The Prague Post - Europe court says S.African athlete's trial wasn't fair in gender testing case

EUR -
AED 4.29475
AFN 80.091988
ALL 97.513098
AMD 448.698479
ANG 2.092563
AOA 1072.225988
ARS 1468.281117
AUD 1.777529
AWG 2.107621
AZN 1.981102
BAM 1.951097
BBD 2.362405
BDT 142.277027
BGN 1.957883
BHD 0.440721
BIF 3486.096414
BMD 1.169276
BND 1.496293
BOB 8.114439
BRL 6.495801
BSD 1.16998
BTN 100.195469
BWP 15.590418
BYN 3.82897
BYR 22917.8163
BZD 2.350235
CAD 1.598839
CDF 3374.531942
CHF 0.932026
CLF 0.028954
CLP 1111.081337
CNY 8.389908
CNH 8.394545
COP 4705.168
CRC 590.077559
CUC 1.169276
CUP 30.985823
CVE 110.488703
CZK 24.635499
DJF 207.80373
DKK 7.460778
DOP 70.331976
DZD 151.636155
EGP 57.915076
ERN 17.539145
ETB 159.138344
FJD 2.62064
FKP 0.860778
GBP 0.861488
GEL 3.168282
GGP 0.860778
GHS 12.197596
GIP 0.860778
GMD 83.602962
GNF 10152.526315
GTQ 8.988333
GYD 244.789909
HKD 9.17886
HNL 30.607218
HRK 7.536571
HTG 153.509949
HUF 398.913242
IDR 18984.253759
ILS 3.868463
IMP 0.860778
INR 100.229316
IQD 1532.70526
IRR 49255.765925
ISK 142.85006
JEP 0.860778
JMD 186.979268
JOD 0.829055
JPY 171.100794
KES 151.526929
KGS 102.253069
KHR 4692.687804
KMF 492.264949
KPW 1052.336956
KRW 1605.486321
KWD 0.357506
KYD 0.97505
KZT 606.976821
LAK 25209.230616
LBP 104833.48834
LKR 351.47274
LRD 234.58451
LSL 20.752474
LTL 3.452569
LVL 0.707284
LYD 6.320763
MAD 10.518145
MDL 19.796279
MGA 5167.543118
MKD 61.551916
MMK 2454.956369
MNT 4193.966384
MOP 9.460495
MRU 46.484943
MUR 52.792756
MVR 18.006955
MWK 2028.809351
MXN 21.775246
MYR 4.966504
MZN 74.787158
NAD 20.752474
NGN 1788.676952
NIO 43.056209
NOK 11.791936
NPR 160.31255
NZD 1.940595
OMR 0.449594
PAB 1.16998
PEN 4.145906
PGK 4.910164
PHP 66.093343
PKR 332.869884
PLN 4.256352
PYG 9068.140336
QAR 4.266016
RON 5.082259
RSD 117.180221
RUB 86.583898
RWF 1690.62458
SAR 4.385268
SBD 9.748168
SCR 16.779611
SDG 702.15788
SEK 11.132094
SGD 1.496867
SHP 0.918868
SLE 26.30803
SLL 24519.144535
SOS 668.68806
SRD 43.693549
STD 24201.659517
SVC 10.237322
SYP 15202.849646
SZL 20.757961
THB 38.151146
TJS 11.319912
TMT 4.10416
TND 3.396713
TOP 2.738564
TRY 46.848787
TTD 7.944848
TWD 34.212287
TZS 3075.197068
UAH 48.969853
UGX 4192.892611
USD 1.169276
UYU 47.535411
UZS 14804.312716
VES 132.837162
VND 30535.06703
VUV 139.662883
WST 3.21667
XAF 654.379552
XAG 0.031677
XAU 0.000352
XCD 3.160028
XDR 0.813131
XOF 654.379552
XPF 119.331742
YER 282.789651
ZAR 20.788015
ZMK 10524.893689
ZMW 27.40793
ZWL 376.506505
  • CMSC

    0.0900

    22.314

    +0.4%

  • CMSD

    0.0250

    22.285

    +0.11%

  • RBGPF

    0.0000

    69.04

    0%

  • SCS

    0.0400

    10.74

    +0.37%

  • RELX

    0.0300

    53

    +0.06%

  • RIO

    -0.1400

    59.33

    -0.24%

  • GSK

    0.1300

    41.45

    +0.31%

  • NGG

    0.2700

    71.48

    +0.38%

  • BP

    0.1750

    30.4

    +0.58%

  • BTI

    0.7150

    48.215

    +1.48%

  • BCC

    0.7900

    91.02

    +0.87%

  • JRI

    0.0200

    13.13

    +0.15%

  • VOD

    0.0100

    9.85

    +0.1%

  • BCE

    -0.0600

    22.445

    -0.27%

  • RYCEF

    0.1000

    12

    +0.83%

  • AZN

    -0.1200

    73.71

    -0.16%

Europe court says S.African athlete's trial wasn't fair in gender testing case
Europe court says S.African athlete's trial wasn't fair in gender testing case / Photo: Phill Magakoe - AFP/File

Europe court says S.African athlete's trial wasn't fair in gender testing case

A top European court Thursday said a Swiss court did not give double Olympic champion Caster Semenya a fair trial in a much-awaited appeals ruling over contested gender testing.

Text size:

The European Court of Human Rights' decision comes after a row engulfed the 2024 Paris Olympics over the gender of an Algerian boxing champion.

Semenya, a 34-year-old South African runner, is classed as having "differences in sexual development", but has always been legally identified as female.

She has been unable to compete in her favoured 800m category since 2018, after she refused to take drugs to reduce her testosterone levels under new rules from World Athletics, the governing body for track and field.

Semenya told journalists the ECHR's decision was a "positive outcome".

"We need to respect athletes, we need to put their rights first," said the athlete, who was the Olympic 800m champion in 2012 and 2016 and world gold medallist in 2009, 2011 and 2017.

"It's just a reminder to the leaders to say priorities lie on the protection of athletes."

Semenya has embarked on a long legal marathon to contest the World Athletics rules.

The Lausanne-based Court of Arbitration for Sport ruled against her in 2019 and the decision was validated by the Swiss Federal Court in Lausanne in 2020.

It judged that a testosterone level comparable to that of men gave female athletes "an insurmountable advantage".

The ECHR found that the case had required a "rigorous judicial review that was commensurate with the seriousness of the personal rights at issue", but the Swiss federal court's review had "fallen short of that requirement".

It ruled that, as such, Semenya "had not benefitted from the safeguards provided for" in the European Convention on Human Rights, and ordered Switzerland to pay the athlete 80,000 euros ($93,000) for her expenses.

- 'Fight never over' -

A lower chamber at the ECHR in 2023 ruled that Semenya was the victim of discrimination by the Court of Arbitration for Sport.

Its decision was however largely symbolic as it did not call into question the World Athletics ruling nor allow Semenya to return to competition without taking medication.

Swiss authorities, supported by World Athletics, appealed to the European court's 17-member Grand Chamber, leading to Thursday's ruling.

Semenya had also hoped that the Grand Chamber would uphold that she had been victim of discrimination, but it said those complaints were inadmissible as they did not fall under Switzerland's jurisdiction.

She said on Thursday she would continue to demand dignity and respect for athletes.

"The fight will never be over," she said. "As long as we have injustice, we fight till the court."

There are many types of "differences in sexual development", a group of rare conditions involving genes, hormones and reproductive organs.

Formerly known as intersexuality, they occur in approximately one in 1,000 to 4,500 births.

Semenya was born with the "46 XY" chromosome, rather than the XX chromosome most women have.

Before the 2009 world championships, where Semenya won the 800m gold aged just 18, she was forced to undergo gender testing.

She was subsequently put on medication to reduce testosterone levels.

But Semenya said she felt she was being treated like a "human guinea pig" and vowed to never again allow it.

Testosterone is produced by men and women, but men produce 20 times more of the sex hormone.

But how much the hormone boosts performance remains a matter of debate.

- 'Degrading' -

The International Olympic Committee is weighing reintroducing gender testing.

World Athletics and World Boxing have already adopted chromosomal testing -- generally a cheek swab to check for the SRY gene, which reveals the presence of the Y chromosome.

World Aquatics in 2023 adopted a policy that foresees such testing.

Supporters say such screening simplifies access to women's competition, and UN rapporteur Reem Alsalem has said such tests are "reliable and non-invasive".

But Madeleine Pape, a sociologist of gender in sport, says there is a lack of research proving that transgender athletes or those with one of the many forms of DSD gain a "disproportionate advantage" over XX competitors.

Human Rights Watch has argued that World Athletics regulations "are degrading and invasive of privacy, on grounds that are scientifically contested".

The gender debate reignited in June around Paris Olympic boxing champion Imane Khelif.

Donald Trump, Italian Prime Minister Giorgia Meloni, and Harry Potter author J.K. Rowling were among those who stoked a row over the Algerian's gender.

G.Turek--TPP