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Caster Semenya’s attorney expressed her “disappointment” with World Athletics’ response to her client’s “landmark” victory in the European Court of Human Rights (ECHR) on Tuesday.
“Obviously, Caster (Semenya, Ed.) is the recipient of a historic victory, but athletics as a whole also benefit. And the reason why is because up until recently, athletes and sporting individuals more generally functioned in a kind of human rights vacuum. Sports federations and bodies, like World Athletics, had the authority to rule that human rights may or may not be applicable to a given athlete. It’s up to us, Schona Jolly KC, the Cloisters Lead Council on the International Team and Caster Semenya’s attorney, remarked.
The ECHR ruled that Semenya was subjected to discrimination by track and field regulations that require her to surgically lower her natural hormone levels in order to participate in important contests.
In response to the court’s ruling, World Athletics stated that the controversial rules would “remain in place”.
“That’s not acceptable, according to the European Court (of Human Rights, Ed.). It’s unacceptable to unilaterally remove an entire group of individuals from the protection of the convention, in this case, professional athletes. Caster and other professional athletes have a right to have their fundamental rights adequately recognised and examined. Articles 8 and 14, or her right not to be subjected to discrimination, were infringed upon in this instance. right to a quiet existence for her.
She has a right to a career. her legal right to a private existence. She deserved to have all of those essential rights thoroughly reviewed and scrutinised since they were all her rights. Not by World Athletics, either. The Court of Arbitration for Sports did not rule in their favour. Furthermore, they weren’t issued by the Swiss Federal Tribunal. That cannot occur, the court ruled. That can no longer take place. Professional athletes no longer operate in a human rights vacuum, said the legal expert.
Since she declined to chemically lower her testosterone, Semenya has been prohibited by the regulations from competing in her preferred 800-meter race. Four years of her career at its height have been lost to her.
