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ECHR finds Olympic rules requiring women to suppress high testosterone levels are discriminatory – JURIST

The European Court of Human Rights (ECHR) found on Tuesday that International Olympic Committee (IOC) rules that force female athletes to suppress their testosterone levels are discriminatory. Caster Semenya, a double Olympic medalist from South Africa, originally attempted to challenge the rules in a specialized sports court but was rejected. Though Tuesday’s ECHR decision finally validated Semenya’s claims, the ruling did not invalidate the IOC rules. In 2019, the International Association of Athletics Federations (IAAF)—presently recognized as World Athletics—imposed a ban on Semenya’s participation due to her naturally elevated levels of testosterone. Semenya sought justice through various legal avenues, including an appeal to the Court of Arbitration for Sport. However, the court upheld the IAAF’s position, causing Semenya to undergo testosterone suppression treatment to remain eligible for any future Olympic participation. The government of the Republic of South Africa expressed dissatisfaction with the court’s ruling. However, Caster Semenya persisted and appealed to the European Court of Human Rights, ultimately securing a favorable verdict in her favor.In her case at the ECHR, Semenya argued that the IOC rules—which she pinned on the government of Switzerland due to a separate ruling from the Swiss Supreme Court—violated her human rights. The court held that the IOC rules are discriminatory against women with heightened testosterone levels, in violation of the EU’s prohibition against discrimination, right to respect for private life and right to an effective remedy.Notably, the court’s Tuesday decision does not impose an obligation to revoke the IOC rules. As a result, Semenya may still be barred from participating unless she undergoes suppression treatment.The IAAF expressed their disapproval of the ECHR ruling and stated they plan to appeal directly to the Swiss government for further consideration. The IAAF argued they seek to secure a conclusive resolution, asserting the necessity and proportionality of the Differences of Sex Development regulations in preserving the integrity of competitive sports.