A/79/299
full realization of human rights. In paragraph 13, the Committee noted that
“culture … encompasses, inter alia … sport and games” and that “culture shapes and
mirrors the values of well-being and the economic, social and political life of
individuals, groups of individuals and communities.” Sports and games can also be
considered to be part of a community or group’s heritage and therefore require the
same recognition and protection as other forms of cultural heritage. 17
20. In view of the indivisibility and interdependence of human rights, the full
realization of the right to participate in sports can also contribute to the enjoyment of
various other human rights, including the right to a healthy environment. 18 Those
interactions should be considered carefully.
21. International human rights instruments must be implemented without
discrimination of any kind as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status, as stated in article 2
of the International Covenant on Economic, Social and Cultural Rights and article 2
of the International Covenant on Civil and Political Rights. Article 5 (e) (vi) of the
International Convention on the Elimination of All Forms of Racial Discrimination,
article 3 of the Convention on the Elimination of All Forms of Discrimination against
Women and article 30 of the Convention on the Rights of Persons with Disabilities
stress that all persons, irrespective of their specific situation or status, have the right
to take part in cultural life.
22. In paragraph 5 of its general recommendation No. 28 (2010), the Committee on
the Elimination of Discrimination against Women made the following clarification:
“Although the Convention only refers to sex-based discrimination, interpreting article
1 together with articles 2 (f) and 5 (a) indicates that the Conventi on covers genderbased discrimination against women. … The application of the Convention to genderbased discrimination is made clear by the definition of discrimination contained in
article 1.” Discrimination based on gender is therefore included in the p rohibited
grounds for discrimination.
23. States are under the obligation to take positive measures to ensure that the right
to participate in sport is realized. That obligation challenges the doctrine of the
“autonomy” of sport, in accordance with which it is argued that States should not
exercise undue influence in sport. States and public bodies are under the obligation
to ensure that public and private bodies, including sporting associations and bodies,
do not violate the right to participate in sports or any other human right during sport;
when necessary, States must take positive measures to ensure that the right to
participate in sports is fulfilled. Neutrality is irrelevant to human rights issues, claims
and campaigns.
B.
Rights holders and duty bearers
24. The right to participate in sports is for everyone, not just athletes. All persons
have a right to take part in sports, and therefore to contribute to cultural life in various
ways through physical activities and games. In organized sport, “everyone” includes,
beyond those practising sports at all levels, technical officials, coaches, judges,
volunteers, spectators, sponsors, broadcasters, journalists and audiences. 19
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17
18
19
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For more information on international law obligations related to heritage, see
www.ohchr.org/en/special-procedures/sr-cultural-rights/cultural-rights-approach-heritage.
Contribution of Géraud de Lassus St-Geniès.
See the proposed sports ecosystem of the Centre for Sport and Human Rights
(www.sporthumanrights.org/what-we-do/sports-ecosystem/).
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