Swiss Supreme Court ruling<\/a> from 2020.<\/p>\nSwitzerland’s government requested the matter be referred to the ECHR’s Grand Chamber, which has now found that the Swiss ruling “had not satisfied the requirement of particular rigour” under Article 6 (right to a fair hearing) of the European Convention on Human Rights.<\/p>\n
The judges said the Swiss court’s review “had fallen short” of that requirement.<\/p>\n
However, the Grand Chamber found Semenya’s complaints under Articles 8 (right to respect for private life), 13 (right to an effective remedy) and 14 (prohibition of discrimination) inadmissible as they “did not fall within Switzerland’s jurisdiction”.<\/p>\n
As the case concerns the Swiss government and not World Athletics, it will not immediately affect the current restrictions on DSD athletes.<\/p>\n
Semenya said the outcome was “great for me, great for athletes” after leaving the court in Strasbourg, France.<\/p>\n
“This is a reminder to the leaders [that] athletes need to be protected,” she said.<\/p>\n
“Before we can regulate we have to respect athletes and put their rights first.”<\/p>\n
Decisions made by the ECHR’s Grand Chamber are not open to appeal. <\/p>\n
Semenya’s case could now go back to the Swiss federal court in Lausanne.<\/p>\n
The athlete’s lawyer, Schona Jolly, said they needed time to process the ruling before deciding on the next move, but told BBC Sport Semenya “has been vindicated”. <\/p>\n
“As of today, the governance of international sport needs to sit up and take notice of an athlete’s fundamental rights,” Jolly said.<\/p>\n
“It’s not possible to put this aside and say ‘the substantive rights of the athlete don’t matter’. They firmly do.”<\/p>\n
World Athletics declined to comment.<\/p>\n<\/div>\n
\n
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