Protecting human rights in sport: is the Court of Arbitration for Sport up to the task? A review of the decision in Semenya v IAAF

Cooper, Jonathan

doi:10.1007/s40318-023-00239-4

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2024

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The Court of Arbitration for Sport under Human Rights Scrutiny: The Role of the Swiss Federal Tribunal and the European Court of Human Rights

Duval,

Viret

2024

Interdisciplinary Studies in Human Rights

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This chapter sets out to map how human rights (and more specifically, the ECHR) have been applied by the Swiss Federal Tribunal (SFT) and the European Court of Human Rights (ECtHR) to the CAS and its awards. It is based on a comprehensive review of the decisions of both courts related to the CAS. In doing so, the chapter traces the morphing role of the ECHR as a normative resource to check the CAS’ judicial authority. Section 2 is dedicated to analyzing more than 20 years of the SFT’s case law on appeal against CAS awards, and to showing how the supreme court of Switzerland has been conferring (limited) relevance to the ECHR in the framework of this control. Section 3 provides an analysis of the more recent case-law of the ECtHR on the compatibility of the CAS and its awards with the ECHR.

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