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limitations must therefore be proportionate, meaning that, when several types of
limitations may be imposed, the least restrictive measures must be taken.
38. Accordingly, limitations of the right to participate in sports on the basis of
certain interpretations of morality and public order are to be carefully analysed to
ensure that they meet the above-mentioned threshold and that less restrictive
measures have been taken before the participation in sports of certain persons is
effectively limited.
39. Under article 19 of the International Covenant on Civil and Political Rights, the
right to freedom of expression may be subject to certain restrictions that are provided
by law and are necessary for the respect of the rights or reputations of others, or for
the protection of national security or of public order, or of public health or morals.
Under article 20, any propaganda for war, as well as any advocacy of national, racial
or religious hatred that constitutes incitement to discrimination, hostility or violence,
is prohibited by law. The Rabat Plan of Action on the prohibition of advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence (A/HRC/22/17/Add.4, appendix) provides insightful guidance on
how to protect and promote the right to freedom of opinion and expression while
combating discrimination and incitement to hatred. The Special Rapporteur stresses
that art, and the use of symbols such as flags, uniforms, signs and banners, are
legitimate forms of expression that may be restricted only in rare cases, as set out
above.
40. Under article 4 of the International Convention on the Elimination of All Forms
of Racial Discrimination, States, with due regard to the principles embodied in the
Universal Declaration of Human Rights, shall declare an offence punishable by law
all dissemination of ideas based on racial superiority or hatred, incitement to racial
discrimination, as well as all acts of violence or incitement to such acts against any
race or group of persons of another colour or ethnic origin, and also the provision of
any assistance to racist activities, including the financing thereof.
41. These various texts establish the parameters for defining possible limitations of
the right to participate in sports, and for setting the rules that may limit hate speech
and calls for violence by fans and others in the field of sports.
42. Rules that limit participation in sports for safety and security reasons, for
example by limiting the number of audience members, or the acceptable clothing for
players to avoid injuries, should also be established by public authorities and sports
bodies with the same human rights threshold in mind, and be revised on a regular
basis to ensure that they continue to serve a legitimate aim and are strictly necessary
for the promotion of general welfare.
43. Participation in sport is a right. It is proclaimed by some as a “privilege” on the
basis that sports governing bodies set eligibility criteria for the participation of
athletes or officials in competitive sport pathways and that, at grass -roots levels,
access is also managed by relevant local clubs and associations. First, we are still
referring to a right, as everyone has the right to compete to satisfy those criteria.
Second, specific characteristics do not turn the right into a privilege: women’s ri ghts
apply only to women, but they are still rights, not privileges. Third, the right to
participate in sports requires that eligibility criteria be clear and consistent with
international human rights standards, including the principles of non -discrimination
and equality. In the event of disputes, the burden of proof should lie with the party
setting the rule, and not with the alleged victims of discrimination. 25
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See the opinion adopted by the Committee on the Elimination of Racial Discrimination under article 14
of the International Convention on the Elimination of All Forms of Racial Discrimination, concerning
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