The First Step towards a More Inclusive Environment in Sports? Case Note of the ECtHR’s Semenya v. Switzerland Judgment

The case of Caster Semenya, a South African athlete, has been a subject of interest for more than a decade. The intersex athlete, who identifies as a woman, is not only one of the world’s most successful middle-distance runners, but also one of the most controversial sports rights issues. The IAAF (now known as World Athletics) has repeatedly sought to restrict Semenya under various regulations, claiming that she enjoys an unfair competitive advantage because of her high testosterone levels. The presentation of the case before the ECtHR is intended to elaborate on the above polemical situation. In this paper, we will attempt to review the Court’s position in detail, including the judicial proceedings that preceded the ECtHR’s decision. Reactions and reflections of civil organisations to the decision’s direction will also be underlined to provide a more holistic overview of the case. The study aims to contribute to the literature on LGBTQIA+ rights and to the discourse on the rights of marginalised communities.