A/HRC/32/33
V. Obligations of non-State actors regarding sport and healthy
lifestyles and the right to health
85.
Although non-State actors do not directly accrue obligations under the right to health
as expressed in the International Covenant on Economic, Social and Cultural Rights, they
nevertheless incur indirect responsibilities regarding realization of the right. Strong
leadership from non-State actors through the incorporation of human rights standards into
operations pertaining to sport and healthy lifestyles is important in promoting realization of
the right to health.
86.
Civil society organizations and national human rights institutions should advocate
for the inclusion of sport and healthy lifestyles in relevant national policies, and should
ensure that the voices of marginalized and excluded groups, including children, are part of
the policy-making process. National human rights institutions can also assist States through
information-gathering, monitoring and evaluation.
87.
Private entities, including transnational corporations, should ensure that their
operations do not undermine the realization of individual health rights. In particular,
companies that produce tobacco, food or beverages should abide by industry- or
Government-led regulations on marketing products to children in the sporting context.
Companies involved in major sporting events must also ensure that their operations meet
human rights standards, and must fully implement the Guiding Principles on Business and
Human Rights69 — a responsibility shared with international sporting bodies.
88.
A number of entities involved in the organization and operation of major sporting
events and competitions incur indirect rights obligations: the International Olympic
Committee, the International Paralympic Committee, and the Fédération internationale de
football association (FIFA), among others. These bodies have a vital role to play in
implementing policies and activities aimed at realizing the right to health in the sporting
context. Enhancement of protection of the human rights of athletes should not be perceived
as a threat to the continued operation of major events but rather as a means of increasing the
confidence of athletes and the public in the integrity of sporting institutions. 70
89.
It is encouraging that human rights are increasingly emphasized in the operations of
these organizations, for instance through the International Olympic Committee code of
ethics. The recent appointment of an independent human rights expert to review the policies
of FIFA in relation to the Guiding Principles on Business and Human Rights is
encouraging,71 as is the implementation by FIFA in 2010 of regulations on the status and
transfer of players. However, more must be done to ensure that the right to health of
athletes participating in these events is secured, particularly that of children.
90.
Moreover, broader human rights concerns exist in regard to major sporting events,
including health risks faced by workers on major event infrastructure projects, such as high
rates of avoidable morbidity and mortality.
91.
Given the human rights violations occurring in the context of these events, and
evidence that the interest generated by mega sporting events and professional sport does not
appear to translate into mass participation in sport or physical activity, 72 more should be
69
70
71
72
20
See A/HRC/17/31.
Paulo David, Human Rights in Youth Sport.
FIFA, “FIFA to further develop its human rights approach with international expert John Ruggie”
(14 December 2015).
Pedro Hallal and others, “Physical activity: more of the same is not enough”, The Lancet, vol. 380,
No. 9838.
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