A/HRC/44/26
53.
In addition, regulations regarding female eligibility to compete in sport raise
concerns about the ability of all athletes to enjoy their rights. Private sports bodies and
their rules and regulations dominate the current global and corporatized structure of
sport governance. Concerns have been raised in this context indicating that women and
girl athletes may face serious obstacles to accessing effective remedies and seeking full
redress for violations of their human rights. In accordance with their obligations under
international human rights law, States should ensure that non-State actors, including
sport governing bodies, respect human rights in their own regulatory regimes and are
accountable for breaches.
54.
States have obligations to remove obstacles for women and girls in accessing
sport, including social, cultural and economic barriers. To this end, they should address
discrimination in sport on the basis of gender, race and other grounds by:
(a)
Collecting data and providing analyses on the structural barriers to access
to sport for diverse women and girls;
(b)
Ensuring that their national anti-discrimination law is adequate to
address discrimination on the basis of gender, as well as compounded discrimination on
the basis of gender and race or other prohibited grounds, including discrimination on
the basis of particular intersex variations or on the basis of sex characteristics. Such
domestic law, in conformity with international human rights obligations, needs to be
applicable to and in practice be applied to sport governing bodies;
(c)
Reviewing laws, policies and programmes with a view to addressing
barriers to equal access to sport for women and girls;
(d)
Ensuring access to adequate and effective remedies that can provide full
redress for discrimination in sport;
(e)
Establishing national standards on non-discrimination in sport and
providing comprehensive, age-appropriate support for undertaking sporting activities
at the local level;
(f)
Integrating in national plans of action analyses of discrimination and
other human rights abuses in sport based on gender, race and innate variations in sex
characteristics, thereby ensuring coordination and adequate resourcing of related
activities – including awareness-raising and capacity-building of relevant actors,
accountability for harm caused and redress for victims;
(g)
Collecting and publishing data on the number and types of discrimination
and abuse, specifically data disaggregated by race, gender and with attention to
marginalized communities, while providing for the security of those reporting.
55.
States should prohibit the enforcement of regulations that pressure athletes to
undergo unnecessary medical interventions as a precondition for participating in sport
and should review and investigate the alleged enforcement of such regulations.
56.
States should ensure that athletes know their rights. They should also ensure that
athletes have access to legal remedy and have the legal capacity and social support to
act, collectively as well as individually, to protect their rights and seek and receive all
the information they need to make decisions at every level of their engagement in sport.
57.
States should consider taking collective action on behalf of athletes, including
with the involvement of sporting bodies, to address the gaps in accountability arising
from the practices and policies of sporting bodies.
58.
States and sporting bodies should establish a process to review rules, regulations,
contracts and agreements to ensure their compliance with international human rights
norms and standards, paying particular attention to the need to protect from
discrimination and to provide adequate remedies, including in respect of arbitration
clauses, so that they do not violate the rights of athletes.
59.
In light of their distinct obligations and responsibilities, States and sporting
bodies should work together to promote the inclusion of women and girls in sporting
activities, paying particular attention to women and girls marginalized on account of
their race, nationality, immigration or refugee status, ethnicity, religion, HIV or other
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