Revitalising a phantom regime: the adjudication of human rights complaints in sport

West, Daniel

doi:10.1007/s40318-019-00147-6

Cited by 7 publications

(1 citation statement)

References 11 publications

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“…Further, Interaction among stakeholders can significantly impact the results achieved (Harris & Houlihan, 2016). Then, sportspeople must pay close attention to, and of course, the government must also be able to directly embrace human resources in the field (West, 2019). The human resources are proactive with the government, the Department of Youth and Sports (DYS).…”

Section: Elite Sports Policy In Pattern Development Through Sports Ed...mentioning

confidence: 99%

Analysis of Elite Sports Development Patterns through Sports Education

Ramadhan

Paramitha

Ma’mun

et al. 2022

IJEMST

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Elite sports are one of the keys to developing sports as enshrined in the Sports Law. In this law, sport is positioned as an instrument for national development. However, it is more dominated by the sports development paradigm, even though Indonesia's sports achievements have significantly developed in several international sports competitions. It is contributed through the coaching factor through sports training education from an early age under the auspices of sports education at the school level. However, the impact has not been able to influence other aspects of national development more broadly. It has become a gap between what is stated in the Sports Law and practice in the field. Therefore, this research aims to examine the implementation of elite sports policies as part of the Sports Law to realize development through sports. To achieve the objectives of this study, we designed eleven semi-structured interview indicators based on the essence of the elite sports section of the sports law. This study found that the implementation of applied elite sports policies was close to conformity with the sports law. However, on the other hand, there are still shortcomings and inequities in several aspects. Inequality in several aspects occurs due to a lack of understanding of the importance of the role of sport as an instrument of national development. Therefore, the government as a stakeholder must immediately act decisively to deal with the problems. The implications of this research can be considered for evaluating the implementation of policies that will be implemented in the future/

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Section: Elite Sports Policy In Pattern Development Through Sports Ed...mentioning

confidence: 99%

Analysis of Elite Sports Development Patterns through Sports Education

Ramadhan

Paramitha

Ma’mun

et al. 2022

IJEMST

View full text Add to dashboard Cite

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From Sagen to Henriques: Legal Challenges to Olympic Event Selection Decisions and the Role of the Court of Arbitration for Sport

Mazzucco

Findlay

2022

Liverpool Law Rev

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The interests of athletes are a fundamental aspect of the Olympic Movement. Yet, athletes face jurisdictional barriers when attempting to advance their interests and challenge the International Olympic Committee (IOC)’s exercise of authority over the Olympic Movement, including the IOC’s decisions regarding which sport events are included in the Olympic Games. Previous attempts to challenge the IOC’s selection of sport events for the Olympic Games have been unsuccessful in national courts, as seen in the case of Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (“Sagen”) involving women’s ski jumping. Following the outcome in Sagen, academics theorized that athletes might have better success challenging Olympic event selection decisions at the Court of Arbitration for Sport (CAS), as CAS has several jurisdictional advantages over national courts. A recent CAS decision in Henriques v. IOC (“Henriques”), involving the exclusion of women’s 50 km race walking from the 2020 Olympic Games, casts doubt on this approach as CAS dismissed the application due to the lack of an arbitration agreement between the appellants and the IOC. However, the outcome in Henriques should not deter athletes from using CAS to challenge the IOC’s Olympic event selection decisions in future cases. It is arguable that the CAS panel’s reasoning in Henriques did not properly consider how the arbitration clause in the Olympic Charter could form the basis of an arbitration agreement between the appellants and the IOC under Swiss law. Additionally, the CAS panel’s decision in Henriques can be used to inform legal strategies in subsequent disputes to ensure that CAS is able to hold the IOC accountable for Olympic event selection decisions that are discriminatory or otherwise unlawful.

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Gaps in the protection of athletes gender rights in sport—a regulatory riddle

Patel

2021

Int Sports Law J

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This paper examines the regulatory gaps in the protection of athletes’ gender rights in sport. The regulation of human rights in sport is increasingly being scrutinised and at the same time, the societal parameters of sex and gender identity are shifting. Together, these current developments present a regulatory riddle when determining how to balance the interests of sport with the protection of non-conforming athletes’ rights, who may not strictly fit into the binary categories of sport. Despite a strong human rights framework protecting gender rights, the complex relationship between law and sport leaves athletes in a vulnerable position, with limited accountability of sports bodies and restricted access to a legal remedy. Drawing upon existing recommendations, this paper offers original insight for resolving the riddle, such as the establishment of an anti-discrimination in sport unit to enforce human rights in sport.

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Revitalising a phantom regime: the adjudication of human rights complaints in sport

Cited by 7 publications

References 11 publications

Analysis of Elite Sports Development Patterns through Sports Education

Analysis of Elite Sports Development Patterns through Sports Education

From Sagen to Henriques: Legal Challenges to Olympic Event Selection Decisions and the Role of the Court of Arbitration for Sport

Gaps in the protection of athletes gender rights in sport—a regulatory riddle

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