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SAHRC joins Semenya case to make submissions on 'discriminatory effect' of rules

3 September 2021 4:11 PM
Tags:
Caster Semenya
European Court of Human Rights
SAHRC
World Athletics
Semenya

Midday Report host Mandy Wiener chats to SAHRC commissioner Andre Gaum about their involvement in the Caster Semenya court case.
  • The SA Human Rights Commission will be intervening in Caster Semenya's court challenge at the European Court of Human Rights
  • It's the first time in history that the commission is involved in human rights litigation in an international forum

Olympic 800m gold medallist Caster Semenya at the Top Women Conference in Johannesburg on 14 August 2019. Picture: Kayleen Morgan/Eyewitness News.

The South African Human Rights Commission (SAHRC) will be giving input in the court battle between track star Caster Semenya and the Court of Arbitration for Sport (CAS).

SAHRC commissioner Andre Gaum says the commission applied to the European Court of Human Rights (ECHR) to join the case.

It has been granted leave to intervene as a third party in the matter.

This case marks the first time that the commission is involved in human rights litigation in an international forum, and also the first known occasion that the ECHR has granted leave to intervene to an African human rights institution.

Semenya is challenging the World Athletics regulations forcing her to lower her natural testosterone levels through hormone treatment in order to be eligible to compete as a woman

Gaum says the SAHRC will make submissions to the ECHR whicH demonstrate the discriminatory effect of the regulations "on the intersecting grounds of race and gender".

The commission will also argue that the regulations are in breach of the European Convention on Human Rights.

We motivated why we can make a unique contribution to the case. It is that application that has now been successful.

Andre Gaum, Commissioner - SA Human Rights Commission

This will be the very first time that the commission is involved in human rights litigation in an international forum and also the first known occasion that the euro court has granted leave to intervene to an African human rights institution.

Andre Gaum, Commissioner - SA Human Rights Commission

We regard this case as one of the most important gender equality cases in history, which is one of the reasons we are involved.

Andre Gaum, Commissioner - SA Human Rights Commission



3 September 2021 4:11 PM
Tags:
Caster Semenya
European Court of Human Rights
SAHRC
World Athletics
Semenya

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