Intervention: Semenya v Switzerland (European Court of Human Rights), No. 10934/21, July 11, 2023

Cooper, Jonathan ORCID: 0000-0003-1121-1308 (2023) Intervention: Semenya v Switzerland (European Court of Human Rights), No. 10934/21, July 11, 2023. Entertainment and Sports Law Journal. doi:10.16997/eslj.1490

Preview

Text (Peer-reviewed version) 13025 COOPER Jonathan (2023) Intervention Semenya v Switzerland article.pdf - Accepted Version Available under License Creative Commons Attribution 3.0. Download (231kB) | Preview

Abstract

The recent decision of the European Court of Human Rights in Semenya v Switzerland is a landmark case in the context of sports governance. For the first time, the Court was asked to consider whether sporting regulations restricting the eligibility of legal females with sex variations were compatible with rights to privacy and dignity guaranteed by the European Convention. It was also the first time the Court has been asked to consider violations by sports organisations of substantive human rights, rather than merely procedural ones. In finding in favour of Miss Semenya, the Court has begun to clarify the limits of autonomy that sports governing bodies enjoy when it comes to interferences with human rights. As such, the decision will potentially have consequences beyond regulations targeted at females with sex variations. This article provides a summary and comment on the case.

Item Type:	Article
Article Type:	Article
Subjects:	G Geography. Anthropology. Recreation > GV Recreation Leisure > GV557 Sports K Law > K Law (General)
Divisions:	Schools and Research Institutes > School of Business, Computing and Social Sciences
Research Priority Areas:	Applied Business & Technology
Depositing User:	Jonathan Cooper
Date Deposited:	14 Aug 2023 10:58
Last Modified:	02 Nov 2023 09:23
URI:	https://eprints.glos.ac.uk/id/eprint/13025

University Staff: Request a correction | Repository Editors: Update this record