Two-time champion Caster Semenya has played down reports that she is ending her legal challenge against sex eligibility rules in athletics. “We are forever fighting,” the South African told DW.
In July, the European Court of (ECHR) handed Semenya a partial victory in her yearslong legal battle, ruling that a Swiss appeals court hadn’t examined her case rigorously enough. That ruling leaves open the possibility of further legal action against World Athletics, the sport’s global governing body.
Last week, The Associated Press quoted one of Semenya’s lawyers, Patrick Bracher, as saying her challenge would “not be taken further in the circumstances.”
However, in an interview with DW at the Play the Game sports conference in Tampere, Finland, Semenya suggested Bracher had been misquoted.
“It’s not about stopping, it’s never the end,” Semenya said. “They didn’t understand what my legal team was saying. It’s not the end, it’s just the beginning of making sure that we fight the right cause. World Athletics is constantly changing its policies. With the new policies, we are forever fighting. We want to make sure that athletes are protected.”
“[The courts are] not necessarily over,” Semenya added. “I’m still yet to decide if we still go on with the courts. I’m still waiting for my legal team to finalize everything.”
Legal battle began in 2018
Semenya was a gold medalist over 800 meters at the 2012 and 2016 Olympics. She was also born with a (DSD), a genetic condition that — in her case — means she has XY (male) chromosomes and produces higher levels of the hormone testosterone than most women.
When she was still competing, World Athletics, then known as the IAAF, introduced rules requiring DSD athletes to reduce their testosterone levels, arguing that their condition gave them an unfair advantage in the female category. But Semenya refused to take drugs to suppress her testosterone.
The ECHR’s verdict was the latest in a , when Semenya took her case to the , claiming the governing body’s policy discriminated against her and violated her human rights.
Both CAS and the Swiss appeals court, the Swiss Federal Tribunal, ruled in favor of World Athletics.
“When you’re born with your differences, those are your differences and they don’t make you a great athlete,” said Semenya, who is now 34. “You are a great athlete through training, hard work, showing up every day, dedication. Not because of your given body.”
‘Weak leadership’ from World Athletics
World Athletics has since modified its DSD regulations, and now , with the organization’s president, , stating in July: “We are saying, at elite level, for you to compete in the female category, you have to be biologically female.”
If an athlete is found to have the SRY gene, which is found on the Y chromosome and triggers the development of male characteristics, they will be barred from competing in the female category.
However, sex testing for non-medical reasons is not permitted in some countries, such as France and Norway, which has caused problems with the implementation of the policy.
“Regulations like this are not safe for the sport,” Semenya said. “It questions the quality of the leaders that we have now. That’s weak leadership because you can’t impose rules that you know are not in favor of some of the nationalities, where in their countries, those are illegal.
“If you’re going to regulate, you have to regulate fairly for everyone. That’s what we need to promote, rather than promoting mediocre. It’s got nothing to do with regulation, it’s about people imposing power over other people.”
Conversation with Imane Khelif
The new World Athletics policy mirrors that of , which has also introduced mandatory sex testing for its competitions. That followed a controversy at last year’s Paris Olympics, when two female boxers, Imane Khelif of Algeria and Taiwan’s Lin Yu-ting, were accused of failing unspecified gender tests in 2022 and 2023.
, contesting the World Boxing regulations, and Semenya revealed that she had been in contact with the Algerian Olympian.
“We had a conversation, I said to her: ‘Look, you have to understand in this world, when something is special, when something is beautiful, people will always criticize,’” Semenya said. “As women who have faced a similar situation, you have to be brave, fight for justice and make sure that you just love yourself for who you are.”
Semenya says she urges any athlete to “fight” if it benefits them, but is under no illusion about the toll her legal battle has had on her.
“It takes the person out of you, it takes vulnerability out of you,” Semenya said. “People will always have an opinion of you. You have to mute your real feelings. You can’t show weakness. It costs you the person that you are.”
Edited by Jonathan Harding
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