Righting the Lex Sportiva: The Semenya v Switzerland Case and the Human Rights Accountability of Transnational Private Governance

Open Access
Authors
Publication date 06-2025
Journal European Convention on Human Rights Law Review
Case Number ['10934/21']
Volume | Issue number 6 | 2
Pages (from-to) 238-267
Organisations
  • Faculty of Law (FdR)
  • Faculty of Law (FdR) - T.M.C. Asser Instituut
Abstract First, the ruling clarifies that the jurisdiction ratione personae of the ECtHR in cases extends to Switzerland even in cases involving non-Swiss athletes contesting a decision of an international federation seated outside of Switzerland due to the involvement of the Court of Arbitration for Sport (cas) and the role of the Swiss Federal Supreme Court (fsc) in reviewing its awards. Second, the Court finds that due to several shortcomings in the review of the World Athletics’ dsd Regulations by the cas and the fsc, Switzerland failed to fulfil its positive obligations under the Convention.
Document type Case note
Language English
Published at https://doi.org/10.1163/26663236-bja10122
Downloads
eclr-article-p238_006 (Final published version)
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