A/79/299
53. In some countries, the perception that sport is mainly for young persons results
in a lack of investment in spaces, infrastructure and programmes that would allow
persons of all ages to maintain their participation in sports. Older persons frequently
encounter barriers due to the lack of age-appropriate programmes and facilities. For
example, a study in Australia found that older persons were less likely to participate
in sports than younger age groups, citing a lack of opportunities and age -related
stereotypes as significant barriers. 35 Older athletes also often experience reduced
opportunities and support in relation to participation in competitive sports.
54. That lack of opportunities makes maintaining a healthy and active lifestyle in
older age more difficult, reinforcing the stereotype that older persons should not take
part in sports. The public policies of some States, especially China and Japan, which
foster the programming of physical activities for older persons, are commendable and
demonstrate that, with adapted infrastructure and conditions, everyone can continue
to enjoy the right to participate in sports throughout their life.
55. Media representations can perpetuate or challenge athletic stereotypes. The
celebration of diverse body types and athletic skills can foster a healthier and more
positive perception of bodies across all demographics, thereby helping to convey the
universality of the right to participate in sports. States have an obligation to take
measures to minimize stereotyping that constitutes discrimination or restricts the
scope of the right to participate in sports for everyone.
B.
Discrimination in the enjoyment of the right to participate
in sports
56. Discrimination continues to represent a significant barrier to many people’s free
participation in sports, undermining fairness and inclusivity, as well as substantive
equality and respect. Exceptions to the prohibition of discrimination must be legal,
and proven necessary and proportionate to the achievement of a legitimate aim, such
as ensuring fair competition.
57. Often, “merit” and “ability” are suggested as reasonable criteria for the
restriction of participation in sports. The idea of sport as “a privilege, not a right”
must be rejected, as it allows discrimination to be tolerated and participation in sports
as a human right to be undermined. Recognition of the importance of the right to
participate in sport as a cultural right may improve the balance between the diverse
values of collaboration and competition in sport, in a way that is more compatible
with the spirit of human rights.
58. When are selection criteria, and therefore exclusion from competition on the
basis of performance, legitimate? Two elements should apply. First, the eligibility
criteria must be objective and reasonable, based on scientific evidence or other
elements, and continuously revisited and confirmed. They must not act as a façade
masking indirect discrimination, or be influenced by stereotypes or political or social
considerations. Second, an enabling environment must be provided for everyone to
have the opportunity to reach the threshold of competitive sport. States must establish
and maintain such an environment by ensuring access to and participation in everyday
practice in schools and public infrastructure, and to programming, equipment and
training opportunities, which entails guaranteeing fair access to competitive
opportunities. While recognizing that not everyone will achieve the same results and
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Claire R. Jenkin and others, “Sport and ageing: a systematic review of the determinants and
trends of participation in sport for older adults”, BMC Public Health, vol. 17 (December 2017),
p. 976.
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