The Commission for Gender Equality (CGE) welcomes the Grand Chamber of the European Court of Human Rights judgment in the matter of Semenya v. Switzerland. The CGE Act 39 of 1996, the Constitution of the Republic of South Africa, and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) enjoin the Commission's monitoring role of international instruments, such Convention of Elimination of All Forms of Discrimination Against Women (CEDAW) and Maputo protocols amongst others.
The CGE believes that it is important that State parties intentionally commit to eliminating discriminatory practices against women at all levels of society. This case was a test of how effective these instruments are and how the courts consider them in the advancement of gender equality. CGE has played a critical role in this matter and further lobbied for support both nationally and internationally.
We noted and welcome the judgment as it confirms that a right to a fair trial was infringed. We believe that a fair trial would have vigorously reaffirmed that the regulations are a form of unfair discriminatory practice that violates the right to dignity, equality, and bodily integrity, amongst others. From this ruling, the court succinctly pointed out that the limitation of Semenya’s rights is not based on existing law but rather the regulations of a sporting body. Sporting bodies must develop regulations that seek to promote inclusivity and not discriminate unfairly against any person based on their gender
The CGE would be engaging Athletics South Africa (ASA), South African Sports Confederation and Olympic Committee (SASCOC), the Department of Sport, Arts and Culture (DSAC), and other stakeholders in ensuring Semenya’s rights and that of athletes with Differences of Sex Development (DSD) are allowed to participate in sport both locally and internationally are affirmed. The CGE will continue to heighten activism against the World Athletics regulations that are discriminatory. The CGE will draw lessons from this case and continue to influence and determine how to tackle gender discourse at the national, regional, and international levels.
Enquiries:
Javu Baloyi
Spokesperson
Cell: 083 579 3306
E-mail: Javu@cge.org.za
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