SA advocates for justice in Caster Semenya's case at EU Court

Semenya, a double Olympic champion, is challenging regulations that require her to alter her natural testosterone levels to compete in international athletics.

The Department of Sport, Arts and Culture (DSAC) has reaffirmed its strong support for Caster Mokgadi Semenya as her case is brought before the Grand Chamber of the European Court of Human Rights in France. Semenya, a double Olympic champion, is challenging regulations that require her to alter her natural testosterone levels to compete in international athletics.

Dr. Cynthia Khumalo, Acting Director-General of DSAC, expressed the department's commitment to fairness and equality in sports, emphasizing that "every athlete, regardless of their gender or physical attributes, should have the right to compete without facing unjust obstacles." This stance comes as South Africa marks 30 years of democracy, highlighting the nation's continued advocacy for human rights and non-discrimination.

The case centers on the 2019 regulations by World Athletics, which affect athletes with Differences in Sex Development (DSD). These regulations have been criticized for discriminating against athletes like Semenya, who are forced to undergo medical intervention to compete. The DSAC noted that a previous ruling had mandated World Athletics to avoid discriminatory practices, barring exceptional circumstances.

The upcoming hearing on Wednesday, 15 May 2024, will see the Grand Chamber reviewing the case, following a decision by the European Court of Human Rights in July 2023 that acknowledged potential violations including discrimination, denial of an effective remedy, and failure to respect private life.

The Commission for Gender Equality (CGE) and other stakeholders, including Norton Rose Fulbright and Probono.org, are collaborating with the government to support Semenya. Advocate Nthabiseng Sepanya-Mogale, Chairperson of the CGE, stated that a favorable ruling would significantly impact athletes with DSD globally, pushing for the issues to be recognized not as matters of private law but as concerns of public human rights law.

The DSAC remains hopeful that the Grand Chamber's judgment will reflect core values of justice, inclusivity, and diversity, underscoring the importance of this case not only for Semenya but for the broader international sporting community.