A/HRC/44/26 36. The Guiding Principles on Business and Human Rights are a key framework for understanding the nature and scope of State obligations and non-State actor responsibilities with respect to human rights, including in sport. Endorsed by the Human Rights Council in its resolution 17/4, in 2011, the Guiding Principles aim to promote the implementation of the United Nations “Protect, Respect and Remedy” Framework, according to which States have a duty to protect human rights (through policies, regulation, legislation and effective enforcement; enterprises have a responsibility to respect human rights, which means that they should take steps to avoid infringing on the rights of others through their activities or business relationships; and, where rights are harmed, both States and enterprises have a role to play in enabling access to and effective remedy through court systems or other appropriate nonjudicial or administrative means. Fulfilling these responsibilities requires enterprises to take specific steps to publicly incorporate this commitment and put in place due diligence monitoring capacity (“know and show” duties). 37. Some sporting bodies, including FIFA, have begun to engage with human rights norms. Article 3 of the FIFA Statutes reflects the Federation’s commitment to implementing the Guiding Principles on Business and Human Rights and to respecting all internationally recognized human rights. Furthermore, in its Human Rights Policy, FIFA states that it places particular emphasis on identifying and addressing differential impacts based on gender and on promoting gender equality and preventing all forms of harassment, including sexual harassment.74 Nevertheless, the evolution and application of other voluntary norms for sports to non-State actors is still a work in progress. 75 While the United Nations granted IOC observer status in 2009, recognizing the importance of the autonomy of sports and the role of IOC in leading the Olympic movement, 76 the General Assembly has subsequently encouraged relevant entities delivering mega sport events to respect applicable laws and international principles, including the Guiding Principles on Business and Human Rights.77 In the Kazan Action Plan, adopted at the Sixth International Conference of Ministers and Senior Officials Responsible for Physical Education and Sport, UNESCO too stated that the human rights of everyone involved in sport must be protected, respected and fulfilled in accordance with the Guiding Principles. 38. IOC and many other sport governing bodies are signatories to the Brighton plus Helsinki 2014 Declaration on Women and Sport, in which it is stated that Governments and sport organizations should provide equal opportunities for women to reach their sports performance potential.78 Moreover, those supporting elite and/or professional athletes should ensure that competition opportunities, rewards, incentives, recognition, sponsorship, promotion and other forms of support are provided fairly and equitably for both women and men. 79 There is global consensus that non-State actors must exercise due diligence with respect to decisions about sport, along with explicit commitments to integrating human rights-based approaches into the operations of sport governing bodies. 80 74 75 76 77 78 79 80 10 111), and the work of Shift (www.shiftproject.org) and the Centre for Sport and Human Rights (www.sporthumanrights.org). FIFA, “Human Rights Policy”, May 2017. Available from https://img.fifa.com/image/upload/ kr05dqyhwr1uhqy2lh6r.pdf. Examples of voluntary commitments to human rights promotion include the IOC Charter, which states that “The practice of sport is a human right.” Further, the Charter guarantees the enjoyment of the rights and freedoms set forth “without discrimination of any kind, such as race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status”. The International Olympic Committee, Olympic Charter https://stillmed.olympic.org/ media/Document%20Library/OlympicOrg/General/EN-Olympic-Charter.pdf. See www.olympic.org/news/ioc-becomes-un-observer. General Assembly resolution 73/24, para. 15. See also www.olympic.org/news/ioc-continuesworking-on-human-rights-and-takes-first-steps-on-a-strategy. See https://iwgwomenandsport.org/wp-content/uploads/2019/03/Brighton-plus-Helsinki-2014Declaration-on-Women-and-Sport.pdf. Ibid. See, for example, the Centre for Sport and Human Rights.

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