A/HRC/40/51
1.
Institutional structure and reporting mechanisms
93.
The structure of sports organizations affects their capacity to respond to human rights
violations. Two principles guide the structure of all sporting institutions: autonomy and
specificity. This was recognized by the General Assembly in two separate resolutions. 57
94.
Though these principles are fundamental for these organizations, they can end up
being counterproductive since autonomy and specificity can be used as excuses by these
organizations to reject human rights due diligence and their responsibility towards children.
Moreover, blind adherence to a poorly defined principle of autonomy can actually lead to an
increase in human rights violations and a need for external intervention, as demonstrated by
the 2015 FIFA corruption scandal.58 In addition, the principle of specificity has been used to
deny the fundamental rights of athletes and the recognition of children as right holders.59
95.
The underrepresentation of women in sports leadership has further implications on the
capacity of sports organizations to respond adequately to gender discrimination and violence.
Gender discrimination is still omnipresent in sports institutions, in particular at the
governance level. Indeed, the organization Women in Sport undertook research on the
representation of women in senior leadership roles in sports and concluded that gender
discrimination had led to women feeling undervalued and overscrutinized.60 Furthermore, the
European Institute for Gender Equality noted that, on average, women occupy 14 per cent of
decision-making positions in the continental confederations of Olympic sports bodies in
Europe. Of particular concern, only 20−30 per cent of all sport coaches are women.61
96.
In response, IOC has adopted Gender Equality Recommendations that include five
recommendations related specifically to governance. Importantly, one calls for “ensuring that
women have roles of influence and decision-making responsibilities in the organisations’
administration and governance”.62
97.
FIFA also adopted a Women’s Football Strategy that includes a pledge to broaden
female representation in football decision-making at the highest levels. It aims to have at least
one third of FIFA committee members be women by 2022 and to increase the number of
qualified female coaches.
98.
As mentioned, national contact points have been created to serve as a mediation
mechanism for the implementation of the OECD Guidelines on Multinational Enterprises,
thus offering a possible avenue for dealing with complaints against private actors, including
sports organizations. Nevertheless, they remain a non-judicial dispute settlement system.
99.
Violations of the codes of conduct/ethics mentioned above have to be reported through
internal mechanisms and will be referred to ethics or disciplinary commissions and boards.
For instance, IOC has an Ethics and Compliance Hotline, and complaints may be referred to
the Ethics Commission.63 The Youth Olympic Games Framework for Safeguarding Athletes
also provides reporting obligations and guidelines. Nonetheless, these reporting mechanisms
generally are not child-friendly and do not meet the criteria for effective remedies as set out
in the Guiding Principles on Business and Human Rights, namely to be legitimate, accessible,
predictable, equitable, transparent, rights-compatible and a source of continuous learning.
100. Numerous countries have taken national initiatives to protect athletes and children:
the Child Protection in Sport Unit in the United Kingdom, the United States Center for
SafeSport, the Child Safe Sport framework in Australia, the Contre les abus sexuels dans le
sport programme in Switzerland and the #AbusoFueradeJuego campaign in Spain.
57
58
59
60
61
62
63
14
Resolutions 69/6 and 71/160.
United States Department of Justice, “Nine FIFA officials and five corporate executives indicted for
racketeering, conspiracy and corruption”, 27 May 2015. Available at www.justice.gov/opa/pr/ninefifa-officials-and-five-corporate-executives-indicted-racketeering-conspiracy-and.
Mega-Sporting Events Platform for Human Rights, Athletes’ Rights and Mega-Sporting Events,
Sporting Chance White Paper 4.2, version 1, January 2017.
Women in Sport, Beyond 30%: Workplace Culture in Sport, June 2018.
European Institute for Gender Equality, Gender Equality in Sport (Vilnius, n.d.).
IOC, IOC Gender Equality Review Project (Lausanne, n.d.), p. 12.
See www.olympic.org/news/new-ioc-integrity-and-compliance-hotline-fully-operational.
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