Minister of Sport, Arts and Culture Gayton McKenzie has expressed his support for the recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) involving Caster Semenya.
This ruling upheld a 2023 decision by the ECHR’s lower chamber, which found that Semenya was denied a fair and effective hearing by the Swiss Federal Tribunal.
This was part of the two-time Olympic champion’s seven-year legal battle against the eligibility rules in track and field.
Violated
On Thursday, the court’s 17-judge panel ruled in a 15-2 vote that Semenya’s rights to a fair hearing were violated at Switzerland’s Supreme Court, where she had appealed a decision by the Court of Arbitration for Sport in favour of World Athletics.
The Department of Sport, Arts and Culture (DSAC) believes that the decision marks a critical moment in the long-standing battle for the dignity and human rights of female athletes with differences of sexual development.
“Caster, we as South Africa have always stood by you, and we will continue to do so as the fight for your bodily rights continues,” the Minister said.
From the outset, the department said the South African government stood firmly behind Semenya.
“Through the current DSAC and the former Department of Sport and Recreation, a coordinated and multi-sectoral response was established that included expert panels in the legal, medical, and advocacy spheres.
“The department also launched the #NaturallySuperior campaign to mobilise public awareness and international solidarity, highlighting that Semenya’s natural talents should be celebrated rather than policed.”
Legal efforts
DSAC committed financially in support of Athletics South Africa’s legal efforts with Semenya and further engaged with the Department of International Relations and Cooperation to elevate the matter internationally, leading to a strong resolution on the matter at the United Nations Human Rights Council.
“This resolution condemned the current regulations against her as a violation of bodily integrity, equality, and freedom from cruel or degrading treatment.”
While the recent ruling has not overturned these discriminatory regulations, it is an important legal and moral victory, which opens new legal avenues and affirms the right of athletes such as Semenya to be heard on just and equal terms.
DSAC said it will continue working with Athletics South Africa, legal experts, and other African governments and federations to pursue justice through all available channels, including within the structures of World Athletics.
“Caster Semenya has become the face of defiance against injustice in global sport, and this court victory is a victory for every African child. South Africa is proud of her, and we will walk every step of this journey with you, Caster, until justice is not only seen, but felt,” said McKenzie.
“We can’t wait to see you running again,” he added.
Meanwhile, the Commission for Gender Equality (CGE) said they have noted the judgment handed down by the ECHR.
“The Commission is still studying the judgment. A formal statement on our position will be released in due course,” the statement read.
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