Authored By: Ayanda Mabusela
Eduvos
ABSTRACT
The growing presence of women in sports, particularly at the Olympics, is enhancing diversity in a field historically dominated by men. The European Court of Human Rights’ recent decision favored Caster Semenya, criticising the application of eligibility rules. This ruling underscores the intense scrutiny and regulation faced by female athletes, especially women of color, and the intrusive nature of testosterone regulations. It highlights the urgent need for more inclusive approaches to gender and fairness within the realm of sports.
INTRODUCTION
On July 10, 2025, the European Court of Human Rights delivered a landmark judgment in Mokgadi Caster Semenya v. International Association of Athletics Federations 1the European Court of Human Rights (ECtHR) ruled in favour of Mokgadi Caster Semenya against the International Association of Athletics Federations (IAAF)2. The court determined that the Court of Arbitration for Sport (CAS) and Switzerland’s Federal Supreme Court failed to adequately protect Semenya’s rights regarding eligibility regulations. Semenya challenged the World Athletics rules requiring women with Differences of Sex Development (DSD) to lower their testosterone levels, labelling these regulations as scientifically dubious, invasive, and discriminatory. This decision represents a significant victory for athletes’ rights, as the court determined that neither CAS nor the Swiss Federal Tribunal upheld fundamental human rights standards in Semenya’s case. The judgment highlights injustices and abuses arising from regulations that disproportionately scrutinize women of color in international athletics. It stands as a pivotal moment in the fight for equity and justice in sports, reinforcing the need for more inclusive considerations of gender and fairness, and foreshadowing future legal challenges related to athletes’ rights and protections.3
Legal framework
The regulation of female athletes in international sports has been marked by exclusionary policies rooted in outdated science and sexism. These have resulted in invasive medical exams and restrictive dress codes, disrupting athletes’ careers. To ensure fairness, sex verification testing was implemented to prevent athletes assigned male at birth from competing. Historically, this included the “nude parade” invasive inspections mandated by the International Association of Athletics Federations (IAAF)4at the 1966 European Athletics Championships. 5
Genetic testing, particularly buccal smear tests, replaced physical examinations from 1968 to 1999 to determine an athlete’s sex. These tests, however, were inaccurate and discriminatory, causing trauma to athletes with intersex variations6 Despite its shortcomings, mandatory testing persisted until the 1990s, when the public humiliation of José Martínez-Patiño after failing a gender test in 1985 and pressure from the medical community led to its discontinuation. The IAAF ended mandatory testing in 1992, followed by the International Olympic Committee (IOC) in 1999.7
Hyperandrogenism Regulations in 2011, which mandated that female athletes with testosterone levels exceeding 10 nmol/L undergo medical procedures to lower their testosterone to compete.8 However, following a successful challenge by Indian sprinter Dutee Chand, who argued that there was insufficient evidence linking high testosterone levels to competitive advantage, these regulations were suspended by the Court of Arbitration for Sport (CAS) in 2015. In 2018, World Athletics established new rules targeting athletes with Differences of Sex Development (DSD), requiring them to reduce testosterone levels to compete in specific events. This policy was upheld by CAS in 2019, highlighting ongoing debates surrounding gender, fairness, and inclusion in sports.9
In March 2023, World Athletics introduced regulations that further restricted female participation. The “Eligibility Regulations for Transgender Athletes” prohibit transgender women from competing, while the “Eligibility Regulations for the Female Classification” set a testosterone threshold of 2.5 nmol/L for athletes with DSD. Athletes exceeding this threshold must lower their testosterone levels, often through oral suppressants, to qualify for women’s events. This ongoing regulation reflects the historical and systemic scrutiny of female athletes, underscoring the persistent inequities they face in the sport.10
Judicial Interpretation of World Athletics regulations
According to the United Kingdom’s National Health Service, Differences of Sex Development (DSDs) are rare conditions affecting genes, hormones, and reproductive organs, leading to atypical physiological development. Many female athletes with DSD exhibit elevated testosterone levels, prompting World Athletics to impose restrictions on “androgen-sensitive” athletes, specifically those with XY chromosomes and testes. The IAAF DSD Regulations mandate that these athletes lower their testosterone levels to below 5 nmol/L for at least six consecutive months to compete in women’s events ranging from 400m to one mile, impacting their eligibility for world records.11
The IAAF has primarily focused its new eligibility rules on female athletes with Differences of Sex Development (DSD) in track events. A prominent figure among these athletes is Caster Semenya, a two-time 800m Olympic champion who has contested these regulations through the Court of Arbitration for Sport (CAS) and the Swiss Federal Tribunal. Semenya achieved her first world championship in 2009 and secured Olympic gold in 2012 and 2016. However, her career faced significant disruption following the introduction of controversial rules by World Athletics in 2018, which mandated that athletes with naturally high testosterone levels must take medication to compete.12
On July 10, 2025, the European Court of Human Rights (ECHR) ruled that Switzerland violated Caster Semenya’s human rights. The court found that Semenya did not receive a fair hearing from the Court of Arbitration for Sport and the Swiss Federal Supreme Court. Moreover, it determined that World Athletics’ regulations, requiring invasive medical treatments for women with Differences of Sex Development (DSD), violated her fundamental rights.13 Although this ruling does not immediately change World Athletics’ rules, Semenya’s legal team sees it as a major win. Semenya herself emphasises that her case is about human rights and athlete protection, denouncing the testosterone regulations as discriminatory. She hopes this decision will protect the rights of all athletes, highlighting the importance of dignity, fairness, and the need to challenge oppressive systems within sports.14
Analysis of Non-Compliance with Differences in Sex Development (DSD) Regulations
Female athletes of colour have encountered significant scrutiny and discrimination regarding sex testing and allegations of being male or transgender. Dugas15 argues that while World Athletics does not explicitly show bias towards the Global North, its practices reveal a white, Western bias. This bias is evident in modern medicine, as the 2023 Regulations intertwine gender and sex with race and and nationality.16 Recent cases, such as those of Khelif and Lin Yu-Ting, highlight the ongoing challenges female athletes face within the framework of gender regulations in sports.17 Additionally, athletes like Francine Niyonsaba from Burundi and Margaret Wambui from Kenya, both medalists in the women’s 800m at the Rio 2016 Olympics, have faced scrutiny for non-compliance with Differences of Sex Development (DSD) regulations. This situation underscores the complexities and inequalities that persist in the realm of sports, particularly for female athletes of colour.18
Sports regulations often fail to consider all women, particularly intersex individuals, and disregard female autonomy. The prevailing definition of womanhood frequently reflects Western ideals. Athletes from the Global South are challenging sex testing practices. The Eurocentric nature of sports and a lack of gender diversity understanding lead to targeted scrutiny of female athletes of colour who do not conform to Western standards. This is evident as several athletes, including Dutee Chand, Serena Williams, Brittney Griner, and Imane Khelif, have faced scrutiny and discrimination. Chand challenged regulations on testosterone levels.19 Williams and Griner have been targets of false accusations. Khelif was disqualified from the 2023 World Championships. These cases highlight the intertwined nature of racism, transphobia, and intersex phobia, stemming from historical biases that gender race, often portraying Black women as less feminine.20
Navigating beyond westernised norms amending DSD regulations to embrace diverse female identities in athletics
World Athletics’ regulations on women’s testosterone levels subject athletes to scrutiny based on subjective assessments of “masculinity” and “femininity,” which are degrading and medically unnecessary, often leading to interventions without clear health benefits. The regulations targeting athletes with Differences in Sex Development (DSD) are discriminatory, perpetuating racialised gender stereotypes and imposing undue burdens on female athletes. 21 To address these issues, it is crucial to rescind the 2019 Eligibility Regulations for DSD athletes, engage stakeholders, and adopt a human rights policy aligned with the UN Guiding Principles. A comprehensive audit of World Athletics policies should be conducted to ensure alignment with the Olympic Charter principles, promoting sport as a human right without discrimination. Furthermore, establishing clear Duty of Care policies and transparent, participatory processes involving affected athletes and experts is essential. 22
CONCLUSION
Female athletes of colour face significant scrutiny and discrimination due to sex testing and accusations of being male or transgender. World Athletics’ testosterone regulations impose degrading assessments of “masculinity” and “femininity,” often coercing athletes into unnecessary medical interventions. These rules overlook the needs of all women, especially intersex individuals, and undermine female autonomy. The Eurocentric nature of sports and a lack of understanding of gender diversity lead to targeted scrutiny of these athletes. Figures like Caster Semenya have encountered criticism and legal challenges rooted in racism, transphobia, and intersex phobia, highlighting historical biases.23
LIST OF REFERENCES
Cases
CAS 2018/O/5794 Mokgadi Caster Semenya v. International Association of Athletics Federations
Statutes
International Association of Athletics Federations (IAAF)
The International Olympic Committee (IOC)
Online Law Journal
Maria Dugas “Gender According to World Athletics: The Regulation of Racialized Athletes from the Global South.” Dalhousie Law Journal 47 (2) (2024)
<https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2255&context=dlj/> accessed 28 October 2025 pg 3-43
Elsas, L. J., Ljungqvist, A., Ferguson-Smith, M. A., Simpson, J. L., Genel, M., Carlson, A. S., Ferris, E., de la Chapelle, A., & Ehrhardt, A. A “Gender verification of female athletes.” Genetics in medicine : official journal of the American College of Medical Genetics 2(4) (2000) pg 249–254. <https://doi.org/10.1097/00125817-200007000-00008/> accessed 28 October 2025
Research Report
Sonja Erikainen “Policing the sex binary: gender verification and the boundaries of female embodiment in elite sport.” Olympic World Library (2016) pg 2-33
<https://share.google/Vn6zZWkIuyipnpBPC/> accessed 28 October 2025
Tebogo M Mphidi and Emma Charlene Lubaale “The IAAF rules on testosterone levels and the Right to Health” South African Journal of Science (2020) pg 1-19
<https://share.google/POzmfQ7yjkGwokunr/> accessed 28 October 2025
Websites
Official publication
Graeme Reid and Minky Worden “Caster Semenya Won Her Case, But Not the Right to Compete” (2023) Human Rights Watch < https://www.hrw.org/news/2023/07/18/caster semenya-won-her-case-not-right-compete/> accessed 29 October 2025
Human Rights Watch. “They’re Chasing Us Away from Sport” Human Rights Violations in Sex Testing of Elite Women Athletes. (2020) Human Rights Watch. <
https://www.hrw.org/report/2020/12/04/theyre-chasing-us-away-sport/human-rights violations-sex-testing-elite
women#:~:text=The%20mandated%20exams%2C%20tests%2C%20and,no%20health%20pu rpose%20or%20benefit.&text=The%20stipulations%20of%20the%20World,or%20violations %20of%20their%20privacy./> accessed 30 October.
ZK Goh, Evelyn Watta, and Ed Knowles “DSD athletes: What does it mean to be DSD and how gender and sex are the big issues in athletics” (2019) Olympics
< https://www.olympics.com/en/news/semenya-niyonsaba-wambui-what-is-dsd-iaaf regulations/> accessed 29 October 2025
Newsletter
Africa Legal “Caster Semenya finally wins her longest-ever race, as ECHR Grand Chamber delivers historic decision” (2025) Africa Legal < https://www.africa-legal.com/news/caster semenya-finally-wins-her-longest-ever-race-as-echr-grand-chamber-delivers-historic decision/122244/> accessed 29 October 2025
Daegu, Korea “IAAF to introduce eligibility rules for females with hyperandrogenism” (2011) World Athletics < https://worldathletics.org/news/iaaf-news/iaaf-to-introduce eligibility-rules-for-femal-1/> accessed 30 October 2025
Megan Janetsky, Gerald Imray and Noreen Nasir “For female athletes of color, scrutiny around gender rules and identity is part of a long trend” (2024) AP Summer Olympics <https://www.ap.org/news-highlights/spotlights/2024/for-female-athletes-of-color-scrutiny around-gender-rules-and-identity-is-part-of-a-long-trend/> accessed 29 October 2025
News Release “Global: Caster Semenya’s Court Victory a Win for All Athletes” (2025) Human Rights Watch < https://www.hrw.org/news/2025/07/15/global-caster-semenyas court-victory-a-win-for-all
athletes#:~:text=Unsuccessful%20in%20arbitration%2C%20she%20then,final%20stage%20 of%20these%20proceedings./> accessed 27 October 2025
Padawer, Ruth “The Humiliating Practice of Sex-Testing Female Athletes” (2016) The New York Times Magazine < https://www.nytimes.com/2016/07/03/magazine/the-humiliating practice-of-sex-testing-female-athletes.html?ref=sports&_r=0/> accessed 28 October 2025
Timothy Abraham, Dan Roan “Semenya’s right to a fair hearing violated ECHR” (2025) BBC Sport < https://www.bbc.com/sport/olympics/articles/c7vr04v3vpdo/> accessed 30 October 2025.
1 CAS 2018/O/5794 Mokgadi Caster Semenya v. International Association of Athletics Federations
2 International Association of Athletics Federations (IAAF)
3 News Release “Global: Caster Semenya’s Court Victory a Win for All Athletes” (2025) Human Rights Watch < https://www.hrw.org/news/2025/07/15/global-caster-semenyas-court-victory-a-win-for-all athletes#:~:text=Unsuccessful%20in%20arbitration%2C%20she%20then,final%20stage%20of%20these%20pro ceedings./> accessed 27 October 2025
4International Association of Athletics Federations (IAAF) n4
5 Padawer, Ruth “The Humiliating Practice of Sex-Testing Female Athletes” (2016) The New York Times Magazine < https://www.nytimes.com/2016/07/03/magazine/the-humiliating-practice-of-sex-testing-female athletes.html?ref=sports&_r=0/> accessed 28 October 2025
6 Elsas, L. J., Ljungqvist, A., Ferguson-Smith, M. A., Simpson, J. L., Genel, M., Carlson, A. S., Ferris, E., de la Chapelle, A., & Ehrhardt, A. A “Gender verification of female athletes.” Genetics in medicine : official journal of the American College of Medical Genetics 2(4) (2000) pg 249–254. <https://doi.org/10.1097/00125817- 200007000-00008/> accessed 28 October 2025
7 Sonja Erikainen “Policing the sex binary: gender verification and the boundaries of female embodiment in elite sport.” Olympic World Library (2016) pg 23 para 1 <https://share.google/Vn6zZWkIuyipnpBPC/> accessed 28 October 2025
8 Daegu, Korea “IAAF to introduce eligibility rules for females with hyperandrogenism” (2011) World Athletics < https://worldathletics.org/news/iaaf-news/iaaf-to-introduce-eligibility-rules-for-femal-1/> accessed 30 October 2025
9 Tebogo M Mphidi and Emma Charlene Lubaale “The IAAF rules on testosterone levels and the Right to Health” South African Journal of Science (2020) pg 5 <https://share.google/POzmfQ7yjkGwokunr/> accessed 28 October 2025
10 Maria Dugas “Gender According to World Athletics: The Regulation of Racialized Athletes from the Global South.” Dalhousie Law Journal 47 (2) (2024) <https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2255&context=dlj/> accessed 28 October 2025 pg 4
11 ZK Goh, Evelyn Watta, and Ed Knowles “DSD athletes: What does it mean to be DSD and how gender and sex are the big issues in athletics” (2019) Olympics <
https://www.olympics.com/en/news/semenya-niyonsaba-wambui-what-is-dsd-iaaf-regulations/> accessed 29 October 2025
12 Africa Legal (nError! Bookmark not defined.)
13 Graeme Reid and Minky Worden “Caster Semenya Won Her Case, But Not the Right to Compete” (2023) Human Rights Watch < https://www.hrw.org/news/2023/07/18/caster-semenya-won-her-case-not-right compete/> accessed 29 October 2025
14 Timothy Abraham, Dan Roan “Semenya’s right to a fair hearing violated ECHR” (2025) BBC Sport < https://www.bbc.com/sport/olympics/articles/c7vr04v3vpdo/> accessed 30 October 2025.
15 Maria Dugas (n10) pg 4 para 2.
16 Megan Janetsky, Gerald Imray and Noreen Nasir “For female athletes of color, scrutiny around gender rules and identity is part of a long trend” (2024) AP Summer Olympics
<https://www.ap.org/news-highlights/spotlights/2024/for-female-athletes-of-color-scrutiny-around-gender rules-and-identity-is-part-of-a-long-trend/> accessed 29 October 2025
17 Ibid
18 ZK Goh (n11)
19 Megan Janetsky, Gerald Imray and Noreen Nasir (n16)
20 Ibid
21 Human Rights Watch. “They’re Chasing Us Away from Sport” Human Rights Violations in Sex Testing of Elite Women Athletes. (2020) Human Rights Watch. < https://www.hrw.org/report/2020/12/04/theyre-chasing us-away-sport/human-rights-violations-sex-testing-elite women#:~:text=The%20mandated%20exams%2C%20tests%2C%20and,no%20health%20purpose%20or%20be nefit.&text=The%20stipulations%20of%20the%20World,or%20violations%20of%20their%20privacy./> accessed 30 October.
22 Ibid
23 Megan Janetsky, Gerald Imray and Noreen Nasir (n16)
