Hyperandrogenism: European justice will examine the case of Caster Semenya

He European Court of Human Rights (ECHR) announced this Tuesday that on May 15 it will hold a hearing in the case of the South African athlete Caster Semenyawho was barred from participating in women’s races because he refused to undergo treatment to lower his testosterone levels.

The double Olympic 800m champion in 2012 and 2016, he developed a natural excess of male sex hormones, a disorder known as hyperandrogenismalthough she has always been legally recognized as a woman.

A World Athletics regulation obliges him reduce your testosterone levels to participate in international competitions in the female category, something she refuses.

The athlete showed appeals to Sports Arbitration Court (TAS) and the swiss federal court, which was rejected. But on July 11, the ECHR ruled in favor of Switzerland for the first time, estimating that he had been a victim of discrimination and violation of privacy.

Swiss authorities, supported by World Athletics, took the case to court. Grand Chamber of the ECtHRa type of appellate body composed of 17 judges, whose decisions are final.

In 2020, the Swiss justice confirmed the CAS decision confirming the World Athletics regulations. This forces the South African to perform a hormonal treatment to lower your testosterone levels if you want to continue competing at your preferred distance.

The ECHR decision in July, however, does not invalidate the World Athletics regulations and does not open a direct path to Semenya’s participation in the 800m without treatment.

In 2023, World Athletics introduced several reforms to tighten its regulations regarding transgender and adult athletes, who must keep their testosterone levels low. 2.5 nanomoles per liter for 24 months (previously 5 nanomoles for 6 months) to compete in the women’s category at any distance.