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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
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14
15
16
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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.
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