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Media Statement: South African Human Rights Commission’s statement on the Caster Semenya vs Switzerland case

Attention: Editors and Reporters

15 May 2024

Today, Wednesday 15 May 2024, the Grand Chamber at the European Court of Human Rights (ECHR) will hear the case of Caster Semenya v Switzerland. The South African Human Rights Commission (SAHRC) has been granted leave to intervene in the matter as a third-party intervener, or friend of the court.

This case follows rules by World Athletics to restrict testosterone levels in female runners competing in track events from 400m up to the mile. Semenya, and other athletes with DSD who have testosterone levels above the approved level, cannot compete in female track events without taking testosterone-reducing medication. The case before the Grand Chamber was referred by Switzerland after the judgment handed down by the ECHR in July 2023. The judgment found in favour of Semenya, indicating that her rights, as enshrined in the European Convention for Human Rights, to non-discrimination, respect for private life, and to an effective remedy had been violated.

The case before the Grand Chamber is highly anticipated as it impacts on the duty of international sporting bodies to respect human rights, particularly the rights of women.

The SAHRC will be represented by Baker McKenzie, and Counsel from Brick Court Chambers, London. Norton Rose Fulbright is representing Semenya, and the Commission for Gender Equality has mobilised support.

ENDS

For further information or inquiries, please contact Wisani Baloyi on 081 016 8308 or  This email address is being protected from spambots. You need JavaScript enabled to view it..

Issued by the South African Human Rights Commission

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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