The European Court of Human Rights and FIFA

Rietiker, Daniel

doi:10.1163/26663236-00101002

Cited by 4 publications

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“…In the ECHR system, victims of violence and discrimination may bring their claims under different provisions (Rietiker 2019). Article 2 protects the right to life and Article 3 prohibits torture, inhuman, or degrading treatment.…”

Section: Provisions Principles and Argumentative Tools In Anti-romani...mentioning

confidence: 99%

“…By highlighting in these cases that historical prejudice and stigmatization may make people of Romani origin particularly vulnerable to certain human rights violations, the Court has issued some ground-breaking Roma rights judgements. In another area, however, that concerns the most devastating manifestation of anti-Romani discrimination, namely, where the victims' life or physical safety is violated within the scope the European Convention on Human Rights, Article 2 (right to life) [6] or Article 3 (prohibition of torture) [7] by the state itself, the results are strikingly different (Dembour 2009;Möschel 2014, 150-2;Möschel and Rubio-Marin 2015;Mačkić 2017;Rietiker 2019).…”

Section: Introductionmentioning

confidence: 99%

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Untitled

2024

CRS

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The European Court of Human Rights has issued judgements that condemn negative stereotypes and protect vulnerable groups from discrimination. Paradoxically, in cases where the victims' bodily integrity is violated in a racist context, the Court has a particularly dubious record of fully engaging with the discrimination aspect of the complaints. This article analyses five illustrative cases where evidentiary materials indicate the authorities held strong prejudices against Romani victims of police violence. Through the lens of vulnerability and anti-stereotyping, the article examines how the Court responds to the presence of negative stereotypes in anti-Romani police violence cases. It shows that the Court's engagement with stereotypes in these cases is inconsistent. The article suggests that a more conscious engagement with the wider societal context of anti-Romani police violence could strengthen the Court's stance against harmful Romaphobic stereotyping.'Purely Gypsy Behaviour': Interpreting Negative Stereotypes in Racist Police Violence Cases at the European Court of Human Rights abuse. [9] To paint a picture with the Court's own judgements, over 10 incidents resulted in the death of Romani people at the hands of police, [10] a further 7 cases concerned life-threatening situations, [11] and over 20 complaints arose from the abuse of Romani men, [12] women, [13] even children, [14] and sometimes whole families. [15] In the majority of the case law the impression of a hostile, anti-Romani climate is clear; however, hard evidence of it, which the Court tends to look for, hardly exists. [16] This is why the Court rarely found a state explicitly responsible for anti-Romani [17] police misconduct. [18] This article submits that negative stereotypes often play a key role in anti-Romani violence, and their presence in a case file therefore could prompt the Court to pay particular attention to these in its assessments.

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Section: Provisions Principles and Argumentative Tools In Anti-romani...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Untitled

2024

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Human Rights in Sports Arbitration: What Should the Court of Arbitration for Sport do for Protecting Human Rights in Sports?

Shinohara

2023

Liverpool Law Rev

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Sports governing bodies establish their sporting rules and regulations. Nevertheless, they confront a complex question concerning whether a female athlete who inherently possesses an advantageous quantity of testosterone may participate in female athletic competitions. In Caster Semenya and Athletics South Africa (ASA) v. IAAF, the Court of Arbitration for Sport (CAS) held that she could not participate in female sports events because “the elevated testosterone levels that such athletes possess can create an insuperable advantage over other female athletes who do not have a 46 XY DSD condition”. Consequently, the CAS ruled that she would no longer be eligible to compete in professional female competitions. In this scenario, the primary focus of this article is to examine how the CAS should address human rights-related issues, even though it is not a human rights court like the European Court of Human Rights (ECtHR) but rather an arbitral tribunal. To achieve this purpose, this article will address the following questions: (1) How can athletes claim a violation of their human rights before the CAS?; and (2) What steps should the CAS take to safeguard human rights in sports? Through this research, it may serve to identify the CAS’s role in human rights protection in sports.

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Physical and sexual abuse against young athletes in sport in light of article 8 of the European Convention on Human Rights (ECHR)

Shinohara

2021

Int Sports Law J

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Numerous young athletes have suffered from physical and sexual abuse at the hands of their coaches. Despite this, the European Court of Human Rights (ECtHR) has never dealt with a violation of child rights under the European Convention on Human Rights (ECHR) in the case of physical and sexual abuse in sport. In this situation, a question that may arise is how young athletes can argue a violation of their substantive rights under the Convention before the ECtHR in the case of such abuses? In this regard, the right to physical and mental integrity under Articles 10 (2) and 27 (2) of the Swiss Federal Constitution (SFC) as well as the prohibition of an excessive limitation of personal freedom under Article 27 (2) of the Swiss Civil Code (SCC) may play an essential role to build a bridge between the Convention rights and the fundamental human rights under national law in light of the SFT’s precedents within the meaning of substantive public policy under Article 190 (2) (e) of the Swiss Private International Law Act (PILA). Although the International Federations (IFs) have not recognised a legal standing of young athletes suffering from physical and sexual abuse, state parties to the ECHR must implement positive obligations under Article 8 (1) of the ECHR to take necessary measures to protect young athletes against such abuses by non-state actors and may require sports governing bodies within the jurisdiction to comply with Article 8 (1)’s obligations. Accordingly, this article might serve to clarify a duty of sports governing bodies to protect young athletes against such abuses through a lens of the ECHR.

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The European Court of Human Rights and FIFA

Cited by 4 publications

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Human Rights in Sports Arbitration: What Should the Court of Arbitration for Sport do for Protecting Human Rights in Sports?

Physical and sexual abuse against young athletes in sport in light of article 8 of the European Convention on Human Rights (ECHR)

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