In Semenya v Switzerland, the European Court of Human Rights found that Switzerland violated Caster Semenya’s right to a fair hearing by failing to rigorously review a Court of Arbitration for Sport (CAS) ruling that upheld discriminatory testosterone regulations. Dr Estelle Ivanova of Valloni Attorneys at Law examines the ruling, in which the court criticised the structural imbalance in international sports arbitration where athletes face mandatory arbitration under rules set by powerful governing bodies, in this week's NLJ
The court held that states must apply heightened judicial scrutiny when civil rights of fundamental importance are at stake. The ruling pressures Switzerland—and potentially other jurisdictions—to reform their oversight of sports arbitration.
It also raises broader questions about the legitimacy of CAS and the need for procedural safeguards to protect athletes’ rights in a system dominated by regulatory authorities.
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Categories:
Legal News
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Sports law
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Arbitration
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Regulatory
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Human rights
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EU
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International
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