Human rights in the Olympic Movement: The application of international and European standards to the lex sportiva

Abstract

The promotion of the Olympic ideals is strongly correlated with the effective protection of human rights in the sporting context. However, countless practical examples of violations of athletes’ human rights have shown how the link between sport and human rights is continuously placed under strong pressure. Taking into consideration the thesis according to which human rights are an indirect legal source of the lex sportiva, this study analyses the gaps in the protection of the fundamental rights of athletes. By verifying the potential effects on the sporting juridical bodies’ competences and on the effective implications in sporting affairs for the European Court of Human Rights, the hypothesis of an emerging incorporation of human rights in sports legal orders will also be investigated. At the end of these pages, by identifying the limits and perspectives of the judicial protection of athletes’ human rights, we should also be able to evaluate if, and to what extent, a reform of sport justice bodies is urgently needed in order to guarantee the function of sport as an instrument of peace and sustainable development, vehicle of rights, and source of social inclusion.