• Semenya won a legal victory against World Athletics regulations.
• European Court of Human Rights ruled that she was discriminated.
• The ruling does not overturn World Athletics regulations.

Caster Semenya, the double Olympic 800m champion, has taken a possible tiny step towards competing in Paris 2024, but she still has a long way to go in her battle against World Athletics regulations that have kept her virtually idle for four years.

Semenya, a South African athlete with variations in sexual development (DSDs), has been embroiled in a court dispute over restrictions that prevent her from running unless she decreases her natural testosterone levels surgically.

The 32-year-old middle-distance runner brought her case to sport’s top court, the Court of Arbitration for Sport (CAS), and then to the Swiss Federal Tribunal (SFT).

Semenya lost both cases, although when CAS ruled against her four years ago it accepted that it meant she was being discriminated against but its judges ruled 2-1 that “such discrimination is a necessary, reasonable and proportionate means of achieving World Athletics’ aim of preserving the integrity of female athletics in the Restricted Events”.

However, the European Court of Human Rights (ECHR) ruling on Tuesday, issued in her favour by a razor-thin margin of four to three, asserts that she was discriminated against by the SFT, who did not regard respect for her private life or the right to an effective remedy.

It does not overturn World Athletics regulations and will very certainly be challenged by the Swiss government during the three-month period following the ruling when it is non-binding and subject to review, which could be a lengthy process.

In truth, Semenya’s road return to competition is perhaps as difficult as it was before Tuesday’s decision – a moral win, but not one that brings her any closer to the Olympics.

“This is a critical moment for inclusion, gender identity, human rights and anti-discrimination. It signals the value of human rights in sport and the need to balance competing interests fairly and responsibly,” Patel told Reuters.

“Since our introduction to Semenya in 2009, the landscape has shifted and our understanding of gender, inclusion, human rights and fair competition has progressed. Yet there is still more to be done and the judgment will contribute to the multi-disciplinary body of research emerging in this field.”

Patel went on to say that it demonstrates that the ECHR can intervene in cases of sport discrimination. CAS was originally the last arbiter in such cases, but there are now various other measures that aggrieved parties might pursue.

As a result, Semenya may find that the end of the legal process is too late to save her career, but it may help others.

World Athletics believes that regulations are the greatest way to ensure that the playing field is equitable and that DSD athletes do not have an unfair advantage. They note that the ECHR chamber was “deeply divided” in their decision.

“We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence,” they said.

The limits were tightened in March to include all female track events, prohibiting Semenya from relaunching her career by racing longer distances.

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