Caster Semenya, a two-time Olympic champion at 800 meters, has won an appeal in court against rules governing female athlete testosterone levels in competition.
The European Court of Human Rights ruled that the South African gold medalist had been discriminated against. The 32-year-old has a medical condition known as hyperandrogenism, which produces higher-than-usual testosterone levels, a hormone that can increase muscle mass and strength. At birth, she was assigned as a female and has been legally considered a female throughout her life.
To compete in World Athletics-sanctioned women’s events, athletes with differences in sexual development (DSDs) that cause high testosterone must reduce their levels to a normal range for a woman with ovaries—including taking birth control pills, having a monthly injection, or undergoing surgery to remove testes.
The ruling could compel the sport’s highest governing body to reconsider the rules requiring female athletes with naturally high testosterone, like Semenya, to chemically lower their hormone levels to compete in major events like the Olympics.
The court also ruled that Semenya was not allowed an “effective remedy” when the Court of Arbitration for Sport and Switzerland’s Supreme Court denied her two appeals against enforceable regulations.
It is still being determined if the ruling would force an immediate rollback of the rules and if Semenya would be allowed to compete at next year’s Paris Olympics. World Athletics has said it stands by its rules, which would remain in place for now.
“We remain of the view that the DSD regulations are a necessary, reasonable, and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence,” the organization said.
Semenya won gold medals at the 2012 and 2016 Olympics in the 800 meters but has been banned from running the event since 2019 due to the testosterone rules. She did not compete at the Tokyo Olympics. Semenya last raced on March 11, 2023 in South Africa, where she ran the 5,000 meters in 15:54.70.
Semenya has denounced the rules as discriminatory and said that taking contraceptive pills made her feel “constantly sick.”
Schona Jolly, a lawyer representing Semenya in the case, spoke to reporters after the ruling. “We are absolutely delighted for our client today. Caster has never given up her fight to be allowed to compete and run free. Today’s judgment is a testament to her resilience and courage,” Jolly said. “This important personal win for her is also a wider victory for elite athletes around the world. It means that sporting governance bodies around the world must finally recognize that human rights law and norms apply to the athletes they regulate.”
Laura Ratliff is a New York City-based writer, editor, and runner. Laura's writing expertise spans numerous topics, ranging from travel and food and drink to reported pieces covering political and human rights issues. She has previously worked at Architectural Digest, Bloomberg News, and Condé Nast Traveler and was most recently the senior editorial director at TripSavvy. Like many of us, Laura was bitten by the running bug later in life, after years of claiming to "hate running." Her favorite marathon is Big Sur.
