Court ruling expected to reignite issue of sex eligibility in sports

South Africa's Caster Semenya celebrates after winning the woman's 800-meter final at Carrara Stadium during the 2018 Commonwealth Games in Australia in April 2018. (AP file photo)
CAPE TOWN, South Africa — A ruling expected this week by the highest chamber of the European Court of Human Rights could reignite champion runner Caster Semenya’s years-long legal battle against sports authorities over sex eligibility rules that banned her and other women from top events including the Olympics and world championships.
If a panel of judges upholds a 2023 decision by the same court in Semenya’s favor, it would put renewed scrutiny on track and field’s rules requiring some female athletes to suppress their natural testosterone levels in order to compete — and open a legal avenue for the regulations to be struck down.
That would have implications across sports and further inflame a larger issue that has been politicized by U.S. President Donald Trump and others with claims that the future of women’s competition is at stake. Track’s regulations have become a blueprint for other sports when dealing with athletes like two-time Olympic champion Semenya, who present the most complex dilemma for sports administrators when determining sex eligibility.
The case is about whether athletes like Semenya, who have specific medical conditions, a typical male chromosome pattern and naturally high testosterone levels, should be allowed to compete freely in women’s sports.
Track authorities say the rules are necessary to maintain fairness because Semenya has an unfair, male-like athletic advantage from her higher testosterone. Semenya argues her testosterone is a genetic gift.
The European court’s Grand Chamber — where 17 judges rule on the most important and difficult cases — said it will deliver a verdict today that’s been deliberated on for nearly two years. The judges will decide whether to uphold a ruling from two years ago that the South African may have been discriminated against and prevented from practicing her profession by the regulations.
Semenya refused to take medication to lower her natural testosterone level, and the regulations effectively ended her career.
Another victory for Semenya at the human rights court would not immediately result in the rules being removed, but would keep her legal challenge alive. If the Grand Chamber rules against Semenya, it would most likely be the end of her case as its decisions cannot be appealed.