Human rights in sport: interaction of international legal and сorporate standards

• Published in: Moscow journal of international law no. 2; pp. 88 - 101
• Main Author: Zakharova, L. I.
• Format: Journal Article
• Language: English
• Published: Moscow State Institute of International Relations (MGIMO) 19-11-2020
• Subjects: cas; ecthr; football against racism in europe (fare); fédération internationale de football association (fifa); international law; lex mitior; lex sportiva; prohibition of discrimination; union of european football associations (uefa); united nations (un); violation of anti-doping rules
• ISSN: 0869-0049; 2619-0893
• DOI: 10.24833/0869-0049-2020-2-88-101

INTRODUCTION.
In
so
m
e
areas
of
i
nt
er
n
a
t
io
n
al
sports
re
g
u
la
t
io
n,
i
t
is
lex
spor
t
i
v
a
(for
exa
m
ple,
th
e
e
s
t
abli
s
hm
en
t
of
r
u
les
for
sports
co
m
pe
t
i
t
ions)
or
th
e
la
w
crea
t
e
d
by
th
e
S
t
a
t
e
/ States (for example, the fight against crime in sports) that plays a dominant role. In a number of areas, international sports law and lex sportiva exercise regulatory impact simultaneously. The purpose of the article is to examine how these two sets of regulations contribute to the observance of human rights in sport. The author's three goals were to analyze the process of interference of regulatory efforts based on examples of prohibiting discrimination, using lex mitior, and countering doping in sports.
MA
TERI
ALS
AND
METHODS.
In
e
a
c
h
case,
th
e
a
uth
or
lis
t
e
d
th
e
appli
c
able
i
nt
er
n
a
t
io
n
al
legal
acts
a
nd
acts
of
lex
spor
t
ivа,
s
tud
ie
d
th
e
d
o
m
es
t
ic
a
nd
forei
g
n
d
oc
t
ri
n
e,
u
se
d
th
e
j
u
rispr
ud
ence
of
th
e
E
u
ropea
n
Co
u
r
t
of
Hum
a
n
Rights
(ECtHR)
a
nd
th
e
Co
u
r
t
of
A
rbi
t
ra
t
io
n
for
Spor
t
(CA
S).The
a
uth
or
ut
ilise
d
s
u
c
h
general
scien
t
ific
m
e
th
o
d
s
as
th
e
s
u
b
s
t
ra
tum
(co
nt
en
t),
s
t
r
u
c
tu
ral
a
nd
sys
tem
approa
c
h
es.
The
c
o
m
para
t
i
v
e
a
nd
h
er
m
eneu
t
ical
approa
c
h
e
s
s
h
o
u
l
d
be
n
a
m
e
d
as
specific
scien
t
ific
m
e
th
o
d
s
th
a
t
w
ere
u
sed.
RESEARCH
RESUL
T
S.
Th
 author characterised the
c
o
nt
en
t
of
th
e
i
nt
er
n
a
t
io
n
al
legal
a
nd
corpora
t
e
s
t
a
nd
ar
d
s
th
a
t
h
a
v
e
been
for
m
e
d
i
n
th
e
sp
h
eres
of
pro
h
ibi
t
ing
di
scr
imin
a
t
io
n
,
u
sing
le
x
m
i
t
ior,
a
nd
c
o
unt
ering
d
opi
n
g
.
A
s
a result of their comparison, she comes to the following conclusions: international law and lex sportiva are unanimous in their intent to eliminate discrimination in sports; lex sportiva seeks to apply the legal standard of lex mitior; in the field of anti-doping, a number of inconsistencies have been identified between international legal and corporate standards recognized by lex sportiva.
D
ISCUSS
IO
N
AND
CO
N
CL
US
IO
NS.
The
prohibi
t
io
n
of
d
i
s
cri
m
i
n
a
t
io
n
is
a
n
exa
m
ple
of
h
ar
m
o
niz
a
t
io
n,
as
a result of which the requirements of international sports law and lex sportiva complement and strengthen each other. The second case is an example of the successful reception by lex sportiva of the legal concept of lex mitior, which is well-known to national and international law. When countering doping at the present stage, it is lex sportiva that dominates, and the failure to fully comply with the requirements of "due process" and, in particular, with the presumption of innocence in respect of professional athletes is a cause of concern to the academic community and the ECtHR.