The European Court of Human Rights in Strasbourg on Monday accepted the appeal presented by Switzerlandheadquarters of the Court of Arbitration for Sport (CAS), which ruled in the first instance of discrimination against South African intersex athlete Caster Semenya.
The Grand Chamber of the Strasbourg Court will re-examine the complaint presented by Semenya against that country, after CAS rejected arbitration requested by the athlete so that she would not have to undergo hormonal treatment that would lower her testosterone levels in order to compete in women’s events.
For the first time, on July 11, the judges condemned Switzerland for washing its hands of the CAS decision, which supported the international athletics federation in its decision to prevent the South African athlete from competing in women’s events with such a level of testosterone.
They then consider that the South African middle distance runner does not have adequate institutional and procedural guarantees. in Switzerland to assert his arguments that he was discriminated against, which are “credible” and “well-founded.”
That decision called into question the doctrine of many federations regarding intersex athletes.which is based on testosterone levels to allow them to participate in female trials.
Obligation that applies only to athletes with the XY genetic system, which corresponds to women, and not to those with XX, which is to men.
Switzerland appealed the verdict, which in effect only condemned it to pay the costs of the trial because the athlete did not ask for any compensation, so now the CAS and many international federations looked again at Strasbourg.
Source: La Verdad

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