Power imbalance exposed?

08 August 2025 / Dr Estelle Ivanova

Issue: 8128 / Categories: Features , Profession , Sports law , Arbitration , ADR , Regulatory , EU , International , Human rights

The case of Caster Semenya highlights the disadvantages faced by athletes under mandatory sports arbitration systems: Dr Estelle Ivanova sets out the need for greater oversight

The European Court of Human Rights found that Switzerland did not properly scrutinise the sports arbitration ruling against Caster Semenya, violating her right to a fair hearing.
The judgment highlights how athletes face structural disadvantages in mandatory arbitration systems dominated by sports governing bodies.
Switzerland and other jurisdictions may need to strengthen judicial oversight of sports arbitration to protect fundamental rights and maintain trust in global sport.

The Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the long-running case of the South African two-time 800-metre Olympic champion Caster Semenya on 10 July 2025 (Semenya v Switzerland, Application No 10934/21). She challenged the legality of World Athletics Regulations requiring female athletes with differences of sex development (DSD) to reduce their natural testosterone levels in order to compete in certain events.

Her legal journey, from the Court of Arbitration for Sport

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Power imbalance exposed?

The case of Caster Semenya highlights the disadvantages faced by athletes under mandatory sports arbitration systems: Dr Estelle Ivanova sets out the need for greater oversight

The European Court of Human Rights found that Switzerland did not properly scrutinise the sports arbitration ruling against Caster Semenya, violating her right to a fair hearing.
The judgment highlights how athletes face structural disadvantages in mandatory arbitration systems dominated by sports governing bodies.
Switzerland and other jurisdictions may need to strengthen judicial oversight of sports arbitration to protect fundamental rights and maintain trust in global sport.

Her legal journey, from the Court of Arbitration for Sport

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Power imbalance exposed?

MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Excello Law—Heather Horsewood & Darren Barwick

Ward Hadaway—Paul Wigham