Two-time Olympic 800-meter champion Caster Semenya of South Africa did not receive a fair hearing in a court in Switzerland during her legal battle against gender-eligibility rules in athletics, the European Court of Human Rights in Strasbourg has said.
The court's top panel of 17 judges ruled 15-2 that Semenya's rights to a fair hearing had been violated at the Swiss Supreme Court, where she was appealing a ruling by the Court of Arbitration for Sport (CAS) in favor of World Athletics that athletes with naturally elevated testosterone levels cannot compete in women's competition.
Semenya was born with a difference in sex development (DSD) and cannot compete in women's events from 400 meters to one mile without taking medication to reduce her testosterone levels.
Her case should now be returned to the Swiss Federal Court in Lausanne.
The European Court of Human Rights in Strasbourg dismissed other aspects of the appeal filed by Semenja, who was present at the presentation of the verdict.
The court awarded her 80.000 euros in costs and expenses.
The European Court of Justice's ruling does not overturn the World Athletics rule that ended Semenya's career in the 800 meters, a discipline in which she won two Olympic gold medals and three world championship titles.
The key legal point in Semenya's victory was that the Swiss Federal Court failed to conduct a "rigorous judicial review."
The governing bodies of Olympic sports oblige athletes and national federations to bring their disputes before the Court of Arbitration for Sport in Lausanne, the headquarters of the International Olympic Committee.
"The Court, however, considers that the Federal Supreme Court's review did not meet that requirement," the European Court said in a statement.
World Athletics has said during its dispute with Semenya that its rules are fair because the athlete has an "unfair, male athletic advantage due to higher testosterone levels."
Semenya claims that her testosterone levels are a "genetic gift."
Hyperandrogenism is a medical condition characterized by higher than normal levels of testosterone, a hormone that increases muscle mass and strength.
Two years ago, the European Court of Justice ruled in her favor in a case against a Swiss court, finding that she was a victim of discrimination and a violation of privacy.
Bonus video:
