Discrimination in Sport: No More

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Discrimination in sport is a very important area of the discipline of sports law and deserves special recognition. It may give rise to race discrimination and sex discrimination. The examples from the world of sports are far too many to be ignored and it is my intention to commence today a series of different posts that will critically analyse all pertinent issues to the matter. In doing so, I would also like to invite all of you to contribute to the discussion and, where possible, to suggest solutions.

A few days ago I was instructed to look into a possible case of discrimination in sport. Having previously advised on the Caster Semenya matter, I accepted the invitation knowing that a sporting governing body may be responsible for issues of discrimination. When I started looking into the evidential background of the case, I realised that my initial fears were totally justified. The chauvinistic, stereotypical response to the complainant's grievance, has been recorded in no less than a dozen of different pieces of evidence. But this was not the only surprising aspect of the case. What 'impressed' me in a negative way, was the sheer and totally unjustified abuse of power of the relevant sporting governing body and its unlimited level of such abuse. Soon enough, you will all find out about this case that will possibly become headline news, simply because of the remarkable violations that surround it.

Character references aside, it is important for all of us to realise that a more drastic approach is required. Responsibility rests with those who were given the mandate to organise their sport and they need to ensure that those participating in sport, are entitled to a discrimination-free environment. 

Many attempts have been made, by several stakeholders, to eliminate issues of discrimination in sport. Although such efforts have to be applauded, the evidence suggests that they are simply not enough.

This is the perfect opportunity for one to criticise the inefficiency of self-regulation, given that there are now far too many different examples of discrimination in sport and not enough solutions to deal with this problem.

But criticism alone will not eliminate the problem. Action is required and such action must be drastic. FIFA has recently created a Task Force to deal with issues of discrimination in football. In theory, such effort is noble and a good first step. I am not convinced, however, that in practice, it will be enough. I hope I can be proven wrong, but the evidence so far serves to justify one's worse fears.

I am hoping to alert, with this post, public opinion and encourage a  constructive discussion. I will continue to advocate in favour of state regulation, as opposed to self-regulation, until I am convinced that sporting governing bodies are able to protect and respect those who have become the victims of discrimination in sport. Until such time, we must all raise our voice in unison and shout: 

NO MORE.....

Dr Gregory Ioannidis
17 May 2013

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