Court ruling highlights the need for rigorous examination of fundamental rights in sport governance disputes, impacting athletes and their governing bodies.
In the case of Semenya v Switzerland, the European Court of Human Rights held that when athletes complain to their sport’s governing bodies regarding regulations that undermine their human rights, which such bodies claim are compatible with substantive public policy, the arbitration or reviewing bodies must rigorously – and not restrictively – examine the breaches of the athletes’ fundamental rights before deciding a case. This decision should result in important changes to the governance of international sport.
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David McQuoid–Mason (2025) studied this question.
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