Semenya heads to European Human Rights court over ban

JOHANNESBURG: South Africa’s Olympic 800m champion Caster Semenya is taking her batle with World Athletics to the European Court of Human Rights, her lawyers said Tuesday, in a bid to overturn the hormone-drug rule.

The legal action comes two years since the World Athletics governing body in 2018 banned Semenya and others with differences of sexual development (DSD) from races between 400 metres and a mile unless they take testosterone-reducing drugs.

“We will be taking World Athletics to the European Court of human rights ,” her lawyer gregory not said in a statement, without specify on the timeframe.

“We remain hopeful that World Athletics will see the error it has made and reverse the prohibitive rules which restrict Ms Semenya from competing.”

Semenya is one of a number of female athletes with differences in sexual development (DSDS) competing in races ranging from 400 metres to a mile, who World Athletics insist must reduce their naturally high levels of testosterone in order to run.

This can be done either through the use of drugs or surgical interventions.

The defiant two-time olympic gold medal list, who has vowed to fight the ban, has previously unsuccessfully appealed to the Court of Arbitration for Sport (CAS), and to the Swiss Federal Tribunal (SFT).

Semenya, 29, who has elevated testosterone due to DSD, identifies as a woman and races as a woman.

But for World Athletics, women with some masculine atributes like Semenya have an unfair advantage -- a position hotly contested by South African officials.

Parliament, the South African Human Rights Commission and the South African Commission for Gender Equality are among those that have thrown their weight behind Semenya in the fight.

Her lawyers said the growing support from institutions and bodies across the globe for the athlete was encouraging amid the legal batles.

“Were main inspired by ms se men ya’ sin do mi table spirit and will remain steadfast in our stand against discrimination until she is allowed to run free from persecution,” Not said.

Though it is not clear whether she will run that distance at the Tokyo Olympics next year when she competes for Athletics South Africa, Athletics South Africa insist Semenya is still part of their team for the Games , though over what distance remains to be seen.

Semenya has over several months ran the 200-metre sprint, which falls outside of the World Athletics regulations.