He European Court of Human Rights (ECHR) considered today that the South African athlete Caster Semenya was victim of discriminationbeing prevented from taking part in tests because he refuses to undergo treatment to lower his testosterone level.
The european court responds to a request from the hyperandrogynous athlete, 32 years old, against justice of switzerlandwhich in 2020 confirmed that had to undergo hormonal treatment if he wanted to be able to compete in his favorite distance, the 800 meters, the AFP news agency reported.
“Swiss exceeded the limited margin of appreciation that it enjoyed in this case, which concerned discrimination based on gender and sexual characteristicswhich could only be justified by ‘very strong considerations'”, ruled the ECHR, based in the French city of Strasbourg.
The confirmation of Justice
The Swiss justice had confirmed a decision of the Court of Arbitration for Sportwhich in turn validated the regulation of World Athletics (ex-IAFF) above the maximum testosterone threshold.
The decision of the european court considers, by a short majority of four judges to three, that Swiss violated the European Convention on Human Rightsregarding the prohibition of discrimination, the right to respect for private life and an effective remedy.
The court based in Strasbourg (Northeastern France) also ordered the Swiss country to pay $66,000 in costs.
The natural excess of male sex hormones
The athlete has a natural excess of male sex hormones. For more than a decade she has maintained a controversy in this regard with the International Athletics Federation.
Based on expert reports, World Athletics defined in 2018 a maximum testosterone threshold (5 nanomoles per liters of blood) to be able to compete in the female category in distances ranging from 400 meters to a mile (1,609 meters). In this range of tests are 800 meters, the favorite distance of Semenya.
Source: Ambito
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