A/79/299 associations the inclusion of Russian and Belarusian athletes in sports as neutral athletes under specific conditions, while continuing to exclude those States’ officials, flags and symbols. 50 Whereas differential treatment is allowed in international law in pursuit of a legitimate aim, in this case the Olympic Truce and peace, individuals cannot be held accountable for the actions of their States. Any restriction of their right to participate in sport must be based on their individual conduct and be similar to restrictions on other individuals in similar positions. A blanket ban excluding athletes from competitions solely on the basis of nationality would be disproportionate and contrary to human rights, which are beyond politics. 67. The Special Rapporteur in the field of cultural rights welcomes the fact that, after conducting many consultations, the International Olympic Committee adopted a more nuanced position, ensuring that sanctions targeted the responsible States and their symbols, rather than individual athletes. At the 2024 Olympics, Russian and Belarusian athletes were allowed to take part under a neutral flag, provided that they did not actively support the war in Ukraine, particularly by being contracted to the military or security agencies of the Russian Federation or Belarus. 51 The Special Rapporteur has stressed that athletes should not be required to take sides in conflicts, including by their sports associations, and are entitled to their freedom of opinion. She has also emphasized that the same rules, especially regarding past and present military activities, must apply to all athletes, whatever their nationality, whether they play individually or in teams. 52 Just before the start of the 2024 Olympics, the request from the Palestine Olympic Committee for the International Olympic Committee to exclude Israel for violating the Olympic Truce and the Olympic Charter through its military operation in Gaza was denied. The Special Rapporteur intends to remain seized of the issue, especially following the issuance by the International Court of Justice of an advisory opinion on the matter. 53 68. Discrimination based on nationality also affects persons who are relocated or have applied for refugee status, when they are excluded from sporting facilities on that basis. Their socioeconomic conditions, marginalization and everyday realities make focusing on sport a struggle. At the 2016 Olympics, held in Rio de Janeiro, Brazil, the International Olympic Committee established the Refugee Olympic Team, composed of athletes from countries affected by conflict, such as South Sudan and the Syrian Arab Republic. 54 The International Olympic Committee also worked with national Olympic committees to provide funding and training for refugee athletes who were prevented from pursuing sports in their home country. That practice could be expanded to support athletes who do not have refugee status but are nevertheless unable to practise sports in their home country and are forced to migrate. 3. Discrimination based on sex, sexual orientation and gender identity 69. Women and girls continue to encounter significant barriers in sports, marked by discrimination, unequal opportunities, lower investment and inadequate media coverage compared with their male counterparts. These disparities not only limit their __________________ 50 51 52 53 54 24-14354 Letter of 14 September 2022 (communication AL OTH 90/2022). See https://stillmed.olympics.com/media/Documents/News/2023/12/principles -of-participationfor-individual-neutral-athletes.pdf and the contribution of the Russian Federation. See www.ohchr.org/sites/default/files/documents/issues/culturalrights/activities/SR CulturalRights-QA-4May2023-en.pdf and www.ohchr.org/en/press-releases/2023/02/un-expertscommend-ioc-considering-admission-russian-and-belarusian-athletes. International Court of Justice, Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem , Case No. 186, Advisory Opinion, 19 July 2024. See https://olympics.com/ioc/refugee-olympic-team for the composition of the Refugee Olympic Team. 17/24