Caster Semenya prevails in her case to the European Court of Human Rights.

In a case involving testosterone levels in female athletes, the European Court of Human Rights found in favor of double Olympic 800m champion Caster Semenya.

The 32-year-old South African was born with sexual development differences (DSD) and is not permitted to compete in any track events unless he takes testosterone-lowering medicines.

Semenya, a three-time world champion and Commonwealth champion in the 800m and 1500m, has been embroiled in a long-running dispute with World Athletics.

The EHCR also determined that the World Athletics DSD regulations were “a source of discrimination” for Semenya “by the manner in which they were exercised and by their effects,” and that the requirements were “incompatible with the European Convention on Human Rights.”

The regulating body enacted regulations mandating her to receive hormone treatment in 2018. Semenya has lost two court efforts to overturn the ruling.

The lawsuit at the ECHR, however, was not against sports groups, but directly against the Swiss government for failing to defend Semenya’s rights, and dates back to a Swiss Supreme Court judgement three years ago.

The European Court of Human Rights (ECHR) decided that the Swiss government failed to protect Semenya from discrimination when its Supreme Court refused to overrule a decision by the Court of Arbitration for Sport (Cas) that upheld World Athletics standards.

Semenya’s case at the ECHR was decided 4-3 in her favor, which may allow her to challenge the Swiss Supreme Court.

World Athletics described the ECHR chamber as “deeply divided,” and stated that it will request that the matter be referred to the ECHR Grand Chamber for a “final and definitive decision.”

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