Beyond The Playing Field - The Intersection Of Sports & Human Rights
Author: LawSphereX
Category: Constitutional & Human Rights
Published:
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BEYOND THE PLAYING FIELD: THE INTERSECTION OF
SPORTS & HUMAN RIGHTS Muskaan Verma, BBA LLB (Hons.), University School of Law and Legal Studies,
GGSIPU
ABSTRACT
Sports, often heralded as a unifying force, can also become a breeding ground for human rights abuses. This paper delves into the darker side of the sporting world, examining the prevalence of human rights violations within various athletic contexts. From discriminatory practices to labour exploitation and political repression, the paper explores the multifaceted ways in which sports can be weaponized to perpetuate injustice. Through analysing case studies and examining government responses, the paper sheds light on the systemic challenges hindering efforts to protect human rights in the realm of sports. Ultimately, it calls for a more robust and comprehensive approach to addressing these issues, one that goes beyond superficial reforms and tackles the root causes of human rights violations in the sporting world.
I. Introduction
Human rights, as fundamental entitlements that belong to all individuals simply by virtue of being human, are essential to a just and equitable society. They encompass a wide range of rights, including the right to life, liberty, equality, and freedom from discrimination. Sports, as a powerful cultural and social phenomenon, have the potential to both promote and undermine these rights. The Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations in 1948 declares that human rights are universal, to be enjoyed by all people, no matter who they are or where they live. 1 Despite the growing recognition of the importance of human rights in various spheres of life, the relationship between sports and human rights has often been neglected or downplayed.
This oversight is partly due to the tendency to view sports as a purely entertainment-driven activity, devoid of serious social or political implications. This paper seeks to illuminate the ways in which sports can be implicated in violations of human rights, and to explore the challenges and opportunities inherent in addressing these issues. It will examine a variety of case studies from different regions of the world. It will explore how sports can be used to promote discrimination, exploit athletes, and silence dissent. Additionally, the paper will analyse the role of governments, sports organizations, and other stakeholders in addressing human rights violations in the sporting world. II. Review of Literature The intersection of sports and human rights has emerged as a significant area of scholarly inquiry in recent years.
By synthesizing the existing literature, this review explores the primary types of violations, such as discrimination, exploitation, political interference, and violence by examining various case studies that illustrate the real-world consequences of human rights violations in sports.
2.1 Kinds of Human Rights Violation in the Sports Industry
Discrimination: Studies have consistently highlighted the prevalence of discrimination in
1 Universal Declaration of Human Rights. G.A. Res. 217A(III), U.N. Doc. A/RES/217 (Dec. 10, 1948).
sports, including racial, gender, and LGBTQ+ discrimination. The gender discrimination in the athletics industry has long been a controversial topic. The recognition of sports and physical activity as human rights by UNESCO in 1978 is just one step towards the lengthy journey towards gender equality in sports. Several women have led and are leading the road towards gender equity in athletics despite the challenges faced by women in this field. 2 Exploitation: The exploitation of athletes, particularly in developing countries, has been a recurring theme in the literature. Studies have exposed forced labor, child labor, and unfair contract terms in the sports industry. Political Interference: Political interference in sports has been a concern in many countries. Studies have examined how governments have used sports for political gain, often at the expense of athletes' rights.
For example, In India, sports federations and associations operate in a distinctly political fashion, often featuring office bearers who are either politicians or businessmen. Violence and Abuse: Violence and abuse in sports, both on and off the field, have been documented in numerous studies. Research has highlighted the prevalence of physical and sexual abuse, particularly in youth sports. Athlete violence has come to light as a result of recent media reports, criminal investigations, and legal actions. The Larry Nassar case, involving the former doctor for USA Gymnastics, has received the most media attention. Over the course of his multiple-decade career as a medical practitioner in several sports, it is estimated that he sexually abused over 500 people. 3 2. 2 Recent Incidents & Statistics Numerous incidents have highlighted human rights violations within the sporting industry.
The recent case of Imane Khelif, a cisgender Algerian boxer who won gold at the Paris Olympics, has highlighted human rights violations in sports. After her match with Italian boxer Angela Carini, who quit due to safety concerns, online comments accused Khelif of having an unfair advantage because she was a biological male. Despite this harassment, many, including the
2 Dr Vishwas M. Deshpande, Gender Discrimination in Sports, 3 IJPESH 545, 545-547 (2016).
3 Stephanie J. Dallam, et al. Interpersonal Violence in Elite U.S. Athletes
Prevalence and Mental Health Correlates, 33(9) Journal of Aggression, Maltreatment & Trauma, 1135–1153 (2024).
International Olympic Committee, supported Khelif's participation. 4 The bullying and harassment Khelif endured underscores the harm that can be inflicted on athletes due to human rights violations. The IOC in its statement claimed that it is committed to protecting the human rights of all athletes participating in the Olympic Games as per the Olympic Charter, the IOC Code of Ethics and the IOC Strategic Framework on Human Rights. Additionally, that every person has a right to practice sport without discrimination. However, the online harassment of an athlete is not new. In a study of online abuse directed toward athletes on Twitter during the 2020 Tokyo Olympics Games, female athletes were the targets of 87% of abuse. 63% of identified abuse was directed at just two athletes- both black and female.
5 The World Players Association's 2021 Census of Athlete Rights Experiences (CARE) found that 21% of female respondents experienced some form of sexual abuse at least once as a child in sports. 6 Children are particularly vulnerable to abuse in sports, and coaches and instructors often take advantage of this vulnerability to groom and abuse them. 7 A study by the Independent Inquiry into Child Sexual Abuse found that out of 3,939 survivors of sexual abuse who came forward between June 2016 and March 2020, 64 described sexual abuse that took place in a sporting environment, and 91% of those 64 reported being sexually abused by a sporting coach or volunteer. 8 In India, human rights violations in sports are widespread and undermine the constitutional guarantees of fundamental rights and Directive Principles of State Policy.
Between 2010 and 2020, the Sports Authority of India (SAI) received 45 complaints of sexual harassment, with most of them targeting coaches. 9 Despite these allegations, the accused often face minimal or no consequences.
4 Amber Purewal, Imane Khelif’s Case Exposes Deep-Rooted Discrimination in Sports, SPHERES OF
INFLUENCE (Sep. 13, 2024, 17:11 IST) https://spheresofinfluence.ca/imane-khelifs-case-exposes-deep-rooteddiscrimination-in-sports/.
5 Michelle Sammet, World Athletics publishes Online Abuse Study covering Tokyo Olympic Games, WORLD
ATHLETICS (Nov 25, 2021) https://worldathletics.org/news/press-releases/online-abuse-study-athletes-tokyoolympic-games.
6 World Players Association, Census of Athlete Rights Experiences (CARE) (2021).
7 Id. at 33.
8 The Report of the Independent Inquiry into Child Sexual Abuse, IICSA (2022).
9 Dolly Chingakham, Actions Taken in Sportspersons’ Sexual Harassment Allegations in India, INDIA TODAY (Jan 20, 2023, 17:22 IST), https://www.indiatoday.in/india/story/actions-taken-in-sexual-harassment-allegationsby-sportspersons-in-india-2324194-2023-01-20.
The sports industry in India is highly patriarchal, with a significant power imbalance between male and female athletes and between athletes and officials. In January 2023, 30 Indian wrestlers, including Olympic medalists, protested against the president of the Wrestling Federation of India (WFI) and its coaches, accusing them of sexual harassment. 10 Despite government promises of a fair investigation, the wrestlers resumed their protest in April 2023 due to dissatisfaction with the investigation conducted by the Internal Complaints Committee (ICC), established under the Sexual Harassment of Women at Workplace (POSH) Act. 11 The ICC's report was not made public, and the implementation of laws like the POSH Act and the Protection of Children from Sexual Offenses (POCSO) Act12 within the sports sector remains ineffective.
The research gap lies in the ineffectiveness of existing grievance redressal mechanisms, which leave many athletes without adequate protection or recourse. Additionally, the deeply entrenched power imbalances within the sports ecosystem exacerbate the vulnerability of young athletes, particularly women, to exploitation and abuse. This gap underscores the need for a thorough examination of these systemic issues, as the failure to address them perpetuates the cycle of abuse and represents a critical human rights concern that demands urgent attention and action. III. Research Methodology This study will employ a doctrinal research design to explore the intersection of sports and human rights in the international as well as Indian context. A qualitative approach is suitable for this topic as it allows for an in-depth exploration of complex issues and provides rich, contextualized data.
Given the sensitive nature of the topic and the challenges of primary data collection, this research will rely exclusively on secondary sources. This approach will allow for a comprehensive overview of the issue without compromising the safety and well-being of potential participants. IV. Analysis Sexual abuse in sports is a global issue that has cast a long shadow over the world of athletics.
10 Pogula Bhavani, Wrestlers Protest In India
For Justice, 2(4) JLRJS 276, 275-285 (2023).
11 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14, Acts of Parliament, 2013 (India). 12 The Protection of Children from Sexual Offences Act, 2012, No. 32, Acts of Parliament, 2012 (India).
While it is a problem that afflicts many countries, the response, and initiatives to address it vary significantly across diverse cultures and societies. 4. 1 International Standpoint: The Larry Nassar Scandal and the Birth of the Safe Sport Act The world of sports has been marred by numerous instances of sexual abuse, with both developed and developing countries experiencing their share of scandals. These cases have highlighted the vulnerabilities of young athletes and the systemic failures that allowed abuse to flourish. The Larry Nassar case stands as a harrowing chapter in the history of sports, exposing a systemic failure to protect young athletes. Nassar, a former USA Gymnastics and Michigan State University doctor, perpetrated a decades-long reign of sexual abuse under the guise of medical treatment.
His victims were predominantly young female gymnasts, whose trust was utterly betrayed. 13 The extent of Nassar's mistreatment was astounding. Numerous girls and women came out to share the horrific experiences they had. Nassar's method of operation comprised of administering intrusive "medical treatments" that were acts of sexual abuse. These teenage athletes suffered from unfathomable psychological and mental pain. In addition to helping Nassar face justice, the bravery of the people who came forward to tell their stories started a national dialogue about sexual abuse in sports. Their testimony sparked a wave of public indignation that called for structural reform. 14 In response to the overwhelming evidence of abuse and the public outcry, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, which established the Safe Sport Act.
15 The U. S. Centre for SafeSport was established by the Safe Sport Act to protect amateur athletes from mistreatment in sports. It acted as an autonomous national safe sports organization and had jurisdiction over national governing bodies, the United States Olympic and Paralympic Committee, and each Paralympic sports organization. The act brought forth a major change in
13 Lauren Smith & Ann Pegoraro, Media Framing of Larry Nassar and the USA Gymnastics Child Sex Abuse
Scandal, 29(4) Journal of Child Sexual Abuse 376, 373-392 (2020).
14 Shaun Star & Trusha Modi, From Allegations to Action
Reforming Policies to Combat Sexual Harassment in Indian Sports, EPW, (Dec 2, 2023), at pg. 23. 15 Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act. Pub. L. No. 115-56, 131 Stat.
1043 (2017).
favour of safer athletic environments. 4. 2 International Olympic Committee The IOC appointed a head of human rights, started creating a human rights section, and ordered independent experts to develop recommendations for an IOC human rights strategy in 2019. Additionally, the IOC matched human rights norms with its gender equality plan. Numerous recommendations made by independent experts are addressed in the IOC's Strategic Framework on Human Rights, which was released in September 2022. 16 In a similar vein, the IOC is expected to assist National Olympic Committees and International Federations in their efforts to advance human rights compliance. In this regard, the IOC Consensus Statement on Harassment and Abuse in Sport and a Tool Kit provide sports organizations with precise guidelines.
Some sporting organizations have created and implemented their own rules after being inspired by the Tool Kit. 4. 3 FIFA The Fédération Internationale de Football Association (FIFA) is the governing body of soccer worldwide. Founded in 1904 and headquartered in Switzerland, FIFA organizes the FIFA World Cup, the most prestigious international football tournament. In recent years, FIFA has recognized the importance of addressing human rights issues within the sport and established the FIFA Human Rights Advisory Board in 2017. 17 This independent board, composed of international experts, oversees human rights concerns such as player detention and sexual assault. 18 The Court of Arbitration for Sport (CAS) handles disputes between FIFA and its associated members.
The IOC and FIFA are influential international organizations that govern sports, but they have limitations in addressing human rights issues. While they can issue punishments for internal violations, they lack the power to deal with serious abuses like slavery and murder. Both 16 Centre for Sport and Human Rights, The Centre Welcomes the International Olympic Committee Approval of the Strategic Framework on Human Rights, SPORTS AND HUMAN RIGHTS NEWS (Sept 9, 2022) https://www. sporthumanrights. org/. 17 FIFA Human Rights Advisory Board, Third Report By the FIFA Human Rights Advisory Board, BUSINESS & HUMAN RIGHTS RESOURCE CENTRE (2019), https://inside. fifa. com/aboutfifa/organisation/committees/news/fifa-human-rights-advisory-board-provides-closing-report.
18 Id. at 8
organizations have faced criticism for not doing enough to address human rights concerns, and conflicts of interest can hinder their effectiveness. To effectively address human rights issues in sports, the international community needs to work together with the IOC and FIFA. 4. 4 India: A Developing Landscape The Indian Olympic Association (IOA), which is autonomous and has state IOAs and several sports federations as members, and the Ministry of Youth Affairs and Sports are the two main organizations in charge of overseeing sports in India. Sports that are not Olympic, like cricket, have their own governing organizations and are closely linked to their parent international organizations. All things considered, many empires, each with a patriarchal, hierarchical, and feudal organizational structure, control the sports globe.
This also implies that implementing general regulations, whether they have an effect on how these entities operate or on the sport and its participants, is difficult. The term ‘workplace’ in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013 is broadly defined and also liberally interpreted by the judiciary. According to Section 2(o)(iv) of the Act, “any sports institute, stadium, sports complex or competitions or games venue, whether residential or not used for training, sports or other activities relating thereto” is a workplace. 19 The workplace is the Act’s central term. The terms ‘employer’ (Section 2(g)) and ‘employee’ (Section 2(f)) are defined in relation to it. An employer is a person in charge of the “management, supervision, and control” of the workplace.
The employer is liable to form an Internal Committee (IC) for the workplace. India’s various sports federations and other governing bodies are employers concerning sports facilities, venues for competitions and events, hostels, and games villages, to name a few workplaces in sports. Therefore, as per the law, these employers are obligated to establish an IC to investigate and inquire into sexual harassment allegations made by athletes and sportspersons. 20 There are legislations and sport-specific policies for the protection of athletes against sexual abuse and harassment. The two means of investigation are the internal investigations conducted
19 See supra note 11
20 Ungender, Sexual Harassment in Sports in India. UNGENDER BLOG (Jul 8, 2021),
https://www. ungender. in/sexual-harassment-in-sports-in-india/. through National Sports Federations or ICC and the external investigations by police under the IPC or Protection of Children from Sexual Offences Act (POSCO) 2012. To establish regulations at the national level, the Ministry of Youth Affairs and Sports introduced the National Sports Development Code, 2011 (Sports Code) in 2011. The code emphasizes the need for good governance procedures and includes anti-sexual harassment measures. Furthermore, in compliance with the International Olympic Committee (IOC) Charter, the Indian Olympic Association (IOA) has put into effect the IOA Safe Sport Policy, which states that harassment and abuse are policy violations that are subject to disciplinary action.
Despite existing policies and legal provisions on protecting and investigating sexual harassment and abuse complaints in sports, implementation and enforcement remain a challenge. In addition, many incidents of sexual harassment in sports are unreported which may be due lack of transparency and power dynamics. Further, the redressal and grievance provisions that have so far been instituted to take up the complaints of sexual abuse in sports have been ineffective and have instilled zero confidence in especially women to come out and report their abuse. 21 V. Findings Power Imbalances: A power imbalance is a disparity in the amount of resistance on the part of some social actor (e. g. , athlete, assistant or mentee coach), which potentially can be overcome by another actor.
The power imbalance is the basis of an instigator-target relationship and occurs when one social actor has control over the strategic and valuable resources the other actor depends on. Power imbalances within the sports industry can create a fertile ground for human rights violations. Athletes, particularly those in lower-tier sports or developing countries, often find themselves in a vulnerable position relative to sports organizations, governments, and sponsors. This imbalance of power can lead to a range of abuses, including exploitation, discrimination, abuse and censorship. In 2021, an independent report on New Zealand Gymnastics22 also found that complaints of psychological and physical abuse were not made as the victims feared retaliation or feared the 21 Jagmati Sangwan, Sports Women and the Issue of Sexual Harassment, PEOPLES DEMOCRACY (Feb 5, 2023), https://peoplesdemocracy.
in/2023/0205_pd/sports-women-and-issue-sexual-harassment.
22 Davide Howman, et.al. Independent Review of Gymnastics New Zealand, GYMNASTICS NEW ZEALAND,
(Feb 10, 2021), https://www. gymnasticsnz. com/wp-content/uploads/2021/02/Gymnastics-New-Zealand- Independent-Report-10-February-2021. pdf. process as being damaging to the wellbeing of the child. This power imbalance is one of the key challenges to address when conducting an investigation. Therefore, even when organisations do investigate (which is not always the case) affected people face significant risks of additional harm and re-traumatisation if it is not done in a safe and effective way. Underreporting: The underreporting of human rights violations in sports remains a pervasive issue. Athletes may be deterred from reporting abuses due to fear of retaliation, lack of trust in authorities, societal pressures, language barriers, or legal and economic constraints.
To address this challenge, it is imperative to establish safe and confidential reporting mechanisms, foster trust between athletes and relevant institutions, enhance awareness of athlete rights, provide comprehensive support to victims, and address the systemic factors that contribute to underreporting. Lack of Governance and Accountability: The lack of effective governance and accountability in sports can create a fertile ground for human rights violations, despite the existence of relevant legislation. Weak enforcement, conflicting interests, limited oversight, cultural factors, and the global nature of sports can all contribute to this gap. To address these challenges, it is essential to strengthen enforcement mechanisms, promote independent oversight, address conflicting interests, challenge harmful cultural norms, and enhance international cooperation. VI.
Recommendations Preventing sexual abuse in sports is important to create a healthy environment for athletes as well as attracting new talents. Sexual abuse and its allegations defeat the confidence of aspiring athletes. The right to be free from sexual abuse in their workplace extends to sportspersons as well. The case is all the more alarming in the case of young athletes who may be minors. The following measures can be adopted to prevent sexual abuse in sports: Sensitizing athletes and other stakeholders: The athletes shall be sensitized about the tactics of sexual perpetrators such as emotional manipulation, testing of transgression into physical boundaries, and the threat or use of dominant power of the perpetrator – for example being a coach or administrator - to coerce athletes into sexual activities.
They need to be made aware of such tactics in order to nip in the bud any sexual advances against the consent of athletes and set boundaries right. The other stakeholders like coaches, supporting staff, etc. shall also be sensitized about boundaries in relations with athletes.
Reporting mechanisms:The sports facilities shall have in-house mechanisms for the timely reporting of sexual abuse. The facilities shall not be working to dismiss the concerns of athletes altogether, but rather to facilitate a safe place for the athletes to open up. They should take up independent investigations into the allegations and dispose of the complaints, and shall take appropriate remedial measures and forward complaints to legal authorities. The authorities can also take up anonymous reporting systems to reduce the risks to athletes. Zero tolerance policy: The sports authorities shall ensure to implement a zero-tolerance policy towards sexual abuse. All stakeholders must be made aware that sexual abuse of any kind will have dire consequences. Measures such as permanently banning sexual abusers from sports, in addition to legal actions, shall be adopted. VII.
Conclusion
This research has examined the complex intersection between human rights and sports, highlighting the ways in which sports can be both a platform for promoting human rights and a site of human rights violations. By analysing key case studies, theoretical frameworks, and international legal instruments, the paper has identified several factors that contribute to human rights abuses in sports, including power imbalances, commercialisation, cultural and societal factors, and lack of governance and accountability. While the sporting world has progressed in addressing some human rights issues, significant challenges remain.
To ensure that sports are truly a force for good, it is essential to strengthen human rights protections within sports organisations, promote athlete empowerment, and enhance international cooperation in order to create a more equitable and just sporting landscape that respects the human rights of all athletes and stakeholders.