The Semenya Ruling: A Seismic Shift in Athletes’ Rights and the Future of Sport
Nearly one in 17 people globally are intersex – born with sex characteristics that don’t fit typical definitions of male or female. For decades, these individuals, particularly in elite sports, have faced invasive scrutiny and discriminatory regulations. The recent European Court of Human Rights (ECtHR) ruling in favor of Caster Semenya isn’t just a win for the South African runner; it’s a potential turning point, exposing fundamental flaws in how sports governing bodies balance fairness, inclusion, and human rights. The court didn’t strike down World Athletics’ regulations on Differences of Sex Development (DSD), but its condemnation of the procedural failings in their application could dismantle the entire framework.
The Procedural Flaws: A Crack in the Foundation
The ECtHR’s July 10, 2025, ruling centered on the inadequacy of the processes used by the Court of Arbitration for Sport (CAS) and the Swiss Federal Supreme Court in reviewing Semenya’s case. The court found that these tribunals failed to adequately protect her rights when assessing the World Athletics regulations, which require athletes with naturally higher testosterone levels to medically intervene to lower them in order to compete in female events. This isn’t a judgment on the science behind the regulations, but a damning indictment of how those regulations were justified and applied.
As Human Rights Watch rightly points out, the system is inherently unequal. Athletes challenging these rules are pitted against powerful, well-resourced sporting organizations. The ECtHR specifically highlighted the disadvantage Semenya faced, not just as an athlete, but as a Black woman from the Global South. This intersectional lens is crucial; it acknowledges that discrimination isn’t monolithic and that power dynamics significantly influence outcomes.
Beyond Semenya: The Broader Implications for Women in Sport
The Semenya case has always been about more than one athlete. It’s about the long history of sex testing in sports, a practice rooted in anxieties about female participation and often fueled by discriminatory biases. While World Athletics argued its 2019 regulations were a departure from the past, Human Rights Watch research demonstrates they perpetuate the same harmful consequences: arbitrary scrutiny of women’s bodies, invasion of privacy, and the reinforcement of narrow definitions of femininity. This scrutiny isn’t limited to DSD athletes; it impacts all women, fostering a climate of body policing and reinforcing harmful stereotypes.
The ruling forces a reckoning with the fundamental question: who gets to define “fairness” in sport? For too long, governing bodies have operated with a sense of impunity, assuming they are exempt from human rights standards. The ECtHR’s decision challenges that assumption, demanding greater transparency, accountability, and a rigorous assessment of the human rights implications of sporting regulations. This extends beyond testosterone levels; it encompasses issues like gender identity, body image, and access to equal opportunities.
The Rise of Athlete Activism and Legal Challenges
Semenya’s victory is likely to embolden other athletes to challenge discriminatory practices. We’re already seeing a surge in athlete activism, with more and more sports figures using their platforms to advocate for social justice and human rights. This trend, coupled with increased legal scrutiny, will put pressure on sporting organizations to adopt more inclusive and equitable policies. Expect to see more cases like Semenya’s, forcing courts to grapple with the complex intersection of sport, science, and human rights. Human Rights Watch’s work on sports and human rights provides further context on this growing movement.
The Future of Regulation: Towards a Rights-Respecting Approach
The ECtHR ruling doesn’t automatically invalidate World Athletics’ regulations, but it creates a significant hurdle. At a minimum, the organization must suspend the regulations pending a thorough, independent review conducted by a tribunal that prioritizes athletes’ fundamental rights – including privacy and non-discrimination. However, a more fundamental shift is needed: a move away from regulations based on perceived competitive advantages towards a system that celebrates diversity and inclusion.
This could involve exploring alternative approaches to ensuring fair competition, such as focusing on objective performance metrics rather than physiological characteristics. It also requires a commitment to ongoing research and dialogue with athletes, scientists, and human rights experts. The current model, where regulations are imposed from the top down without meaningful consultation, is unsustainable.
The Role of the International Olympic Committee
The International Olympic Committee (IOC) also faces increasing pressure to address these issues. While the IOC has expressed support for inclusivity, its actions haven’t always aligned with its rhetoric. The IOC needs to take a leadership role in developing a comprehensive framework for protecting athletes’ rights and promoting gender equality in sport. This framework should be binding on all sporting organizations and include robust mechanisms for accountability.
The Semenya ruling is a wake-up call for the entire sporting world. It’s a reminder that athletes are not simply competitors; they are individuals with fundamental human rights. Ignoring those rights is not only unethical but also unsustainable. The future of sport depends on creating a system that is fair, inclusive, and respectful of all athletes, regardless of their sex characteristics, gender identity, or background. What steps will World Athletics and the IOC take to ensure a truly equitable playing field? Share your thoughts in the comments below!
