A/79/299 25. In international human rights law, States are the primary duty bearers. They are under the obligation to ensure that the right to participate in sport is realized within their jurisdiction, and to take specific and clear measures to ensure such realiza tion. States in which international sporting associations are domiciled are required to take the steps necessary to prevent human rights violations abroad by those associations. 20 At the same time, the Guiding Principles on Business and Human Rights apply to all business enterprises, both transnational and others, regardless of their size, sector, location, ownership and structure. Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. 21 C. The meaning of participation 26. The requirement that participation be culturally appropriate is essential to all cultural endeavours, including sports. Participation is meaningless if it is not embedded in one’s own context and does not integrate people and people’s identities, values, aspirations and resources. 27. Participation in cultural life has been developed by the Committee on Economic, Social and Cultural Rights as implying the rights to participate in, and to have access and contribute to, cultural life. 1. Access 28. In sports, participation has traditionally meant access of everyone to the practice of sport, without discrimination of any kind. 29. The limited resources of States must not be used to justify the denial of the right of access to sport: article 2 (1) of the International Covenant on Economic, Social and Cultural Rights requires that each State Party take steps to realize the rights recognized in the Covenant using “the maximum of its available resources”, while article 2 (2) requires that States Parties uphold those rights without discrimination and with immediate effect. Where disparities exist for specific parts of the population, States must take immediate, precise and positive measures to ensure equal access. 30. Access to sport includes physical access to sports facilities and equipment either to practise or to watch sports. It includes free or affordable public training fields and equipment for all, as well as high-quality continuous physical education and sports activities. The Special Rapporteur has heard of cases in which local councils keep football pitches locked and hence restrict the opportunity for refugee children to play there, on the pretext that they would ruin the grass. Such cases are unacceptabl e. The Special Rapporteur is also deeply concerned about reports that suggest that women are segregated from men or even prevented from following sports entirely, either as participants or as audience members, in the name of so-called religious or cultural traditions. Equality cannot be restricted in the name of culture. 2. Participation 31. Access to sports cannot be viewed as separate from participation in sports. Such participation must be given a broader meaning than merely practising sport. It also includes participation, without discrimination, in decision -making, for example through participation in sports associations; in preparations for events and meetings, as a volunteer or as an employee; in the dissemination of information about athletes __________________ 20 21 24-14354 See para. 26 of general comment No. 24 (2017) of the Committee on Economic, Social and Cultural Rights, and International Court of Justice, Corfu Channel case. See www.ohchr.org/sites/default/files/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf. 9/24