ATHLETE RIGHTS UNDER INTERNATIONAL HUMAN RIGHTS

ABSTRACT

The public recognizes athletes for their accomplishments yet athletes must deal with institutional barriers which violate their basic human rights. Sporting stars face multiple human rights violations that include unfair labor practices as well as restrictions on free speech and discrimination and health and safety threats. Athlete protection requires thorough examination of human rights within sports because their basic rights must be safeguarded in and out of athletic competition. This paper starts by studying fundamental international human rights instruments applicable to athletes along with their examination of global sports authorities especially the International Olympic Committee (IOC) and United Nations (UN) to develop athlete protective strategies. The discussion expands into five main areas which define athletes’ rights: labor and employment protections and discrimination defense with free expression guarantees alongside health and safety assurances along with privacy protection.

The discussion analyzes how these rights become infringed and explains the difficulties of enforcing safeguards while detailing how athletes hold less power than governing bodies without universal standards. The analysis examines both international sports organizations like the IOC and FIFA to evaluate what deficiencies exist in existing structures while monitoring new patterns in athlete protection initiatives.

KEYWORDS

Athletes’ rights, Human rights, Health and safety, International human rights instruments, Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), International Olympic Committee (IOC), United Nations (UN).

INTRODUCTION

Human culture along with society depends on sports as well as athletes who show their society examples of perseverance and discipline and achievement of excellence. Athletic organizations act as physical activity centers and sports competition venues in addition to presenting motivational examples to vast audiences through the athletic drive and committed performances of athletes. Sports carry more value than entertainment as they function as central components of community building through unity. Competitive sports teach people important life abilities such as working with others along with leadership skills and making strategic decisions. Athletes earn role model status because of their athletic skill and their accomplished skills to conquer challenges. Through their demanding pursuits of achievement people find the drive to reach their personal ambitions. Serena Williams, Usain Bolt alongside Cristiano Ronaldo brought unique impacts both to their sports and to worldwide cultural aesthetics.

Professional athletes while serving as public figures deal with multiple serious difficulties that endanger their basic rights including labor abuse and discrimination together with insufficient expression freedom alongside health and safety security gaps. International human rights law offers a comprehensive set of protections for rights yet enforcement remains insufficientingly effective.

This paper looks at how international human rights law intersects with athlete rights through assessments of labor security standards as well as equality protection and speech freedoms and health care conditions. The author implements a legal-analytical method to assess international human rights instruments while performing case-based research and evaluating global sports organizations’ actions. The paper contends that achieving exclusive and inclusive sports areas requires collective efforts which sustain the principles of equity, dignity and inclusion for every athlete.

INTERNATIONAL HUMAN RIGHTS FRAMEWORK AND ATHLETES

Even athletes have a special dualism that raises issues of how international human rights principles apply to the right of a person and his duties. This part studies the legal documents, institutions, and the relationship between sports and humanity and strives to place the issues within the human rights context.

1. Historical Evolution of Human Rights in Sports

Sports integration with human rights adopted the evolutionary pattern of international human rights law development. The model became evident after WWII ended. The development of a worldwide human rights movement became possible through the adoption of Universal Declaration of Human Rights (UDHR)[1] in 1948 marked the Beginning of a global human rights movement.

The basic rights of sports remained shielded because of the foundational character of the UDHR principles. Following the birth of the global civil rights movements and through the Convention on the Elimination of All Forms of Racial Discrimination (1965)[2] and the Convention on the Elimination of All Forms of Discrimination Against Women (1979[3]) emphasized the importance of equality. Muhammad Ali along with Billie Jean King employed their sports fame to assist sports organizations in establishing broad reform through anti-racial and anti-gender discrimination initiatives. Commercial and professional sports rose to popularity in the (1980s–1990) time period which exposed public scrutiny about athlete labor exploitation and toxic playing conditions and inadequate medical coverage. Organizations such as the International Labor Organization (ILO[4]) began addressing sports-related issues, emphasizing labor rights, fair pay, and workplace safety.

During the early 2000s as global attention turned to the rights of marginalized groups and corporate accountability, sports emerged as a focal point. The adoption of the UN Guiding Principles on Business and Human Rights (2011)[5] called for sports organizations to uphold human rights standards. Events like the abuse scandals in gymnastics and labor exploitation during World Cup preparations in Qatar highlighted systemic failures and the urgent need for reform.

2. Key International Instruments Protecting Athletes’ Rights

International human rights instruments develop essential frameworks which protect athlete rights by covering worker protection as well as equality and the freedom to express themselves safely and healthily. These instruments maintain crucial functions because they help athletes achieve dual status as workers with individual rights to dignity and fairness. The following section examines vital instruments that directly affect athletic situations.

Universal Declaration of Human Rights (UDHR)

The UDHR (1948) establishes itself as a foundational human rights document that recognizes how each person possesses equal dignity and worth. Various portions of the Universal Declaration of Human Rights directly extend their applications to athletic contexts.

Article 23 : According to this article working individuals possess rights to obtain reasonable working standards which guarantee appropriate payment and union membership. Athletes especially need this protection because their professional contracts usually deny them acceptable working conditions as they lack union representation.

Article 24 : Establishes athletes’ right to rest along with leisure time which protects them from dangerous overtraining and burnout risks in competitive sports activities.

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

In 1966 the ICESCR adopted economic social and cultural rights to protect the health conditions and labor needs of athletes. Key provisions include:

Article 7: Athletes possess rights to safe measures that consist of proper working conditions. Athletes participating in contact sports and gymnastics specifically need to access this protection due to inherent physical risks in their sports.

Article 12: The ICESCR emphasizes through Article 12 that all individuals deserve the best possible level of physical and mental health together with actual medical services and recovery treatments and freedom from abusive treatments. The ICESCR is instrumental in framing athletes’ rights as both workers and cultural participants, addressing their physical and economic vulnerabilities.[6]

International Labor Organization (ILO) Conventions

By recognizing athletes as workers, the ILO conventions provide critical legal protections that combat the systemic power imbalances in sports governance.

Convention No. 87 (Freedom of Association) [7]and Convention No. 98 (Right to organize and Collective Bargaining)[8] : Protect athletes’ rights to form unions or associations, enabling them to negotiate fair terms with governing bodies.

Convention No. 155 (Occupational Safety and Health): Addresses workplace safety, crucial for protecting athletes from injuries and unsafe training environments. [9]

Convention No. 29 (Forced Labor): Prohibits forced or compulsory labor, which is especially relevant in contexts where athletes, particularly minors, are coerced into exploitative contracts

Convention on the Elimination of All Forms of the Discrimination Against Women (CEDAW)[10]

Article 11: The provision in Article 11 guarantees women workers receive fair pay and treatment at their places of employment while challenging sports industry salary disparities.

Article 10: The Convention asks for equality in education and training opportunities to create more women leaders in sports management and coaching roles.

Article 13: Under this provision women have the fundamental right to engage in cultural life which includes balanced representation during sporting events and media exposure.

Different international human rights instruments protect athletes by handling their workplace issues as well as defending their personal rights. These legal principles construct the fundamental basis for campaigns advocating athletes’ rights and they shield athletes both professionally and personally. These principles struggle to implement effectively because states need to establish better enforcement methods and sports organizations and governments should unite their efforts with human rights bodies.

Categories of Athletes’ Rights

Athletes’ rights within the context of human rights can be categorized into several key areas, often overlapping, that emphasize both the individual and collective rights of athletes. These categories include:

Labor Rights: Athletes have the right to fair wages, safe working conditions, and the freedom to organize. These rights are crucial in the context of professional sports, where athletes are often treated as employees or independent contractors. Ensuring fair compensation, career longevity, and the protection of athletes’ interests in contracts.
Discrimination and Equality: Recipients of athletic protection must receive equal treatment regardless of their race, gender status, disability, nationality or religious background and sexual orientation. Sports participants have equal access to opportunities regarding team selection processes and sponsorship agreements and participation in sports competitions. Sports-related human rights efforts focus on gender equality work and racial discrimination prevention as essential human rights components.
Freedom of Expression: Athletes should always be able to freely communicate their thoughts because they must face no punishment or restriction when expressing themselves both inside and outside athletic events. The freedom of athletes extends to create social or cultural actions as long as these events don’t violate other parties’ rights or compromise the principles of sports competition.
Health and Safety: Athletes receive the right to healthcare safety together with medical access and protective health measures. The right of athletes extends to access to proper medical care and both physical safety measures and mental health support systems. Leadership must put athlete well-being ahead of all else by establishing standard procedures to address their medical and mental health issues
Privacy Rights: Professional athletes possess the right to preserve their private information depending on how their data is managed by their teams and sponsors along with the media. Medical records and personal data privacy together with public image control form the basis of this category regarding athlete rights.
Freedom of Movement: Athletes should have the freedom to move across borders to compete internationally or seek employment opportunities in other countries, while being protected from undue restrictions that may hinder their professional growth.
Protection from Exploitation: The protection of players must extend to shield athletes from being mistreated by sports organizations and agents together with sponsors. The code tackles various issues of child labor as well as trafficking and the involuntary manipulation of athletes into unfavorable conditions.
Access to Education: Young athletes receive the right to integrate educational studies together with their athletic pursuits. Student athletes should have access to academic scholarships together with support programs which develop skills beyond their athletic pursuits.
Right to Participation: Athletes maintain a right of sports engagement free from bias-based exclusion under this category. Athletes possess the right to contribute to decisions regarding their professional development by means of athlete organizations or similar representation bodies.

ROLE OF KEY ORGANIZATIONS IN THE DEVELOPMENT OF THE FRAMEWORK FOR SAFEGUARDING ATHLETES’ RIGHTS

A human rights framework for sports requires the active participation of major organizations who operate at international, regional, and industry levels for its development and enforcement. Organizations have been responsible for forming policies together with creating guidelines and implementing initiatives that focus on athletic-specific challenges. This section reviews their essential contributions throughout the development procedure.

International Olympic Committee (IOC)

. Global sports governance depends heavily on the IOC for human rights integration. The IOC started its operations in 1894 while governing the Olympic Movement through oversight of the Olympic Games. The IOC has upgraded its preventative procedures to align with human rights standards throughout the years yet its implementation remains complex. The IOC formed a human rights strategy in 2018 together with United Nations to ensure complete athlete safety and protection during events.

The IOC fights discrimination through its policy of regulating Olympic athlete political statements. Athlete freedom of expression remains under debate because of a sports policy established by the IOC, though several athletes have protested against this position.

Olympic Charter: The Olympic Charter incorporates the principles of non-discrimination, equality, and dignity. It has served as a foundational document for promoting inclusivity and fair play in sports. [11]

Federation International de Football Association (FIFA)

International football has an influential organization named FIFA which was founded in 1904. The organization directly affects the rights protection of sports competitors and workers participating in its competitive programs.

FIFA developed its first Human Rights Policy through an 2017 announcement which followed the UN Guiding Principles on Business and Human Rights. Under this policy organizations must uphold respect for athlete equality along with discrimination prevention and they must apply fair work practices. [12]

The FIFA World Cup soccer tournament has drawn public criticism regarding labor rights violations especially through exploited migrant workers in Qatar during Cup preparation stages. The organization FIFA continues to collaborate with Amnesty International and other groups to handle these problems even though progress has been uneven. [13]

Anti-Discrimination Campaigns: FIFA’s campaigns, such as “Say No to Racism,”[14] have raised awareness about racial discrimination in football, though enforcement of anti-racism policies in leagues and tournaments continues to be a challenge.

United Nations (UN)

The UN has been instrumental in embedding human rights principles into sports governance through its various agencies, resolutions, and partnerships.

Sport for Development and Peace: The UN Office on Sport for Development and Peace (UNOSDP) has promoted the use of sports as a tool for achieving the Sustainable Development Goals (SDGs), including gender equality and social inclusion.

It has also collaborates with bodies like the IOC and FIFA to ensure that human rights are integrated into the planning and execution of major sporting events. The UN’s leadership in advocating for human rights in sports has elevated the issue on the global agenda, encouraging sports organizations to adopt more comprehensive policies. [15]

World Players Association (WPA)

As a worldwide athletes’ union the WPA functions as a leading institution which fights for rights-based athlete policies.

The WPA fights for athletes to create bargaining power through organization while disputing sports administration hierarchies that control player contracts.

The WPA launched the Universal Declaration of Player Rights in 2017 after creating a set of statements that define rights of athletes such as dignity preservation alongside equality and freedom of expression and workplace safety.

The WPA stays active in fighting against gender-based equality issues both in pay disparity and mistreatment of female competitors within sports competition framework.

Court of Arbitration for Sport (CAS)

The CAS signifies an independent tribunal founded in 1984 to resolve disputes about sports-related matters. As a vital organization the body ensures the application of human rights standards while handling conflicts that arise between athletic performers and sport governing organizations. The organizational structure enables athletes to challenge wrong decisions through its dispute Resolution processes resulting in challenges against doping allegations and contract breaches.

The organizations function as key components which developed the protective framework for athlete rights. These organizations have worked to establish worldwide athlete professionalism and fairness by developing policies through advocacy work and dispute settlement services. Sports organizations must strengthen their collaborative efforts and increase both accountability measures and funding because current governance gaps prevent the creation of true inclusive fairness in sports.

“VIOLATIONS AND CHALLENGES IN UPHOLDING ATHLETES RIGHTS”

Throughout time the protection of athletes’ rights has grown substantially under the influence of international human rights framework and relevant organizations. However systemic challenges exist which prevent the effective implementation of these protections although they have been developed. The evaluation of real-life scenarios shows the existing problems and requires immediate legislative improvements.

The case of migrant workers during the 2022 FIFA World Cup in Qatar exemplifies the exploitation and unsafe conditions often linked to mega-sporting events.[16] Suited policy changes such as FIFA’s Human Rights Policy and their partnership with human rights organizations did not prevent forced labor and wage problems and hazardous construction site conditions for stadium workers. The implementation of these policies reveals an existing difference between official promises and concrete action. Players from lower-income leagues and new sports branches experience limited collective bargaining rights and suffer from below-market wages similar to the United States professional women soccer players. The gender pay gap in women’s sports, addressed in the landmark U.S. Women’s National Soccer Team v. U.S. Soccer Federation case,[17] underscores the persistent inequality in labor protections.

The debate over Rule 50 of the Olympic Charter[18] illustrates the tension between athletes’ rights to freedom of expression and the neutrality of sports. Athletes such as Tommie Smith and John Carlos,[19] who raised their fists in a Black Power salute during the 1968 Olympics, faced severe backlash for their protest against racial injustice. More recently, Colin Kaepernick’s kneeling during the U.S. national anthem[20] brought global attention to the silencing of athletes advocating for social justice, showing the lack of consistent protections for freedom of expression in sports.

The case involving South African runner the merging of gender-relate Caster Semenya [21]highlights bias and healthcare insults. The World Athletics barred Semenya from competition because she refused medical procedures that change testosterone hormone levels in female athletes. The situation highlighted the lack of sufficient protection structures that shield competitors from discriminatory procedures which violate their independence alongside their physical well-being. .

Despite international frameworks emphasizing safety and dignity, systemic negligence allowed abuse to persist for decades, underscoring the urgent need for accountability mechanisms and independent oversight in sports organizations. While international instruments provide a robust legal framework, enforcement mechanisms remain fragmented and inconsistent. Organizations like the IOC, FIFA, and CAS have made significant contributions, but systemic power imbalances, lack of transparency, and commercial priorities often undermine their commitments to human rights.

CONCLUSION

International human rights law and sports together establish protection methods for athletes’ fundamental rights which include labor protection rights and freedom from discrimination and freedom of expression and health and safety protections. Numerous advancements have occurred yet this paper identifies areas where enforcement remains insufficient while holding institutions to account and developing better human rights-based governance in sports. The resolution of these gaps demands unified organization between multiple parties.

The sports sector needs governments together with human rights bodies to take a leading role in overseeing standard compliance. Sports organizations must follow binding legal mandates that require them to protect universal principles of fairness and non-discrimination together with dignity standards. Sports governing bodies at a global level should establish formal human rights standards which must be included in their policies as well as their decision-making frameworks and charters. Independent oversight bodies like ombudsman offices or commissions will increase both transparency and accountability within the system.

Athletes need to feel protected when they raise their rights because they must not experience any form of retaliation. Athletes’ unions can build their strength to contribute their voices effectively during policy development through the creation of inclusive platforms. Educational initiatives and spread of awareness are essential because they teach athletes how to understand and put into practice their protection rights.

The implementation of these protections depends absolutely on their effective enforcement procedures. Sanctioning and penalizing organizations together with public accountability requirements should exist for anyone who obstructs athlete rights. The implementation of proper strategies to address these essential gaps enables the international community to protect sports through universal justice principles and human rights standards which will build a future where athletes can excel both as athletes and as professionals.

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Ellen J. Staurowsky, Women’s Basketball Coaches as Targets of Discrimination: A Legacy of Title IX, 28 J. Legal Aspects Sport 127 (2018), [https://heinonline.org/HOL/LandingPage?handle=hein.journals/jlas28&div=14&id=&page=](https://heinonline.org/HOL/LandingPage?handle=hein.journals/jlas28&div=14&id=&page=)(last visited Jan. 8, 2025).

[1] Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (1948)

[2] International Convention on the Elimination of All Forms of Racial Discrimination*, Dec. 21, 1965, 660 U.N.T.S. 195.

[3] Convention on the Elimination of All Forms of Discrimination against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.

[4] International Labor Organization, Occupational Safety and Health Convention, No. 155 (1981)

[5] United Nations Guiding Principles on Business and Human Rights, U.N. Doc. HR/PUB/11/04 (2011)

[6] International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3

[7] International Labor Organization, Freedom of Association and Protection of the Right to Organize Convention, No. 87 (1948)

[8] International Labor Organization, Right to Organize and Collective Bargaining Convention, No. 98 (1949

[9] International Labor Organization, Occupational Safety and Health Convention, No. 155 (1981)

[10] Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13

[11] Olympic Charter, Int’l Olympic Comm. (2021), available at https://olympics.com.

[12] FIFA, Human Rights Policy (2017), available at https://fifa.com.

[13] Amnesty International, Qatar World Cup 2022: Exploitation of Migrant Workers Is a Stain on FIFA’s Legacy, Amnesty International (Nov. 16, 2021), https://www.amnesty.org/en/latest/news/2021/11/qatar-world-cup-2022-exploitation-of-migrant-workers/

[14] FIFA, Say No to Racism, FIFA.com, https://www.fifa.com/social-impact/anti-discrimination (last visited Jan. 8, 2025)

[15] United Nations Office on Sport for Development and Peace, Sport for Development and Peace: A Strategic Approach, United Nations, https://www.un.org/sportfordevelopment/ (last visited Jan. 8, 2025)

[16] Amnesty International, Qatar World Cup 2022: Exploitation of Migrant Workers Is a Stain on FIFA’s Legacy, Amnesty International (Nov. 16, 2021), https://www.amnesty.org/en/latest/news/2021/11/qatar-world-cup-2022-exploitation-of-migrant-workers/.

[17] U.S. Women’s Nat’l Soccer Team v. U.S. Soccer Fed’n, Inc., 445 F. Supp. 3d 646 (C.D. Cal. 2020)

[18] Olympic Charter, Rule 50, at 90 (Int’l Olympic Comm. 2020)

[19] Tommie Smith & John Carlos Protests at 1968 Olympics, Smithsonian Nat’l Museum of African Am. Hist. & Culture, https://nmaahc.si.edu.

[20] Colin Kaepernick’s Protest against Racial Injustice, ACLU, https://aclu.org.

[21] Caster Semenya v. IAAF, CAS 2018/O/5794, Court of Arbitration for Sport (2019).

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