Caster Semenya succeeds in an important case for athletes around the world at the European Court of Human Rights regarding the right of athletes to a fair hearing during fundamental rights disputes between themselves and their sport governing bodies

Abstract

In the case of Semenya v Switzerland, the European Court of Human Rights held that when athletes complain to their sport’s governing bodies regarding regulations that undermine their human rights, which such bodies claim are compatible with substantive public policy, the arbitration or reviewing bodies must rigorously – and not restrictively – examine the breaches of the athletes’ fundamental rights before deciding a case. This decision should result in important changes to the governance of international sport.