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Abstract
ABSTRACT This article analyses the case of athlete Caster Semenya before the European Court of Human Rights through the lenses of queer legal theory and intersectional feminism. It seeks to challenge the social and medical assumptions, categories, and tendencies regarding sex and gender embedded in sports law, particularly in female athletics. Furthermore, it examines the eligibility regulations for female classification in international competition as gendered and racialised norms, which have thus far been applied exclusively to women; specifically to women with variations in sex characteristics, particularly those who do not conform to Western standards of femininity. This study looks at the European Court of Human Rights’ role in Semenya’s case and questions how queer and intersectional views would have influenced its assessment of whether the review carried out by the Court of Arbitration for Sport and the Swiss Federal Supreme Court satisfied the requirements of the European Convention on Human Rights. By critically examining the outcome of this case, this paper reflects on its impact on international female athletics and the human rights legal framework.
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