Landmark Ruling Challenges Athletics’ Sex Testing policies, Championing Human Rights
strasbourg, France – A meaningful ruling by the European Court of Human Rights (ECtHR) has cast a critical spotlight on the controversial sex-testing regulations imposed by World Athletics, with judges highlighting potential violations of fundamental human rights. While the court stopped short of directly invalidating the rules,its strong criticism of previous tribunal reviews has been hailed as a major victory for athletes,notably for Caster Semenya,and a blow to discriminatory practices in sport.
One judge, in a powerful concurring opinion, explicitly stated that Semenya faced a disadvantage not only as a professional athlete but also due to her identity as a woman, Black, and from the Global South. This sentiment underscores the broader concerns about systemic bias within international sports governance.
the ECtHR essentially found that the regulations, which involve severe intrusions into athletes’ privacy, have never been adequately assessed for their necessity and proportionality under international human rights law.This failure, the court determined, stemmed from insufficient rigorous review by the tribunals Semenya had previously appealed to, including the Court of Arbitration for Sport (CAS).
While the CAS had acknowledged the impact of the regulations on fundamental rights and human dignity, the European court found that these considerations were not given proper weight in the decision-making process.Furthermore, the Supreme Court’s review was deemed too technical and narrow to rectify this critical flaw. Consequently, neither World Athletics nor the International Olympic Committee has been compelled to definitively prove the compatibility of these regulations with human rights norms.
Human Rights Watch, a vocal critic of the policies, has documented how the sex-testing regulations are arbitrary, invasive, and degrading. In a joint submission to the ECtHR with expert scholars Payoshni Mitra and Katrina Karkazis, Human Rights Watch presented findings that these regulations harm all women athletes by perpetuating invasive and degrading scrutiny of their bodies based on scientifically contested grounds. The association asserts that such practices are incompatible with women’s rights to bodily integrity, freedom from cruel, inhuman, and degrading treatment, dignity, and non-discrimination.
The language employed by the majority of the ECtHR judges clearly indicates a negative view of the regulations and the harm they inflict on women athletes, coupled with skepticism regarding World Athletics’ justifications. Although the court did not rule on whether the regulations themselves violate the European Convention on Human Rights, citing Switzerland’s indirect role, four judges in the majority criticized the court for not taking a more decisive stance, stating it had ”failed to fulfill its role.”
Despite not striking down the regulations, Human Rights Watch views the judgment as a significant setback for World Athletics. The organization urges World athletics to immediately suspend the submission of these regulations until an independent and impartial tribunal conducts a rigorous review, adhering to the necessary standards to protect athletes’ fundamental rights, including privacy and non-discrimination.
Given the court’s critical assessment, Human Rights Watch advocates for World Athletics to abandon these regulations and the pursuit of sex testing for women altogether. This call is supported by extensive research that undermines the purported objective or scientific basis of the regulations.
“International sporting bodies have shown scant regard for international human rights norms in setting these regulations, as if they are exempt from human rights standards,” stated [name of Human Rights Watch representative, if available, or else use a general attribution like “a spokesperson for Human Rights Watch”]. ”Caster Semenya’s victory is a victory for all women and all athletes as the European Court found that the Court of Arbitration for Sport and Swiss Federal Tribunal had failed to uphold human rights norms despite credible claims of discrimination.”
This ruling marks a pivotal moment,demanding greater accountability from international sporting federations and reinforcing the imperative to uphold human rights in the pursuit of athletic excellence.
