A/HRC/40/51
129. Fourthly, and linked to the right to education, major sporting events should be
conducted in a manner that respects the fundamental human rights of children.
Sporting institutions, as organizers, have the responsibility and States, as hosts, have
the obligation to guarantee the rights of the child throughout the major sporting event
life cycle.
130. Further research is urgently needed on the impact of major sporting events on
child rights in order to determine in particular if there has been an increase in the sale
and sexual exploitation of children during such events.
131. Fifthly, the principles of autonomy and specificity, which are at the heart of
sports institutions, should never be used as an excuse to renege on the human rights
responsibilities of these organizations.
132. In addition, existing reporting mechanisms within sports organizations in cases
of sale and sexual exploitation should be independent, to ensure that complaints can be
filed without fear of intimidation or reprisal.
133. Finally, the multiple initiatives that have emerged over the past decade to ensure
that human rights are respected in the world of sports are laudable. Nonetheless, there
is great value in coordination as well as cooperation and, consequently, the promotion
of common efforts is vital. Existing guidelines and safeguards should thus be considered
as a whole and streamlined in order to ensure that there are no discrepancies. The
Convention on the Rights of the Child and its Optional Protocols should serve as the
core standard.
B.
Recommendations
At the national level
134.
The Special Rapporteur urges all States to:
(a)
Protocols;
Ratify the Convention on the Rights of the Child and its three Optional
(b)
Adopt clear and comprehensive legislation that prohibits the sale and
sexual exploitation of children, as defined by the Optional Protocol to the Convention
on the Rights of the Child on the sale of children, child prostitution and child
pornography;
(c)
In line with the Optional Protocol on the sale of children, child prostitution
and child pornography, invoke the liability of legal persons, in this case sports
organizations, and ensure commensurate sanctions against actors who have directly
participated in or facilitated the sale and sexual exploitation of children;
(d)
In line with the Guiding Principles on Business and Human Rights, ensure
the prevention, investigation, punishment and redressal of abuses committed by
business enterprises, in this case sports institutions, through effective policies,
legislation, regulations and adjudication;
(e)
Enact or implement legislation making it mandatory for sports
institutions to undertake background checks of any individual working with children;
(f)
In the context of sports, ensure swift and comprehensive investigations,
prosecutions and sanctions of perpetrators of human rights violations against the child,
as well as of any legal person directly responsible;
(g)
Provide in such cases all-encompassing care, recovery and rehabilitation
services and ensure that victims are consulted in the roll-out of such services;
(h)
In cases of so called “historic” widespread child rights violations in the
context of sports (see paras. 74-77), establish investigative commissions and provide
reparations to victims, in collaboration with concerned sports organizations;
18
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