Who Is Responsible for Ensuring Human Rights in Global Sport? Takeaways From the ECtHR’s Judgment in Semenya v. Switzerland

<p dir="ltr">In Semenya v. Switzerland, the European Court of Human Rights (ECtHR, the Court) has weighed in on the issue of sex testing in sport. The decision comes after a series of legal proceedings in Switzerland, initiated by athletes affected by global rules governing ‘female eligibility’ in the sex-segregated sport of track and field. While these athletes, along with various advocacy organizations, have consistently asserted that such rules violate international human rights norms, the ECtHR’s decision offers the first judicial assessment of the rules’ compliance with international human rights law, particularly as codified in the European Convention on Human Rights (ECHR, the Convention). The Court’s decision, finding violations of the Convention based on Switzerland’s failure to provide sufficient institutional and procedural safeguards to an athlete affected by female eligibility rules, offers some (partial) answers to the question of who is responsible for ensuring human rights in global sport. I discuss these implications, focusing on the role of the judicial authorities most likely to hear complaints of human rights abuses in international sport, as well as the role of other expert entities in connection with these judicial processes. In the transnational realm of sport, responsibility is shared in unique ways, brought to light in the ECtHR’s recent decision.</p>