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Casher Semenya’s right to a fair hearing was violated by the Swiss Switzerland, when she lost the turn of 2020 to global athletics rules that effectively forbade her to compete, the highest in Europe.
The double Olympic champion 800 m won a partial victory in the European Human Rights Court (ECHR) in its long legal battle for the rules of legal athletics.
The 34 -year -old Samen was born with the differences in sexual development (DSD) and failed to compete at 800 m, since the world athletics brought the rules in 2019, limiting the testosterone level for track events from 400 m to miles.
South African medium -range running suggests that the global athletics showed discrimination against DSD athletes, insisting that they reduce testosterone levels to be eligible.
Speaking before the BBC Sport after the verdict, Samnya said: “This is more than we thought. I don’t think it’s a competition. It’s about human rights. It is about protecting athletes.
“My role is to become a voice for those who cannot speak.”
The head of athletics insists on the proceeds, which in 2023 were expanded to cover all women’s events necessary to ensure fair competition and to protect the female category.
Semagan was an 800m Olympic champion in 2012 and 2016.
In 2019, she unsuccessfully disputed the rules of the World Athletics in the Swiss court of the Arbitration Court on Sport (CAS).
In July 2023 Echr ruled in favor of Semenya In case of testosterone levels in athletes.
The case in Echr was not against the sports bodies and rules of the DSD, but in particular against the Switzerland government for not defending Samni’s rights and dating back to a, Supreme Court ruling Switzerland Since 2020.
The Switzerland government demanded that the issue be transferred to the Echr House, which now revealed that the Swiss resolution “did not meet the requirement of a certain rigor” in accordance with Article 6 (the right to a fair hearing) of the European Convention on Human Rights.
The judges said the Swiss court review “lacked” this requirement.
However, the Great House has found Semania complaints in accordance with Articles 8 (the right to respect for privacy), 13 (the right to an effective remedy) and 14 (a ban on discrimination) is unacceptable because they “did not get into the jurisdiction of Switzerland”.
As the case concerns the Switzerland government rather than the athletics, it will not immediately affect the current DSD athletes.
Semenya said the result was “preferred”, adding: “For the waiting for more than 15 years to hear it, I mean, you know, this is a wonderful feeling.
“The past is the past. I mean, we focus on the future. I will say at this point, I will say that I have been reborn. And I feel fulfilled.”
The decisions made by the Great Chamber of Echr are not open to appeal.
The seed case may return to the Swiss Federal Court in Lausanne.
Athlete’s lawyer, Sean Jolie, said they needed time to process the decision before deciding on the next step, but said the BBC Sport Semenya “was justified.”
“Today, the Office of International Sports should sit and pay attention to the fundamental rights of the athlete,” Jolie said.
“It is impossible to postpone it and say” essential athlete’s rights do not matter. “They do.”
The world athletics refused to comment.