The Grand Chamber will deliver its judgment in in the matter that was referred by Switzerland after the judgment was handed down by the ECHR in July 2023, finding in favour of Semenya. This case began in February 2021 when Semenya, a multiple Olympic gold medallist and World Champion, lodged an application with the ECHR challenging regulations issued by the International Association of Athletics Federations (IAAF).

The contested IAAF regulations on Differences of Sex Development (DSD) required Semenya, and other intersex people with high testosterone, to lower their natural testosterone levels through hormone treatment to be eligible to compete as a woman in international sporting events. This was required by the IAAF though athletes and medical experts have suggested the hormonal treatments have a negative effect on the health, and more particularly the sexual and reproductive health of those who are subjected to it.

Having refused to undergo the hormone treatment, Semenya was no longer eligible to take part in international competitions and was ineligible to compete in the Paris 2024 as a result. The South African Human Rights Commission (SAHRC) was granted leave to intervene in the matter at the ECHR as a third-party intervener, or friend of the court. 

The SAHRC has made submissions to the ECHR on two occasions relying on the rich jurisprudence/human rights norms and principles that have been developed through the various mechanism on the issue of unfair discrimination on the grounds of race, gender, sex, and sexual orientation. Broadly, the submissions made by the SAHRC focus on the discriminatory effect of the regulations on the intersecting grounds of race, sex, and gender.

Ends

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION