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UID:

Format: 1 Online-Ressource

ISBN: 9783031564529

Series Statement: Interdisciplinary studies in human rights 10

Additional Edition: Erscheint auch als Druck-Ausgabe, Hardcover ISBN 978-3-031-56451-2

Additional Edition: Erscheint auch als Druck-Ausgabe, Paperback ISBN 978-3-031-56454-3

Language: English

Keywords: Aufsatzsammlung

DOI: 10.1007/978-3-031-56452-9

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Author information: Ziegler, Andreas R. 1967-

Author information: Weerts, Sophie

UID:

Format: 1 online resource (355 pages)

Edition: 1st ed. 2024.

ISBN: 3-031-56452-9

Series Statement: Interdisciplinary Studies in Human Rights, 10

Content: Based on a series of themes and case studies, this book aims to illustrate the impact of sports policies and practices on individuals and their identities, and to analyze the potential solutions offered by International human rights law (IHRL) for these infringements. It bridges the gap between IHRL and sports studies, and will be useful to scholars in both fields, especially those unfamiliar with each other’s work. Furthermore, by investigating the context of sport and its governance, this collection offers a series of valuable insights, enabling the development of an interpretation of ‘law in context’ for legal scholars in the field of human rights. As the governance and regulation of sport are seen as illustrations of other forms of normativity, this book also contributes to the conversation about the transnational dimension of law and legal orders. In this respect, it illustrates that normative autonomy in the field of sport, associated with the idea of lex sportiva,tends to be relative regarding IHRL. The sporting environment is not disconnected from major contemporary social issues: it constitutes a public space in which injustices can be denounced, but also the theater in which prejudices are perpetuated against various parties, such as athletes or workers. IHRL commonly addresses attacks on individual dignity and social justice issues by guaranteeing rights to individuals and offering them protection mechanisms. In this context, can IHRL solve the problems encountered in the sporting environment? This is the question that animates this volume. This is an open access book.

Note: Introduction -- ‘But you’re ok…’ British South Asians and Regulatory Barriers to Participation in Sport -- Gendered Athletes in Sports: CEDAW’s role in tackling heterosexist and racialized uniforms in sports -- #MeToo, Sport, and Women: Foul, Own Goal, or Touchdown? Online abuse of women in sport as a contemporary issue -- Hormonal eligibility criteria in women’s professional sports under the ECHR: The case of Caster Semenya v. Switzerland -- Filipinos first? Exploring xenophobia and its legal remedies in Philippine amateur basketball -- Respecting the Right to Nationality in International Sport -- Athlete Activism at the Olympics: Challenging the legality of Rule 50 as a restriction on freedom of expression -- The incompatibility of banning political speech in sports with the right to freedom of expression under the European Convention on Human Rights -- Freedom of Expression of Athletes and Players: The Current and Potential Role of the European Court ofHuman Rights as a Watchdog in Sport -- The Court of Arbitration for Sport under Human Rights Scrutiny: The role of the Swiss Federal Tribunal and the European Court of Human Rights -- Conceptualizing the right to sport: Why should trivial participation in sport be regarded as a human right?

Additional Edition: ISBN 3-031-56451-0

Language: English

DOI: 10.1007/978-3-031-56452-9

UID:

Format: 1 online resource (355 pages)

Edition: 1st ed.

ISBN: 3-031-56452-9

Series Statement: Interdisciplinary Studies in Human Rights Series ; v.10

Note: Intro -- Contents -- Editors and Contributors -- Introduction -- 1 The `Autonomy´ of Sports Governing Bodies -- 2 Sport, Sports Governing Bodies and Athletes in International Human Rights -- 3 The Swiss Connection of Sports Governing Bodies -- 4 Overview of Chapters -- References -- `But you´re ok´ British South Asians and Regulatory Barriers to Participation in Sport -- 1 Introduction -- 2 Race and Cricket -- 3 British South Asians -- 4 Lived Experience -- 5 Sport Inclusion Strategies -- 6 Law as an Effective Tool or Barrier -- 7 Conclusion -- References -- Gendered Athletes in Sports: CEDAW´s Role in Tackling Heterosexist and Racialized Uniforms in Sports -- 1 Introduction -- 2 The Gendered Sporting System -- 3 Heterosexist and Racialized Clothing Regulations -- 4 International Human Rights Law and Gendered Clothing Regulations -- 4.1 Mechanisms: How to Use CEDAW to Address Gender Discrimination in Sports -- 4.2 Recourse to CEDAW: Questions of Jurisdiction -- 4.3 Due Diligence Obligations: Regulating the Actions of Sports Federations -- 4.4 De Facto Equality: Sports as an Unequal Practice -- 4.5 Stereotyping: Tackling the Gender Binary in Sports Through CEDAW Article 5 -- 4.6 Intersectionality: Tackling Multiple Forms of Discrimination in Sports -- 5 Conclusion -- References -- #MeToo, Sport, and Women: Foul, Own Goal, or Touchdown? Online Abuse of Women in Sport as a Contemporary Issue -- 1 Introduction -- 2 Online Abuse of Women in Sport: The Problem -- 2.1 Toxic, Masculine Culture -- 2.2 The Impact of Online Abuse on Sportswomen -- 2.3 Online Harms, OVAW and Sports Regulation: Towards a Level Playing Field? -- 3 A Safer Internet for Women: Responses, Reactions and Rehabilitation? -- 3.1 Legal Responses vs. Governing Bodies´ Obligations? -- 3.2 Online Safety and Content Moderation -- 4 Sport and #MeToo: A Watershed Moment?. , 5 Conclusion: Foul, Own Goal, Touchdown? -- References -- Hormonal Eligibility Criteria in Women´s Professional Sports Under the ECHR: The Case of Caster Semenya v. Switzerland -- 1 Introduction -- 2 Hormonal Eligibility Criteria in Women´s Professional Sports in Context -- 2.1 Persisting Structural Sex and Gender Discrimination in Sports -- 2.2 Intersectionality and Racialized Constructions of Womanhood -- 2.3 The Erroneous Universality of Binary Sex and Rising International Attention for the Bodily Integrity of Persons with VSC -- 2.4 HEC for Women´s Sports Competitions and Their Scientific Basis -- 3 Hormonal Eligibility Requirements as Inhuman and Degrading Treatment Under Article 3 ECHR -- 4 Positive Obligations Under Article 8 ECHR in the Context of Hormonal Eligibility Requirements -- 4.1 Scope of the State´s Positive Obligation and Margin of Appreciation -- 4.2 Balance Between General Interests and Private Interests in Cases Concerning HEC for Sports Competitions -- 4.2.1 The General Interest of Ensuring Fairness in Sports -- 4.2.2 The Lack of Meaningful Informed Consent to Medical (Hormonal) Treatment -- 4.2.3 Impact on an Athlete´s Access to Chosen Profession -- 5 HEC and (Intersectional) Discrimination Under the ECHR -- 5.1 Discrimination on the Basis of Sex Characteristics -- 5.2 Intersectional Discrimination on the Basis of Gender, Race, and Sexual Orientation -- 6 Conclusion -- References -- Filipinos First? Exploring Xenophobia and Its Legal Remedies in Philippine Amateur Basketball -- 1 Introduction -- 2 Introduction to Philippine Basketball -- 3 Philippine Basketball Policies and Regulation -- 4 Impact of Discriminatory Treatment on FSAs -- 4.1 Legal Remedies for FSA Discrimination -- 5 Conclusion -- References -- Respecting the Right to Nationality in International Sport -- 1 Introduction. , 2 Classification on the Basis of Nationality -- 2.1 The Nationality Classification System in International Sport -- 2.2 The Prohibition of Discrimination on the Basis of Nationality -- 3 Multiple Nationalities and Change of Nationality -- 3.1 Election and Change of Nationality Rules -- 3.2 The Right to a Nationality -- 3.3 The Right to Change Nationality -- 3.4 Change of Nationality and the Prohibition of National Origin Discrimination -- 4 Legitimacy and Proportionality of Nationality Rules -- 4.1 Identifying Possible Legitimate Aims of Nationality Rules -- 4.2 Assessing the Proportionality of Nationality Rules -- 5 Conclusion -- Cases and Documents -- References -- Athlete Activism at the Olympics: Challenging the Legality of Rule 50 as a Restriction on Freedom of Expression -- 1 The Rise of Athlete Activism -- 2 Athlete Activism at the Olympic Games -- 3 The Evolution of the Restrictions Imposed on Athlete Activism at the Olympic Games -- 4 The Re-Emergence of the Athlete Activist and the IOC´s Rule 50 Guidance -- 5 The application of Rule 50 at Tokyo 2020 -- 5.1 Clear Breaches of Rule 50 -- 5.2 Apparent Breaches of Rule 50, But No Action Taken -- 5.3 No breach of Rule 50 -- 6 The Different Routes to Challenging a Punishment for Breaching Rule 50 -- 7 Does the Application of Rule 50 to Athlete Activism at Tokyo 2020 Breach Article 10 ECHR? -- 7.1 Is Rule 50 an Interference with the Athlete´s Freedom of Expression? -- 7.2 Is the Interference Caused by Rule 50 Prescribed by Law? -- 7.3 Does the Interference Caused by Rule 50 Serve a Legitimate Aim? -- 7.4 Is the Interference Caused by Rule 50 Necessary and Proportionate in a Democratic Society to Achieve the Legitimate Aim? -- 7.5 Does Rule 50 Unlawfully Interfere with Athletes´ Freedom of Expression? -- 8 Conclusion -- Case List -- Court of Arbitration for Sport -- European Court of Human Rights. , Swiss Federal Supreme Court -- US District Court for the District of Oregon -- References -- The Incompatibility of Banning Political Speech in Sports with the Right to Freedom of Expression Under the European Conventio... -- 1 Introduction -- 2 The Nature and Extent of the Blanket Ban on Political Speech in Sports -- 2.1 The International Arena -- 2.2 Turkish Football -- 2.3 Categorical Ban on Political Statements as a Universal Standard of Sports Governance -- 2.3.1 Personal Scope of Ban -- 2.3.2 Material Scope of Ban -- 2.3.3 Medium and Form-Related Scope of Ban -- 2.3.4 Spatial Scope of Ban -- 2.3.5 Temporal Scope of Ban -- 2.3.6 SGBs That Have Adopted a Ban on Political Speech -- 2.3.7 Intermediate Result -- 3 Response of ECtHR to the Problem: Naki Case -- 3.1 Freedom of Expression Cases Before ECtHR in the Context of Sport -- 3.1.1 Kevin Maguire v. The United Kingdom -- 3.1.2 Simunic v. Croatia -- 3.1.3 Sedat Doğan v. Turkey, lbrahim Tokmak v. Turkey, and A.M. v. Turkey -- 3.2 Naki Case -- 4 Insufficiency of the ECtHR´s Procedural Review Approach in the Naki Case -- 4.1 Weakness of the Procedural Review -- 4.2 Total Ban on Political Speech Does Not Meet Clarity, Certainty, and Foreseeability Criteria -- 4.3 Interference (Total Ban) Does Not Pursue Legitimate Aims -- 4.4 Proportionality of Total Ban on Political Speech -- 5 Implications of ECtHR´s Rulings Concerning Freedom of Expression in Sports -- 5.1 Rulings Involving Türkiye -- 5.1.1 Subjective Effects: Rulings of ECtHR as a Retrial Reason in Turkish Sports Law -- 5.1.2 Objective Effects of ECtHR Rulings -- 5.2 Effects on General Sports Law and Governance -- 6 Conclusion: Opening Pandora´s Box for Sports Law -- References -- Freedom of Expression of Athletes and Players: The Current and Potential Role of the European Court of Human Rights as a Watch... -- 1 Introduction. , 2 The Issues Decided by the ECtHR so Far -- 2.1 The Simunić Case: The Limits of Freedom of Expression -- 2.2 Three Judgments Against Turkey Delivered on 18 May 2021: Confirmation of a Procedural Approach -- 2.3 Conclusion of Part 1 -- 3 Political Neutrality in Sport and Potential Conflicts with Article 10 ECHR -- 3.1 Preliminary Observations -- 3.2 The Principle of Political Neutrality -- 3.3 Theoretical Considerations -- 3.3.1 Margin of Appreciation Doctrine -- 3.3.2 Narrow Margin of Appreciation Regarding Matters of Public Interest -- 3.3.3 Increased `Duties and Responsibilities´ of Athletes Due to Their Social Status -- 3.4 Case Study: Comparison Between the CAS and the ECtHR Approach Regarding Calls for Boycott -- 4 Conclusion -- References -- The Court of Arbitration for Sport under Human Rights Scrutiny: The Role of the Swiss Federal Tribunal and the European Court ... -- 1 Introduction -- 2 The SFT´s Handling of Human Rights Claims with Respect to CAS Awards -- 2.1 Setting the Scene: SFT´s Review of International Arbitral Awards -- 2.2 Human Rights Jurisprudence Leaking Into SFT Decisions -- 2.3 Procedural Requirements of Fair Trial According to Art. 6 ECHR -- 2.4 Application of Substantive Safeguards of the ECHR -- 2.5 Personality Rights as a Counterpart to Human Rights in Private Relationships -- 3 The CAS at the ECtHR -- 3.1 The Road to Strasbourg: Switzerland´s Responsibility for the CAS -- 3.2 Assessing the Compatibility of CAS Proceedings with the ECHR: The Mutu and Pechstein Judgment -- 3.2.1 The CAS Arbitration Clause as an Insufficient Waiver of the Safeguards of Article 6(1) ECHR -- 3.2.2 The Independence and Impartiality of the CAS -- 3.2.3 The Publicity of CAS Hearings -- 3.3 Assessing the Compatibility of CAS Awards with the ECHR: The Platini and Semenya Cases. , 3.3.1 The Platini Decision: Granting Switzerland a Broad Margin of Appreciation in Its Review of CAS Awards.

Additional Edition: ISBN 3-031-56451-0

Language: English

UID:

Format: 1 online resource (355 p.).

ISBN: 9783031564529 , 3031564529

Series Statement: Interdisciplinary Studies in Human Rights Series ; v.10

Note: Description based upon print version of record. , 4.2.1 The General Interest of Ensuring Fairness in Sports , Intro -- Contents -- Editors and Contributors -- Introduction -- 1 The `Autonomy ́of Sports Governing Bodies -- 2 Sport, Sports Governing Bodies and Athletes in International Human Rights -- 3 The Swiss Connection of Sports Governing Bodies -- 4 Overview of Chapters -- References -- `But youŕe ok ́British South Asians and Regulatory Barriers to Participation in Sport -- 1 Introduction -- 2 Race and Cricket -- 3 British South Asians -- 4 Lived Experience -- 5 Sport Inclusion Strategies -- 6 Law as an Effective Tool or Barrier -- 7 Conclusion -- References , Gendered Athletes in Sports: CEDAWś Role in Tackling Heterosexist and Racialized Uniforms in Sports -- 1 Introduction -- 2 The Gendered Sporting System -- 3 Heterosexist and Racialized Clothing Regulations -- 4 International Human Rights Law and Gendered Clothing Regulations -- 4.1 Mechanisms: How to Use CEDAW to Address Gender Discrimination in Sports -- 4.2 Recourse to CEDAW: Questions of Jurisdiction -- 4.3 Due Diligence Obligations: Regulating the Actions of Sports Federations -- 4.4 De Facto Equality: Sports as an Unequal Practice , 4.5 Stereotyping: Tackling the Gender Binary in Sports Through CEDAW Article 5 -- 4.6 Intersectionality: Tackling Multiple Forms of Discrimination in Sports -- 5 Conclusion -- References -- #MeToo, Sport, and Women: Foul, Own Goal, or Touchdown? Online Abuse of Women in Sport as a Contemporary Issue -- 1 Introduction -- 2 Online Abuse of Women in Sport: The Problem -- 2.1 Toxic, Masculine Culture -- 2.2 The Impact of Online Abuse on Sportswomen -- 2.3 Online Harms, OVAW and Sports Regulation: Towards a Level Playing Field? -- 3 A Safer Internet for Women: Responses, Reactions and Rehabilitation? , 3.1 Legal Responses vs. Governing Bodies ́Obligations? -- 3.2 Online Safety and Content Moderation -- 4 Sport and #MeToo: A Watershed Moment? -- 5 Conclusion: Foul, Own Goal, Touchdown? -- References -- Hormonal Eligibility Criteria in Womenś Professional Sports Under the ECHR: The Case of Caster Semenya v. Switzerland -- 1 Introduction -- 2 Hormonal Eligibility Criteria in Womenś Professional Sports in Context -- 2.1 Persisting Structural Sex and Gender Discrimination in Sports -- 2.2 Intersectionality and Racialized Constructions of Womanhood , 2.3 The Erroneous Universality of Binary Sex and Rising International Attention for the Bodily Integrity of Persons with VSC -- 2.4 HEC for Womenś Sports Competitions and Their Scientific Basis -- 3 Hormonal Eligibility Requirements as Inhuman and Degrading Treatment Under Article 3 ECHR -- 4 Positive Obligations Under Article 8 ECHR in the Context of Hormonal Eligibility Requirements -- 4.1 Scope of the Stateś Positive Obligation and Margin of Appreciation -- 4.2 Balance Between General Interests and Private Interests in Cases Concerning HEC for Sports Competitions

Additional Edition: Print version: Boillet, Véronique Sports and Human Rights Cham : Springer International Publishing AG,c2024 ISBN 9783031564512

Language: English

URL: Click here to view book

UID:

Format: XIII, 345 p. 3 illus. , online resource.

Edition: 1st ed. 2024.

ISBN: 9783031564529

Series Statement: Interdisciplinary Studies in Human Rights, 10

Content: Based on a series of themes and case studies, this book aims to illustrate the impact of sports policies and practices on individuals and their identities, and to analyze the potential solutions offered by International human rights law (IHRL) for these infringements. It bridges the gap between IHRL and sports studies, and will be useful to scholars in both fields, especially those unfamiliar with each other's work. Furthermore, by investigating the context of sport and its governance, this collection offers a series of valuable insights, enabling the development of an interpretation of 'law in context' for legal scholars in the field of human rights. As the governance and regulation of sport are seen as illustrations of other forms of normativity, this book also contributes to the conversation about the transnational dimension of law and legal orders. In this respect, it illustrates that normative autonomy in the field of sport, associated with the idea of lex sportiva,tends to be relative regarding IHRL. The sporting environment is not disconnected from major contemporary social issues: it constitutes a public space in which injustices can be denounced, but also the theater in which prejudices are perpetuated against various parties, such as athletes or workers. IHRL commonly addresses attacks on individual dignity and social justice issues by guaranteeing rights to individuals and offering them protection mechanisms. In this context, can IHRL solve the problems encountered in the sporting environment? This is the question that animates this volume. This is an open access book.

Note: Introduction -- 'But you're ok...' British South Asians and Regulatory Barriers to Participation in Sport -- Gendered Athletes in Sports: CEDAW's role in tackling heterosexist and racialized uniforms in sports -- #MeToo, Sport, and Women: Foul, Own Goal, or Touchdown? Online abuse of women in sport as a contemporary issue -- Hormonal eligibility criteria in women's professional sports under the ECHR: The case of Caster Semenya v. Switzerland -- Filipinos first? Exploring xenophobia and its legal remedies in Philippine amateur basketball -- Respecting the Right to Nationality in International Sport -- Athlete Activism at the Olympics: Challenging the legality of Rule 50 as a restriction on freedom of expression -- The incompatibility of banning political speech in sports with the right to freedom of expression under the European Convention on Human Rights -- Freedom of Expression of Athletes and Players: The Current and Potential Role of the European Court ofHuman Rights as a Watchdog in Sport -- The Court of Arbitration for Sport under Human Rights Scrutiny: The role of the Swiss Federal Tribunal and the European Court of Human Rights -- Conceptualizing the right to sport: Why should trivial participation in sport be regarded as a human right?

In: Springer Nature eBook

Additional Edition: Printed edition: ISBN 9783031564512

Additional Edition: Printed edition: ISBN 9783031564536

Additional Edition: Printed edition: ISBN 9783031564543

Language: English

DOI: 10.1007/978-3-031-56452-9

URL: https://doi.org/10.1007/978-3-031-56452-9

UID:

Format: 1 online resource (355 pages)

Edition: 1st ed.

ISBN: 9783031564529

Series Statement: Interdisciplinary Studies in Human Rights Series ; v.10

Note: Intro -- Contents -- Editors and Contributors -- Introduction -- 1 The `Autonomy ́of Sports Governing Bodies -- 2 Sport, Sports Governing Bodies and Athletes in International Human Rights -- 3 The Swiss Connection of Sports Governing Bodies -- 4 Overview of Chapters -- References -- `But youŕe ok ́British South Asians and Regulatory Barriers to Participation in Sport -- 1 Introduction -- 2 Race and Cricket -- 3 British South Asians -- 4 Lived Experience -- 5 Sport Inclusion Strategies -- 6 Law as an Effective Tool or Barrier -- 7 Conclusion -- References -- Gendered Athletes in Sports: CEDAWś Role in Tackling Heterosexist and Racialized Uniforms in Sports -- 1 Introduction -- 2 The Gendered Sporting System -- 3 Heterosexist and Racialized Clothing Regulations -- 4 International Human Rights Law and Gendered Clothing Regulations -- 4.1 Mechanisms: How to Use CEDAW to Address Gender Discrimination in Sports -- 4.2 Recourse to CEDAW: Questions of Jurisdiction -- 4.3 Due Diligence Obligations: Regulating the Actions of Sports Federations -- 4.4 De Facto Equality: Sports as an Unequal Practice -- 4.5 Stereotyping: Tackling the Gender Binary in Sports Through CEDAW Article 5 -- 4.6 Intersectionality: Tackling Multiple Forms of Discrimination in Sports -- 5 Conclusion -- References -- #MeToo, Sport, and Women: Foul, Own Goal, or Touchdown? Online Abuse of Women in Sport as a Contemporary Issue -- 1 Introduction -- 2 Online Abuse of Women in Sport: The Problem -- 2.1 Toxic, Masculine Culture -- 2.2 The Impact of Online Abuse on Sportswomen -- 2.3 Online Harms, OVAW and Sports Regulation: Towards a Level Playing Field? -- 3 A Safer Internet for Women: Responses, Reactions and Rehabilitation? -- 3.1 Legal Responses vs. Governing Bodies ́Obligations? -- 3.2 Online Safety and Content Moderation -- 4 Sport and #MeToo: A Watershed Moment?. , 5 Conclusion: Foul, Own Goal, Touchdown? -- References -- Hormonal Eligibility Criteria in Womenś Professional Sports Under the ECHR: The Case of Caster Semenya v. Switzerland -- 1 Introduction -- 2 Hormonal Eligibility Criteria in Womenś Professional Sports in Context -- 2.1 Persisting Structural Sex and Gender Discrimination in Sports -- 2.2 Intersectionality and Racialized Constructions of Womanhood -- 2.3 The Erroneous Universality of Binary Sex and Rising International Attention for the Bodily Integrity of Persons with VSC -- 2.4 HEC for Womenś Sports Competitions and Their Scientific Basis -- 3 Hormonal Eligibility Requirements as Inhuman and Degrading Treatment Under Article 3 ECHR -- 4 Positive Obligations Under Article 8 ECHR in the Context of Hormonal Eligibility Requirements -- 4.1 Scope of the Stateś Positive Obligation and Margin of Appreciation -- 4.2 Balance Between General Interests and Private Interests in Cases Concerning HEC for Sports Competitions -- 4.2.1 The General Interest of Ensuring Fairness in Sports -- 4.2.2 The Lack of Meaningful Informed Consent to Medical (Hormonal) Treatment -- 4.2.3 Impact on an Athleteś Access to Chosen Profession -- 5 HEC and (Intersectional) Discrimination Under the ECHR -- 5.1 Discrimination on the Basis of Sex Characteristics -- 5.2 Intersectional Discrimination on the Basis of Gender, Race, and Sexual Orientation -- 6 Conclusion -- References -- Filipinos First? Exploring Xenophobia and Its Legal Remedies in Philippine Amateur Basketball -- 1 Introduction -- 2 Introduction to Philippine Basketball -- 3 Philippine Basketball Policies and Regulation -- 4 Impact of Discriminatory Treatment on FSAs -- 4.1 Legal Remedies for FSA Discrimination -- 5 Conclusion -- References -- Respecting the Right to Nationality in International Sport -- 1 Introduction. , 2 Classification on the Basis of Nationality -- 2.1 The Nationality Classification System in International Sport -- 2.2 The Prohibition of Discrimination on the Basis of Nationality -- 3 Multiple Nationalities and Change of Nationality -- 3.1 Election and Change of Nationality Rules -- 3.2 The Right to a Nationality -- 3.3 The Right to Change Nationality -- 3.4 Change of Nationality and the Prohibition of National Origin Discrimination -- 4 Legitimacy and Proportionality of Nationality Rules -- 4.1 Identifying Possible Legitimate Aims of Nationality Rules -- 4.2 Assessing the Proportionality of Nationality Rules -- 5 Conclusion -- Cases and Documents -- References -- Athlete Activism at the Olympics: Challenging the Legality of Rule 50 as a Restriction on Freedom of Expression -- 1 The Rise of Athlete Activism -- 2 Athlete Activism at the Olympic Games -- 3 The Evolution of the Restrictions Imposed on Athlete Activism at the Olympic Games -- 4 The Re-Emergence of the Athlete Activist and the IOCś Rule 50 Guidance -- 5 The application of Rule 50 at Tokyo 2020 -- 5.1 Clear Breaches of Rule 50 -- 5.2 Apparent Breaches of Rule 50, But No Action Taken -- 5.3 No breach of Rule 50 -- 6 The Different Routes to Challenging a Punishment for Breaching Rule 50 -- 7 Does the Application of Rule 50 to Athlete Activism at Tokyo 2020 Breach Article 10 ECHR? -- 7.1 Is Rule 50 an Interference with the Athleteś Freedom of Expression? -- 7.2 Is the Interference Caused by Rule 50 Prescribed by Law? -- 7.3 Does the Interference Caused by Rule 50 Serve a Legitimate Aim? -- 7.4 Is the Interference Caused by Rule 50 Necessary and Proportionate in a Democratic Society to Achieve the Legitimate Aim? -- 7.5 Does Rule 50 Unlawfully Interfere with Athletes ́Freedom of Expression? -- 8 Conclusion -- Case List -- Court of Arbitration for Sport -- European Court of Human Rights. , Swiss Federal Supreme Court -- US District Court for the District of Oregon -- References -- The Incompatibility of Banning Political Speech in Sports with the Right to Freedom of Expression Under the European Conventio... -- 1 Introduction -- 2 The Nature and Extent of the Blanket Ban on Political Speech in Sports -- 2.1 The International Arena -- 2.2 Turkish Football -- 2.3 Categorical Ban on Political Statements as a Universal Standard of Sports Governance -- 2.3.1 Personal Scope of Ban -- 2.3.2 Material Scope of Ban -- 2.3.3 Medium and Form-Related Scope of Ban -- 2.3.4 Spatial Scope of Ban -- 2.3.5 Temporal Scope of Ban -- 2.3.6 SGBs That Have Adopted a Ban on Political Speech -- 2.3.7 Intermediate Result -- 3 Response of ECtHR to the Problem: Naki Case -- 3.1 Freedom of Expression Cases Before ECtHR in the Context of Sport -- 3.1.1 Kevin Maguire v. The United Kingdom -- 3.1.2 Simunic v. Croatia -- 3.1.3 Sedat Doğan v. Turkey, lbrahim Tokmak v. Turkey, and A.M. v. Turkey -- 3.2 Naki Case -- 4 Insufficiency of the ECtHRś Procedural Review Approach in the Naki Case -- 4.1 Weakness of the Procedural Review -- 4.2 Total Ban on Political Speech Does Not Meet Clarity, Certainty, and Foreseeability Criteria -- 4.3 Interference (Total Ban) Does Not Pursue Legitimate Aims -- 4.4 Proportionality of Total Ban on Political Speech -- 5 Implications of ECtHRś Rulings Concerning Freedom of Expression in Sports -- 5.1 Rulings Involving Türkiye -- 5.1.1 Subjective Effects: Rulings of ECtHR as a Retrial Reason in Turkish Sports Law -- 5.1.2 Objective Effects of ECtHR Rulings -- 5.2 Effects on General Sports Law and Governance -- 6 Conclusion: Opening Pandoraś Box for Sports Law -- References -- Freedom of Expression of Athletes and Players: The Current and Potential Role of the European Court of Human Rights as a Watch... -- 1 Introduction. , 2 The Issues Decided by the ECtHR so Far -- 2.1 The Simunić Case: The Limits of Freedom of Expression -- 2.2 Three Judgments Against Turkey Delivered on 18 May 2021: Confirmation of a Procedural Approach -- 2.3 Conclusion of Part 1 -- 3 Political Neutrality in Sport and Potential Conflicts with Article 10 ECHR -- 3.1 Preliminary Observations -- 3.2 The Principle of Political Neutrality -- 3.3 Theoretical Considerations -- 3.3.1 Margin of Appreciation Doctrine -- 3.3.2 Narrow Margin of Appreciation Regarding Matters of Public Interest -- 3.3.3 Increased `Duties and Responsibilities ́of Athletes Due to Their Social Status -- 3.4 Case Study: Comparison Between the CAS and the ECtHR Approach Regarding Calls for Boycott -- 4 Conclusion -- References -- The Court of Arbitration for Sport under Human Rights Scrutiny: The Role of the Swiss Federal Tribunal and the European Court ... -- 1 Introduction -- 2 The SFTś Handling of Human Rights Claims with Respect to CAS Awards -- 2.1 Setting the Scene: SFTś Review of International Arbitral Awards -- 2.2 Human Rights Jurisprudence Leaking Into SFT Decisions -- 2.3 Procedural Requirements of Fair Trial According to Art. 6 ECHR -- 2.4 Application of Substantive Safeguards of the ECHR -- 2.5 Personality Rights as a Counterpart to Human Rights in Private Relationships -- 3 The CAS at the ECtHR -- 3.1 The Road to Strasbourg: Switzerlandś Responsibility for the CAS -- 3.2 Assessing the Compatibility of CAS Proceedings with the ECHR: The Mutu and Pechstein Judgment -- 3.2.1 The CAS Arbitration Clause as an Insufficient Waiver of the Safeguards of Article 6(1) ECHR -- 3.2.2 The Independence and Impartiality of the CAS -- 3.2.3 The Publicity of CAS Hearings -- 3.3 Assessing the Compatibility of CAS Awards with the ECHR: The Platini and Semenya Cases. , 3.3.1 The Platini Decision: Granting Switzerland a Broad Margin of Appreciation in Its Review of CAS Awards.

Additional Edition: Print version: Boillet, Véronique Sports and Human Rights Cham : Springer International Publishing AG,c2024 ISBN 9783031564512

Language: English

Keywords: Electronic books.

URL: Click to View