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 __________________ 35 14/24 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. 24-14354

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