Intersexuálne športovkyne ako hnacia sila transnacionálnej ochrany ľudských práv.
Intersex sportswomen as a driving force of transnational human rights protection.
Prof. JUDr. Ján Svák, DrSc., Právnická fakulta UK v Bratislave
Právny obzor, 106, 2023, No. 6, pp. 543 – 566.
Published online: 14.12.2023
Abstract. In the case of the intersex sportswoman Caster Semenya, the European Court of Human Rights expanded its jurisdiction in the field of extraterritorial jurisdiction in an extensive manner. In essence, it was an assessment of the criteria for defining separate female and male competitions in athletics. The applicant was a citizen of the Republic of South Africa, the defendant was a civil society organization established under the legal order of Monaco, the arbitration body was a civil society organization established in Switzerland, while the impact of the interference with human rights had a global dimension and was related to the application of the rules of sports competitions in athletics all over the world. By canceling these rules, the European Court not only intervened for the first time in the autonomy of sport to such an extent but opened the door to the transformation of the international regional system for the protection of human rights into a transnational body of this party. The article is critical of the interference in the autonomy of sport and at the same time points to the judicial activism in expanding its extraterritorial jurisdiction.
Key words: human rights, extraterritorial jurisdiction, transnationalization of human rights protection, autonomy of sport
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