Sport and Human Rights

Note: The following was co-authored by Providence Associates Jane Fischer and Pearlette Springer.

I am sure you are wondering what playing sports has to do with justice and human rights. Many of us have played a sport at some point in our lives. We remember the camaraderie and the thrill of winning and being a team player. We also remember the disappointment of losing, and the struggles of injury or illness that prevented us from participating. As adults, I think it is time for us to reassess sports from an informed and practical perspective.

In our childhood, discussions about human rights, in particular, human rights in sports were rare – if at all. Concerns about the players’ freedom of expression, personal freedom and due process were usually ignored, overlooked, or dismissed as non-important. Reaching this stage where athletes know their human rights marks a significant advancement from merely exercising our physical abilities.

Today, both sports participants and spectators are informed, encouraged and supported in exercising their human rights. Topics in sports include human rights, refugees, social media and the evolution of eSports. Dr. Mary Hums from the University of Louisville Sports Administration Program says that sports can be found at the grassroots and community levels throughout our society.

We used to think of sports majors studying traditional sports and coaching. Nowadays, the curriculum has exploded into sports management – an arm of academia that reaches beyond the rules and the scoreboard. Sports managers create organizations and events that promote opportunities for all.

To understand the connection between sports, social justice and human rights, here are some concepts and terminology you need to know:

Ableism Ableism describes any prejudice, bias and discrimination directed toward people living with disabilities.

Human Rights Human rights in sports is simply the basic right to participate in any sport or physical activity.

Mega Events Mega events are large events. Multi-billion dollars are spent to create mega-events. These multi-billion-dollar events have an immediate impact on host cities and regions. Mega events are known to cause the displacement of people. The displacement of people is a human rights violation.

Sport Management Sport management is the business side of any sport. The business aspects surrounding sports organizations and sporting events include leadership, organizational behavior and culture, marketing, finance, law, facility management, fundraising, event management, multimedia, sponsorships and promotion.

Athletes Human Rights Athletes’ human rights include the freedom of expression, freedom of association, fair and equal treatment, protection from discrimination, safe environment, fair pay, remedy and privacy (U.S. Olympic & Paralympic Committee). The International Olympics Committee (IOC) says “at all times, the IOC recognizes and upholds human rights, as enshrined in both the Fundamental Principles of the Olympic Charter and the IOC Code of Ethics.”

On October 8 during a meeting of the United Nations General Assembly on human rights in sports, the Social, Humanitarian & Cultural Committee found that the “participation of biological men competing in women’s sports is a human rights issue.” However, these human rights may not hold at the local level, with the opportunity to participate or use the facilities in your hometown. Human rights in the Olympics do not govern human rights outside of the Olympic Games.

Freedom of Expression

The freedom of expression in sports is a complex issue according to the State Bar Association of Michigan. It involves balancing appropriate behavior and free speech. This would include the athletes’ rights and the role of sports management. However, not surprisingly, freedom of expression is covered in the United Nations Article 19 (Universal Declaration of Human Rights).

The Office of the High Commissioner for Human Rights is “the leading United Nations entity in the field of human rights, with a unique mandate to promote and protect all human rights for all people and to promote and protect the right to freedom of opinion and expression.” Athletes and sports participants have a platform and the opportunity to promote human rights. According to the Centre for Sports and Human Rights, “the right to freedom of expression …must be exercised responsibly. The Centre supports Remedy Systems to help tackle abuse and help affected persons.”

Freedom of expression ‘does not permit expression that incites hate or violence or that is intolerant of other individuals or groups.” A prime example of freedom of expression in sports is Colin Kaepernick. Recall the controversy and emotion when Colin Kaepernick “took a knee” during a preseason game in 2016. He later told NFL media “I am not going to stand up to show pride in a flag for a country that oppresses Black people and people of color… To me, this [kneeling] is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.”    

Personal Freedom and Access: Equity or Equality

Equity brought us the American with Disabilities Act (ADA) in July 1990. Equity falls under the umbrella of social justice, which falls under the Civil Rights Act of 1964. Equity is a human right embedded in social justice that states all people should be treated equally and fairly based on their needs. Equity is applied without discrimination, bias, or retribution.

Equality, on the other hand, is embedded in laws surrounding justice. Equality is the equal and fair treatment of all people, regardless of needs. Equality assumes that everyone has the same resources, the same mental capabilities and the same physical abilities.

The next time you are at a public facility, look around. Picture yourself with a child wanting to participate and play with their friends. Or, even better, imagine yourself in your later years and trying to climb stairs to a sports event. Ask yourself, why are there no ramps installed? Are elevators accessible? Is the door too narrow for a wheelchair? Are railings installed along walkways and staircases? Are curbs cut near the parking lots and corners?

Participation or spectating in sports has a huge, positive impact on our lives and we should not “outgrow it” or age out of it. Sports and physical activity are essential to physical, mental, and emotional well-being. Participation and spectating in sports also contribute to establishing and maintaining healthy and connected communities. Providing outlets for all to participate goes beyond team sports and includes public facilities for walking, hiking, bike riding, water parks and skateboarding. We may not need to belong to a team to be fit, but we do need to belong and be connected to the community to be healthy.