Caster Semenya, Olympic champion in the 800 metres in 2012 and 2016 and world champion in 2009, 2011 and 2017, is banned from competing in the distance in which she has proven to be very competitive. She has had to try her luck in the 5,000 metres, a distance in which World Athleticshas decided not to include a rule that would allow her to compete. 

It was in 2018 that World Athletics introduced a rule that forced the athlete to take medication to lower her testosterone levels. It was then that Semenya began a long legal race between courts to prove her innocence. A race that could end at the highest level of the European Court of Human Rights (ECHR), which begins a hearing this Wednesday to determine whether the double Olympic champion can be forced to lower her testosterone levels in order to compete.

The athlete has already won a previous round at the ECHR. In July last year, the Lausanne-based Court of Arbitration for Sport (CAS) ruled that she had been the victim of discrimination. "I hope that World Athletics, and indeed all sporting organisations, will take into account the decision of the ECHR and ensure that the dignity and human rights of athletes are respected," said Semenya.

CAS turned its back on her and ruled against her in 2019. The decision was upheld by the Swiss Federal Court in Lausanne in 2020. The court said that "fair competition" was a "cardinal principle of sport". It said that testosterone levels comparable to those of men gave female athletes an "insurmountable advantage."

However, Semenya is confident that the initial ruling by a seven-member panel of the ECHR, which ruled by four votes to three that the Swiss court's decision was discriminatory and an invasion of Semenya's privacy, will stand. This decision was a symbolic one, as it said nothing about World Athletics' decision and did not pave the way for Semenya to return to competition without medication.

It was a decision that changed the course of events, although it did not address the substance of the matter. Once again, the Swiss authorities, supported by World Athletics, appealed to the Grand Chamber of the 17-member European Court of Justice. It is expected that the decision will take several months, but it will be binding.

Her case has become a symbol and a reference point beyond whether or not the athlete can return to competition. Indeed, Semenya has already declared that her career is over.

"This ruling will go down in history because it touches on the autonomy of sports organisations to regulate access to their competitions. This will have to be weighed against respect for human rights," said Antoine Duval, a specialist in sports law at the Asser Institute in The Hague, as reported by AFP.

The economic cost to Semenya is extremely high as she has had to go to the highest courts. In order to overcome this situation financially, the athlete, who has not competed since March 2023, asked for donations.

"We lack funds. We have a lot of experts coming and we have to pay them," she said at a press conference in Johannesburg.
It is estimated that close to 30 million rand (€1.5 million) has been spent on legal costs over the past ten years. Fees for experts and lawyers authorised to argue the case in Swiss courts are among the main expenses, her lawyer Gregory Nott told the press conference.

Caster Semenya offered to show her vagina to athletics officials in 2009, when she won her first world 800m title at the age of 18. She did so to prove she was a woman.

"I don't want to talk about sport any more because I've achieved everything I wanted to," Semenya said. She is now focused on defending and promoting the cause of young athletes facing similar challenges. "We all know what this case is about, it is about the differences in women's bodies. And the main goal is to make sure that we have protection... for these young kids so that they can be able to compete," Semenya said.

Last year, world athletics changed its rules again. Athletes with DSD, like Semenya, must now reduce their blood testosterone levels to less than 2.5 nanomoles per litre, down from the previous level of five. They must remain below this threshold for two years. World Athletics has also removed the principle of restricted events for DSD athletes. This means that they are banned from all distances unless they meet the testosterone criteria.