unreliable, and disproportionate”, but CAS upheld World Athletics’ testosterone restrictions.
2020 – Another loss
Switzerland’s supreme court dismissed Semenya’s appeal against the CAS ruling that upheld the rules drafted by the athletics governing body, meaning Semenya would have to lower her testosterone level through medication or surgery to continue competing in her preferred distances.
2023 – Victory, to an extent
Semenya won her discrimination case in the European Court of Human Rights in July but remains banned from competing in sports under World Athletics regulations. The ECHR found that the Swiss Federal Tribunal had ‘failed’ to uphold human rights norms despite “credible claims of discrimination”.
2024 – The battle continues
World Athletics indicated they would encourage the Swiss government to appeal the decision to the Grand Chamber of the European Court
Other Athletes with DSD
Although Semenya is not the first athlete to have her gender questioned, she has endured the most pain with her ordeal over a long period of time. Burundi’s Francine Niyonsaba, Kenya’s Margaret Wambui, and India’s Dutee Chand are some of the athletes who have been affected. In the past, athletes such as Ewa Klobukowska and Edinanci Silva were in the same boat.
