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Click to expand Image Caster Semenya, of South Africa, competes during a heat in the women's 5000-meter run at the World Athletics Championships, Eugene, Oregon, US, July 20, 2022. 2022 Ashley Landis/AP Photo Caster Semenya, a South African Olympic runner, won her discrimination casein the European Court of Human Rights (ECHR) last week. Yet paradoxically, Semenya and many other women athletes may still be banned from competing in sports under World Athletics regulations. Under these regulations, promulgated by the sports governing body regulating track and field, women like Semenya, who have naturally occurring higher testosterone levels associated with Differences of Sex Development (DSD), are barred from competing - unless they subject themselves to medically unnecessary interventions to reduce their testosterone levels and conform to an arbitrary and subjective standard of femininity. These regulations came into effect in 2019. Sports governing bodies argued that the regulations broke from the past 50 years of sex testing women athletes, a practice that was humiliating, degrading and discriminatory. However, the revised regulations still subject women athletes to sex eligibility criteria that retain these negative, rights-abusing consequences. Semenya challenged the new regulations in the Court of Arbitration for Sport in April 2019, and lost. She then appealed to Switzerland's highest court, the Federal Tribunal, which dismissed the case on grounds that sports regulations violating women's rights cannot be struck down as inconsistent with Swiss public policy, even though the court concluded the regulations violated Semenya's human rights. As Human Rights Watch and experts argued in an amicus brief submitted to the European court, the 2019 regulations perpetuate the arbitrary scrutiny of women's bodies in ways that are degrading and invasive of privacy, on grounds that are scientifically contested. Such regulations are incompatible with respect for women's rights to bodily integrity, freedom from cruel, inhuman, and degrading treatment, dignity, and non-discrimination. That is at the heart of the matter. International sporting bodies set regulations with scant regard for international human rights norms, as if they are exempt from human rights standards. The European court decision debunks that, finding that the Swiss Federal Tribunal had 'failed' to uphold human rights norms despite 'credible claims of discrimination'. Semenya's victory is in some sense a technical one. It enables Semenya to pursue her case, but without any immediate prospect of being able to compete again - which is the point of her case. In a statement, World Athletics indicated they will encourage the Swiss government to appeal the decision to the Grand Chamber of the European Court. The future of Semenya's athletics career - and that of many other women athletes - hangs in the balance. Still, Caster has won a significant victory that ultimately should compel World Athletics and the Court of Arbitration for Sport to ensure that their actions comply with international human rights law and standards.

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Switzerland ,Swiss ,Caster Semenya ,European Court ,Differences Of Sex Development ,Human Rights Watch ,South African Olympic ,Human Rights ,Sex Development ,Federal Tribunal ,Swiss Federal Tribunal ,World Athletics ,Grand Chamber ,Click To Expand Image Caster Semenya ,F South Africa ,Ompetes Duringa Heat In The Women 39s 5000 Meter Run At World Athletics Championships ,Eugene ,Oregon ,Us ,July 20 ,022 2022 Ashley Landis Ap Photo Caster Semenya ,A South African Olympic Runner ,On Her Discrimination Casein The European Court Of Human Rights Echr Last Week Yet Paradoxically ,Emenya And Many Other Women Athletes May Still Be Banned From Competing In Sports Under World Athletics Regulations These ,Romulgated By The Sports Governing Body Regulating Track And Field ,Omen Like Semenya ,Ho Have Naturally Occurring Higher Testosterone Levels Associated With Differences Of Sex Development Dsd ,Re Barred From Competing Unless They Subject Themselves To Medically Unnecessary Interventions Reduce Their Testosterone Levels And Conform An Arbitrary Subjective Standard Of Femininity These Regulations Came Into Effect In 2019 Sports Governing Bodies Argued That The Broke Past 50 Years Sex Testing Women Athletes ,A Practice That Was Humiliating ,Egrading And Discriminatory However ,He Revised Regulations Still Subject Women Athletes To Sex Eligibility Criteria That Retain These Negative ,Ights Abusing Consequences Semenya Challenged The New Regulations In Court Of Arbitration For Sport April 2019 ,Nd Lost She Then Appealed To Switzerland 39s Highest Court ,He Federal Tribunal ,Hich Dismissed The Case On Grounds That Sports Regulations Violating Women 39s Rights Cannot Be Struck Down As Inconsistent With Swiss Public Policy ,Ven Though The Court Concluded Regulations Violated Semenya 39s Human Rights As Watch And Experts Argued In An Amicus Brief Submitted To European ,He 2019 Regulations Perpetuate The Arbitrary Scrutiny Of Women 39s Bodies In Ways That Are Degrading And Invasive Privacy ,N Grounds That Are Scientifically Contested Such Regulations Incompatible With Respect For Women 39s Rights To Bodily Integrity ,Reedom From Cruel ,Inhuman ,Nd Degrading Treatment ,Dignity ,Nd Non Discrimination That Is At The Heart Of Matter International Sporting Bodies Set Regulations With Scant Regard For Human Rights Norms ,S If They Are Exempt From Human Rights Standards The European Court Decision Debunks That ,Inding That The Swiss Federal Tribunal Had 39 Failed To Uphold Human Rights Norms Despite Credible Claims Of Discrimination Semenya 39s Victory Is In Some Sensea Technical One It Enables Pursue Her Case ,Ut Without Any Immediate Prospect Of Being Able To Compete Again Which Is The Point Her Case Ina Statement ,Orld Athletics Indicated They Will Encourage The Swiss Government To Appeal Decision Grand Chamber Of European Court Future Semenya 39s Career And That Many Other Women Athletes Hangs In Balance Still ,Aster Has Wona Significant Victory That Ultimately Should Compel World Athletics And The Court Of Arbitration For Sport To Ensure Their Actions Comply With International Human Rights Law Standards ,

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