Semenya v. Switzerland GC: Grand Chamber Judgment Expands Swiss Federal Tribunal’s Role in Protecting Human Rights in Sports

After two years of the Chamber judgment rendered by the European Court of Human Rights (ECtHR), the Grand Chamber of the ECtHR delivered its final judgment of Semenya v. Switzerland (App no. 10934/21) on 10 July 2025. The Chamber judgment found violations of procedural aspects of Article 14 in conjunction with Article 8, as well as Article 13 of the European Convention on Human Rights (ECHR). In contrast to the Chamber judgment, the Grand Chamber found a violation of Article 6(1) ECHR due to the lack of a fair hearing caused by the limited scope of judicial review exercised by the Swiss Federal Tribunal (SFT) under Article 190(2)(e) of the Swiss Private International Law Act (Swiss PILA). Furthermore, it declared the applicant’s claims under Article 14 in conjunction with Article 8, as well as Article 13 ECHR, inadmissible. This landmark decision is expected to significantly impact the Swiss legal system, as it places a positive obligation on Switzerland to adopt a broader interpretation of Article 190(2)(e) Swiss PILA in order to ensure the protection of substantive human rights within the framework of sports arbitration and the Swiss legal system.