ECHR rules on right to fair hearing violation in Caster Semenya case

ECHR rules on right to fair hearing violation in Caster Semenya case

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. 

Recent Posts

Sustainability in Sport: Practical Tools You Can Use Today

Environmental sustainability is no longer an aspiration—it is becoming part of responsible sport governance. Sport depends on healthy communities and healthy environments. Whether organising competitions, managing facilities or coordinating travel, sport organisations increasingly recognise the importance of reducing their environmental impact, contributing to broader sustainability objectives and strengthening their resilience to a changing climate. The […]

Read More
Eurostat: Sport employment on the rise

Eurostat published updated data the development in employment in sports between 2022 and 2025, highlighting four consecutive years of growth in sport employment. According to the data, in 2025 sport employed 1.8 million people in the EU, accounting for 0.9% of total employment. Significantly, the data shows that 36.2% of people employed in sport are […]

Read More
EOC EU Office awareness-raising webinar on climate change, nature and sport

On 3 September more than 50 sports organizations gathered to the EOC EU office webinar “Climate, Nature and Sport – Understanding the impact of/on sport and getting the basics right for a resilient sport organisation” to learn and share best practices on sustainability of sports. The webinar is a continuation of the EU co-funded OCEAN […]

Read More

Related Posts

September 16, 2026
Sustainability in Sport: Practical Tools You Can Use Today

Environmental sustainability is no longer an aspiration—it is becoming part of responsible sport governance. Sport depends on healthy communities and healthy environments. Whether organising competitions, managing facilities or coordinating travel, sport organisations increasingly recognise the importance of reducing their environmental impact, contributing to broader sustainability objectives and strengthening their resilience to a changing climate. The […]

September 4, 2026
Eurostat: Sport employment on the rise

Eurostat published updated data the development in employment in sports between 2022 and 2025, highlighting four consecutive years of growth in sport employment. According to the data, in 2025 sport employed 1.8 million people in the EU, accounting for 0.9% of total employment. Significantly, the data shows that 36.2% of people employed in sport are […]

September 4, 2026
EOC EU Office awareness-raising webinar on climate change, nature and sport

On 3 September more than 50 sports organizations gathered to the EOC EU office webinar “Climate, Nature and Sport – Understanding the impact of/on sport and getting the basics right for a resilient sport organisation” to learn and share best practices on sustainability of sports. The webinar is a continuation of the EU co-funded OCEAN […]

About us

The EOC EU Office is the House of European Sport, representing the European Olympic Committees (EOC), the IOC and other major sport organisations to the European institutions in Brussels.
CONTACT
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram