15 December 2022
To Speak, or not to Speak
Several national football federations and their teams had planned to wear a rainbow armband (also called the “One-Love” armband) when entering the 2022 World Cup in Qatar, which symbolizes solidarity with the LGBTQ+ community. Promptly, this simple gesture in favor of respect of human rights and diversity was forbidden by FIFA. The days following the ban, players and teams expressed their unease about FIFA’s strict position and about the uncertainty of the potential sanctions. FIFA’s practice towards freedom of expression lacks consistency, which further highlights the protection gap that exists between the lex sportiva, the rules and regulations governing sports, and human rights law in respect of freedom of expression. How could the differences be reconciled? Continue reading >>
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25 November 2022
Migrant Workers and the 2022 FIFA World Cup in Qatar
When we are enjoying the beautiful game these days, we should not forget that hundreds or even thousands of migrant workers, mostly from Bangladesh, India, Nepal, Pakistan, Philippines and Sri Lanka have allegedly lost their lives in Qatar when working on stadium and other infrastructure constructions in view of the 2022 FIFA World Cup. FIFA as the overarching, but private international football governing body in charge of the organization of the World Cup is not, as such, liable under the ECHR neither. It has, however, its headquarters in Switzerland. Is this enough to hold Switzerland, a party to the ECHR, liable for human rights violations in Strasbourg? Continue reading >>23 February 2022
The Court of Arbitration for Sport’s Multifarious Views on Freedom of Expression
In sport, the fine line between ‘political’ and ‘non-political’ expression is vital because certain expressions could potentially result in disciplinary sanctions. Dubbed as the ‘supreme court of world sport’, the Court of Arbitration for Sport (‘CAS’) is pivotal in interpreting and adjudicating cases involving freedom of expression in international sports. Currently, the CAS jurisprudence tends to fail to provide clear and consistent reasoning. Continue reading >>
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17 February 2022
Neutrality of the Olympic Movement and Freedom of Expression
The relationship between sports and neutrality belongs to the most hotly debated topics in international sports law. This blog post illustrates the application of the neutrality principle in practice and argues that the athletes’ freedom of expression in sports is emerging as a ‘concession’ rather than as a ‘right’, suggesting that a reform of the regulations imposed by the Olympic Movement is urgently needed. Continue reading >>
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10 February 2022
Athletes and the Human Right to Freedom of Expression
While Sport Governing Bodies can regulate freedom of expression for athletes in sports, the current approach of the IOC seems to fail to abide by the standards required under international human rights law. In particular, the lack of clarity on the content and forms of expression banned under Rule 50 of the Olympic Charter seems to conflict with the foreseeability expected by international human rights law. Continue reading >>
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08 February 2022
The Re-Emergence of the Athlete Activist
Expressions in support of social justice, inclusion, anti-discrimination and LGBTQI+ rights no longer appear to breach Rule 50. Where Rule 50 could still come into play is where athlete activists seek to demonstrate their support for overtly political causes. The guidance states unequivocally that expressions must not be targeted at people, organisations, or countries. At Beijing 2022, any expression/gesture aimed at an individual politician, the Communist Party of China, or the Chinese state will remain a breach of Rule 50. Continue reading >>
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07 February 2022
Keeping Politics Out
Throughout history, the IOC always faced tough choices when it dealt with freedom of speech. It attempted to act within the framework of international human rights law whilst it continuously promoted the autonomy of sport from all political interests. At this point, it does not seem that the IOC will move away from its general, apolitical stance. Continue reading >>
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04 February 2022
Speaking up in Beijing or not?
The Beijing Winter Olympics might constitute a boiling point for the ongoing debate on the freedom of expression of athletes and fans participating in international sporting competitions. This blog symposium brings this debate to a more general audience interested in issues related to human rights, constitutionalization of transnational legal processes and private governance. As an introduction to the contributions, our blog highlights a number of fundamental points which will be at the heart of this discussion. Continue reading >>
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