Caster Semenya wins historic case before the European Court of Human Rights

Norton Rose Fulbright South Africa welcomes this morning’s ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in favour of its client, Caster Semenya, following a 15-year legal and personal battle for dignity, equality, and the rights of women in sport.

The Grand Chamber found that Switzerland failed to properly scrutinise Ms Semenya’s human rights concerns in her prior legal challenges before the Court of Arbitration for Sport (CAS) and the Swiss Federal Supreme Court. It concluded that Ms Semenya was denied a fair hearing and that the disproportionate burden placed on her by World Athletics' regulations violated her fundamental rights.

Ms Semenya has long argued that the regulations — which required women with differences of sex development (DSD) to undergo invasive medical treatment in order to compete — were discriminatory and harmful.

Gregory Nott, Director at Norton Rose Fulbright South Africa and lead counsel, commented:

“This is a resounding victory not only for Caster but for the principles of equality, fairness, and bodily autonomy in international sport. The Court recognised the imbalance that athletes like Caster face when challenging powerful governing bodies. It is a reminder that all sportspeople are entitled to fundamental human rights, and those rights must be protected.” said Gregory Nott, Director at Norton Rose Fulbright South Africa and lead counsel.

Ms Semenya responded to the judgment, stating:

“I have waited 15 long years for this judgment. Today, my patience in this journey has been rewarded with a result that will pave the way for all athletes’ human rights to be protected. I have given up what I wanted in the hope that others may have what they need. I hope this victory will inspire young women to be and to accept themselves in all their diversity.”

This judgment is final and binding and is expected to set an important precedent for athlete rights globally, particularly where the governance of sport intersects with human rights obligations.

Norton Rose Fulbright South Africa is honoured to stand with Ms Semenya in this landmark case, alongside an international team of counsel, including Tyr LLP (Toronto) and Cloisters Chambers (London).

For further information please contact:

Gregory Nott
Director and Head of Africa
Norton Rose Fulbright South Africa Inc
gregory.nott@nortonrosefulbright.com

Motheo Motlhanke
Communications Manager
Norton Rose Fulbright South Africa Inc
motheo.motlhanke@nortonrosefulbright.com