Mokgadi Caster Semenya is an international athlete specialising in middle-distance races (800 to 3,000 metres). Ms Semenya won the gold medal in the women’s 800 meters at the Olympic Games in London (2012) and Rio (2016) and is also a three-time world champion in the discipline. Ms Semenya lodged an application with the ECtHR on 18 February 2021, in terms of which she challenges regulations issued by World Athletics, which requires her to lower her natural testosterone levels through hormone treatment in order to be eligible to compete as a woman in international sporting events. Ms Semenya’s challenge is grounded in various rights enshrined in the European Convention on Human Rights (ECHR).

The Commission sought leave to intervene in the matter so as to elucidate the adverse impacts of World Athletics’ Differences of Sex Development (DSD) regulations on women from the Global South. In particular, the Commission wishes to make submissions to the ECtHR which demonstrate the discriminatory effect of the regulations on the intersecting grounds of race and gender, and which further show how the impugned regulations breach Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) and/or Article 3 (prohibition of torture) of the ECHR.

The Commission has been granted leave to make written submissions to the ECtHR by 12 October 2021. Although the court has issued questions to the parties in the matter, the Commission will assert its neutrality and confine its submission to the discriminatory impact of the DSD regulations on women athletes from the Global South. The Commission will accordingly not purport to comment on the merits of the matter.

The Commission is ably represented by a formidable legal team, comprising of 5 counsel, Jeremy Gauntlett SC QC, Emma Mockford, Jennifer MacLeod, Zahra al-Rikabi (Brick Court Chambers, London), and Frank Pelser (Huguenot Chambers, Cape Town.) They are instructed by attorneys Baker & McKenzie under the leadership of Lerisha Naidu with the assistance of Keketso Kgomosotho (Johannesburg) and supported by Romain Bizzini and Xavier Salvatore (Paris, France).  Our entire legal team acts on a pro bono basis.

The Commission has furthermore solicited the expert advice of an ad hoc committee comprising of Prof Sandra Fredman (Oxford) and Dr Meghan Campbell (Birmingham), representing the Oxford Human Rights Hub, and joined by Ms Alex Fitzgerald (previously a staff member of the Commission).

The Commission extends its sincere gratitude to the excellent legal team, expert committee and its own staff for their tireless work in reaching this important milestone in the Commission’s endeavor to promote equality and help eliminate discrimination in its various guises.

To access the legal documents for this matter please refer to the link here.

Ends

Issued by the South African Human Rights Commission

Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.