A review of the legitimacy of discrimination in international sports law
Paper ID : 1893-SSRC-13TH
Authors
Mohammad Javad Motaharifar *
دکتری حقوق بین الملل دانشگاه تهران
Abstract
One of the requirements of participation in sports is the familiarity of athletes with the regulations mentioned in the field of sports. These rules can generally be reviewed in three branches: preventive laws, protective laws and punitive laws. Preventive laws are provisions aimed at preventing sports crimes or violations or prohibiting certain activities or actions in the field of sports. Prohibition of discrimination in accordance with paragraph 22 of Article III of the Statutes of the National Olympic Committee is among these laws.
The principle of non-discrimination is one of the fundamental principles emphasized by all types of schools of thought throughout history and the human rights system, so that the Charter of the United Nations in paragraphs 3 of Article 1, the Universal Declaration of Human Rights in various articles, as well as articles 2 and 26 emphasize this basic principle. Regional documents such as the European Convention on Human Rights, the European Social Charter, the American Convention on Human Rights and specifically the UNESCO Convention against Discrimination in Education, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of Discrimination Against Women have also addressed the principle of non-discrimination. Observance of human rights issues in the field of sports was also accelerated, and in 1985, the International Convention against Sports Apartheid was ratified.
Discrimination in sports can have a Negative and positive effect, for example, granting a license to use a prosthetic leg for a disabled athlete is a positive discrimination that paves the way for more people to participate in sports activities. In contrast, adherence to religious beliefs such as muslim dress or Indian Sikhs has deprived athletes of equal opportunity. Discrimination in creating equal opportunity to participate in certain sports, discrimination in the coverage of women's and disabled sports, discrimination in pay and bonuses, discrimination in sponsorship and contracts are among the most prominent examples of gender discrimination. Discrimination in the enjoyment of educational opportunities, discrimination in access to sports facilities for certain races or minorities are other instances of discrimination.
Keywords
discrimination - human rights -International Sports Law
Status: Abstract Accepted (Poster Presentation)