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Power imbalance exposed?

© Copyright LexisNexis 2026. All Rights Reserved.
08 August 2025 / Dr Estelle Ivanova
Issue: 8128 / Categories: Features , Profession , Sports law , Arbitration , ADR , Regulatory , EU , International , Human rights
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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

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