On 10 July, the European Court of Human Rights (ECHR) rendered its judgement on the case Semenya v. Switzerland. The South African athlete’s complaints under Articles 8, 13, and 14 (right to respect for private life, rights to effective remedy, and prohibition of discrimination) of the European Convention on Human Rights were ruled inadmissible, considering that they fell outside of the Swiss jurisdiction where the Court of Arbitration for Sport (CAS) has its seat. However, the Court did find that Switzerland had violated her right to a fair hearing under Article 6(1). By a majority of 15 to 2, the Grand Chamber of the Court ruled that the Swiss Federal Supreme Court failed to adequately examine the CAS decision upholding World Athletics’ regulation requiring Semenya to reduce her natural testosterone levels to compete in women’s events. The Swiss Federal Supreme Court was indeed under a requirement for “rigorous examination” of the case, considering the “structural imbalance” of the relationship between the sport governing body (World Athletics), and the athlete (Caster Semenya) due to the mandatory and exclusive jurisdiction of CAS, and the fundamental civil rights of the athlete at stake. Accordingly, Semenya’s rights to a fair hearing were violated. As a result, Switzerland was ordered to pay Semenya €80,000 for costs and expenses. 

The Semenya case is now expected to be referred back to the Swiss jurisdiction. 

The EOC EU Office will further analyze the implications of this judgment on sport arbitration systems and will keep its partners informed. Notably, the ruling on the Royal Football Club Seraing case, expected in August, is expected to provide additional insight about the role of the Court of Arbitration for Sport.