Ling Goh and Juliane Schneider have published an article in LawInSport in which they take Caster Semenya’s case before the European Court of Human Rights (ECtHR) as an opportunity to shed light on the development of a human rights-based approach in women’s sport. After many years of legal battles, Caster Semenya’s case is currently being heard by the Grand Chamber of the European Court of Human Rights in Strasbourg. Since the decision of the International Court of Arbitration for Sport (CAS) five years ago, her case has contributed significantly to the fact that potentially discriminatory sports rules are viewed more closely through the lens of human rights in the academic debate.
The article highlights how human rights are taking on an increasingly important role in the regulation and resolution of disputes in sport, particularly in relation to the participation and inclusion of women in sport. Cases such as those of Dutee Chand and Lia Thomas show how these legal disputes influence the approach to regulating gender equality in sport.
