SA still fighting for Caster Semenya’s Olympic participation,turns to European Human Rights court.

By Lehlohonolo Lehana.

The Portfolio Committee on Sports, Arts and Culture held a meeting on Tuesday and one of the matters discussed was Caster Semenya, as the Tokyo Olympics looms.

The 800m World Champion is still unable to compete professionally as her bid to overturn the drug-hormone rule was unsuccessful.

According to a statement, Semenya will be brought before the European Court of Human Rights on appeal and papers will be filed in March.

Athletics South Africa President, Aleck Skosana said Semenya have not been included in South Africa’s provisional Olympic squad because of this.

The Chairperson of the committee, Beauty Dlulane, reiterated the committee’s support for Ms Semenya. She said most countries would like to see Ms Semenya participate in the Games, an aspiration that is being frustrated by “rules and guidelines”.

She added: “We are concerned that this has affected Caster’s preparation. This issue of rules unjustly disadvantages Caster and denies her rights to participation and qualification, and the committee’s view is that those rules are unfair.”

Dlulane said in a world that is still grappling with inclusiveness and human rights transgressions it is only fair that Ms Semenya be allowed to race in her favourite 800m distance. Athletics South Africa told the committee that it has received support from Sweden and it is hopeful that Ms Semenya will win her appeal.

The committee noted the challenges with team preparation, funding and Covid-19 plans.

In a statement after the Swiss ruling in September, World Athletics said: “For the last five years World Athletics has fought for and defended equal rights and opportunities for all women and girls in our sport today and in the future.

“We therefore welcome today’s decision by the Swiss Federal Tribunal to uphold our DSD regulations as a legitimate and proportionate means of protecting the right of all female athletes to participate in our sport on fair and meaningful terms.”

The Swiss Supreme Court said: “Fairness in sport is a legitimate concern and forms a central principle of sporting competition. It is one of the pillars on which competition is based.

To be able to compete, she would have to run a qualifying time of 22.80 seconds, although her current best is 23.49secs.

A statement from Semenya’s lawyers Norton Rose Fulbright said: “Whilst the timeline of the application remains to be determined by the court, Caster remains ever hopeful that she will soon be allowed to return to the starting line in the 800m at international competitions. “

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