Caster Semenya’s victory at the European Court of Human Rights (ECHR) raises “serious questions” for World Athletics, the South African athlete has said..

The ECHR ruled by four votes to three that the double Olympic 800m champion’s original appeal against World Athletics regulations requiring female athletes with high natural testosterone levels to take drugs to lower it, had not been properly heard by the Swiss Federal Tribunal.

The court criticised the process followed rather than the verdict reached.

Semenya, 32, is an athlete with XY chromosomes and differences in sexual development (DSDs). She has a condition known as hyperandrogenism, which is characterised by higher than usual levels of testosterone, a hormone that increases muscle mass and strength, and the body’s ability to use oxygen.

She has been fighting the regulations put in place in May 2019 which force her to medically lower her testosterone levels in order to compete.

Her last international championships successes were the previous year, taking gold in the 800m and 1500m at the Commonwealth Games, and the 400m and 800m at the African Championships.

“I am elated at the outcome of the ruling. It has been a long time coming,” Semenya said in a statement on Wednesday. “I have and will always stand up for discrimination of any kind in sports. I have suffered a lot at the hands of the powers that be and have been treated poorly.

Caster Semenya. (Photo: Lukas Schulze/Getty Images)

“The hard work that I have put in to being the athlete I am, has been questioned. My rights violated. My career impacted. All of it so damaging. Mentally, emotionally, physically and financially.”

Reuters understands the Swiss government intends to refer Tuesday’s ruling to the ECHR Grand Chamber for review. That process could take up to two years.

“Justice has spoken but this is only the beginning,” Semenya said.

“My case at the European Court of Human Rights was against the ruling handed down by the government of Switzerland, and not World Athletics itself, but this decision will still be significant for all sportspersons in throwing doubt on the future of all similar rules.

“My hope is that World Athletics, and indeed all sporting bodies, reflect on the statements made by the European Court of Human Rights and ensure that they respect the dignity and human rights of the athletes they deal with.”

World Athletics said it stood by its rules.

“As the global governing body of athletics, we must and do consider the human rights of all our athletes,” it said. “Sport regulations by their very nature restrict people’s rights. When those rights are in conflict, it is our duty to decide if that restriction justifies the aim, which in this case is to protect female sport.

© AAP