States and sporting associations must act immediately to revise discriminatory policies and practices in sports: says UN expert

NEW YORK (24 October 2024) – The right to participate in sports is a cultural right, a UN expert said today, urging States to take immediate action to remove stereotypes and ensure non-discrimination in sports participation.

“It is imperative that a cultural rights approach is used to discuss the bias in sport, examine who sits at the table to decide on its directions, who benefits from sports, who suffers from harm, how to mitigate risks of human rights violations in a culturally appropriate manner and strengthen the benefits sports can have for individuals and societies,” said Alexandra Xanthaki, Special Rapporteur in the field of Cultural Rights.

Presenting her latest report to the UN General Assembly, Xanthaki recalled that sports associations have the responsibility to respect human rights, that they cannot use the ‘autonomy of sport’ to shield themselves from external accountability and that they must devise, with the active participation of the victims themselves and civil society, clear and effective redress of present and historical abuses.

“‘Neutrality’ in sports is not relevant when it comes to human rights issues, claims and campaigns. Unfortunately, double standards in dealing with difficult issues are rampant when it comes to elite sports,” the expert said.

“States must take positive actions to eradicate discrimination based on gender, ethnic identity, legal status, age or any other factor, including indirect, intersectional and structural factors,” Xanthaki said. She reminded States of their obligation to act to prevent and redress violations committed on their territory and by entities based within their borders.

Any limitations of the right to participate in sports should be proportionate and based on a legitimate aim, the expert noted, warning that blanket prohibitions on the grounds of nationality or of all female transgender persons, and intrusive practices for women athletes with sex variations, are against current standards of human rights.

“Decisions that prevent women from competing that are grounded on assumptions of who a woman is or how she should behave, must immediately be revised,” Xanthaki noted.

Everyone has the right to participate in sports, and States and sports associations must adopt measures and policies to ensure a safe and positive environment where this right is realised. Together, and with the help of media, they must implement campaigns that promote diversity and inclusion at all levels of sports, and counter false assumptions and prejudices in sports.