A/79/299 Committee affirmed, in the fundamental principles of Olympism set out in the Olympic Charter, that “the practice of sport is a human right. Every individual must have the possibility of practising sport, without discrimination of any kind and in the Olympic spirit”. 14 Still, the right recognized in the Charter is restricted only to the practice of sport. A. International human rights framework 15. Several provisions of the international human rights framework provide elements that are key to protecting the right to participate in sports. The right to rest and leisure, enshrined in article 24 of the Universal Declaration of Human Rights, entails the right for all to enjoy time for recuperation, outside work. 16. The right to participate in sport has been implicitly or explicitly recognized for specific parts of the population in human rights treaties. In article 31 of the Convention on the Rights of the Child, the right of the child to rest and leisure, to engage in play and recreational activities, and to participate freely in cultural life and the arts is recognized. The Committee on the Rights of the Child, in its general comment No. 17 (2013), emphasized the importance of sports and games for children’s development and well-being. In the Convention on the Elimination of All Forms of Discrimination against Women, the right to participate in sports is addressed in articles 10 (g) and 13 (c), in which States Parties are called upon to provide the same opportunities for women and men to participate actively in sports and physical education, and in recreational activities, sports and all aspects of cultural life. In the Convention on the Rights of Persons with Disabilities, the right to participate in sports is recognized in article 30 (5), in which States are required to ensure that persons with disabilities have an opportunity to organize, develop, and participate in disability specific sporting and recreational activities, and that such persons have access to general sporting activities at all levels. 15 The Committee on Economic, Social and Cultural Rights stresses, in paragraph 35 of its general comment No. 6 (1995) on older persons, within the scope of the right to physical and mental health, the need to maintain a healthy lifestyle, which includes exercise. 17. The United Nations Declaration on the Rights of Indigenous Peoples provides, in its article 31, that Indigenous Peoples have the right to maintain, control, protect and develop their sports and traditional games, and to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge and cultural expressions. 18. In article 22 of the African Youth Charter, the right of every young person to rest and leisure and to engage in play and recreational activities that are part of a healthy lifestyle is recognized. States are also required to “make provision for equal access for young men and young women to sport, physical education, … recreational and leisure activities” and to “put in place adequate infrastructure and services in rural and urban areas for youth to participate in sport”. 16 19. In 2009, it was generically and explicitly recognized that the right to participate in sport is part of cultural rights, on the basis of article 15 of the International Covenant on Economic, Social and Cultural Rights. In its general comment No. 21 (2009), the Committee on Economic, Social and Cultural Rights confirmed explicitly that sports and games are part of cultural life, highlighting their importance for the __________________ 14 15 16 24-14354 See https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/Olympic -StudiesCentre/List-of-Resources/Official-Publications/Olympic-Charters/EN-2004-Olympic-Charter.pdf. See also general comment No. 2 (2014) of the Committee on the Rights of Persons with Disabilities, paras. 44–46. See https://au.int/en/treaties/african-youth-charter. 7/24

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