A/79/299
87. The Special Rapporteur welcomes the adoption, in July 2024, of the
Commonwealth Sport Declaration on Reconciliation and Partnership with Indigenous
Peoples, the parties to which confirm the application of the United Nations
Declaration on the Rights of Indigenous Peoples and the principles enshrined therein,
which are based on Indigenous self-determination and respect for Indigenous
cultures. 74
C.
Safety and security of athletes, stakeholders and fans
88. Given that organized sport is controlled by international and national sporting
federations, professional sports leagues, clubs, other businesses and Governments,
the terms imposed by those actors fundamentally shape the conditions for
participation in sport. Increasingly, those regulations are being challenged on grounds
of human rights, including labour rights and freedom of association. Professional
athletes are now recognized by the International Labour Organization as workers, 75
and those athletes who engage in collective bargaining and representation must be
recognized and protected as human rights defenders.
89. Sufficient safety measures and considerations are indispensable to protecting
players, workers and persons in the audience. Responsibilities in this field are shared
between all relevant stakeholders, from public authorities, which ensure the safety of
all public infrastructure and equipment, and maintain high quality standards in
training programmes, to sports associations and federations, which protect all persons
through the rules and regulations of their sports, and from promoters and private
businesses involved at various levels of the sports ecosystems, to parents, who ensure
the well-being and privacy of their children, and to players and athletes themselves.
90. Special consideration needs to be given to young people who participate in
competitive sports at an early age, to ensure that the pursuit of sports and the pressure
to perform do not interfere with their other human rights, including their rights to
education, mental and physical health, and protection from abuse and exploitation.
The World Health Organization defines child maltreatment as “all forms of physical
and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or
commercial or other exploitation, resulting in actual or potential harm to the child’s
health, survival, development or dignity in the context of a relationship of
responsibility, trust or power”. 76 The Special Rapporteur has heard from athletes who
suffered abuse as children, and from coaches, doctors, family members and others,
and recalls the relevance to this topic of the report of the Special Rapporteur on the
sale and sexual exploitation of children, including child prostitution, child
pornography and other child sexual abuse material, at the fortieth session of the
Human Rights Council (see A/HRC/40/51, sect. III, “Study on the sale and sexual
exploitation of children in the context of sports”). While the global sporting
community is increasingly aware of the urgent need to address abuse, much more
needs to be done to allow those concerned to raise the issue and access effective
remedies.
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74
75
76
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See https://production-new-commonwealth-files.s3.eu-west-2.amazonaws.com/s3fs-public/202407/11csmm-commonwealth-sport-declaration-on-reconciliation-and-partnership-with-indigenouspeople.pdf?VersionId=CvUNchLRsWA7t70A1fwqZBbbcFy28RkN.
See www.ilo.org/publications/professional-athletes-and-fundamental-principles-and-rights-work.
Kristine Fortier, Sylvie Parent, and Geneviève Lessard, “Child maltreatment in sport: smashing
the wall of silence: a narrative review of physical, sexual, psychological abuses and neglect”,
British Journal of Sports Medicine, vol. 54, No. 1 (January 2020), pp. 4–7, and World Health
Organization, Report of the Consultation on Child Abuse Prevention, Geneva, 29 –31 March 1999
(document WHO/HSC/PVI/99.1).
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