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GENEVA (AP) — In a landmark ruling with far-reaching implications for athlete rights and gender policies in sports, the European Court of Human Rights (ECHR) has partially sided with two-time Olympic champion Caster Semenya in her long-standing legal battle against World Athletics’ regulations regarding female athlete eligibility. The decision, announced Thursday, marks a significant moment in Semenya’s seven-year fight against rules designed to limit testosterone levels in female runners.

The case centers on World Athletics’ (formerly the IAAF) regulations, introduced in 2019, that require female athletes with differences in sexual development (DSD), like Semenya, to lower their testosterone levels through medication or surgery to compete in events ranging from 400 meters to one mile. World Athletics argues these rules are necessary to ensure fair competition, claiming that higher testosterone levels provide an unfair advantage.

Semenya, a celebrated athlete from South Africa, has consistently maintained that the regulations are discriminatory and violate her human rights. She argued that the rules infringe upon her right to privacy, dignity, and non-discrimination, as enshrined in the European Convention on Human Rights. The ECHR’s ruling doesn’t completely overturn the regulations, but it does find that Semenya was not given a fair hearing in previous proceedings.

Key Findings and Details of the Ruling:

• Insufficient Consultation: The court found that Semenya was not adequately consulted during the development and implementation of the regulations, particularly regarding the scientific evidence used to justify them.
• Procedural Concerns: The ECHR highlighted concerns about the procedural fairness of previous rulings and the lack of opportunities for Semenya to fully present her case.
• No Immediate Impact on Regulations: The ruling doesn’t immediately invalidate the existing testosterone regulations. However, it mandates that Swiss authorities, which were involved in the case, re-examine the implementation of the rules to ensure compliance with human rights standards.
• Focus on Future Implementation: The court emphasized the need for greater transparency and consultation in the future when developing and applying regulations that affect athletes’ rights.

Reactions and Future Implications:

The ruling has been met with mixed reactions. Semenya’s legal team hailed the decision as a victory, emphasizing the importance of upholding human rights in the context of sports. Human rights organizations have praised the ECHR for its commitment to protecting vulnerable athletes. World Athletics has stated that it respects the court’s decision and will carefully review the findings. They reiterated their commitment to ensuring fair competition while also respecting the rights of all athletes.

The case is likely to have significant implications for the future of gender policies in sports. It underscores the need for a nuanced and evidence-based approach that balances the principles of fair competition with the protection of athletes’ fundamental rights. Further legal challenges and debates are expected as the issue continues to evolve. The spotlight now turns to Swiss authorities and World Athletics to address the court's concerns and ensure that future regulations are developed and implemented in a fair and transparent manner, respecting the human rights of all athletes.

Semenya's journey has been a complex and challenging one, bringing to the forefront critical questions about gender identity, athletic performance, and the role of sports governing bodies. This partial victory at the ECHR represents a crucial step towards a more inclusive and equitable sporting landscape.