Abstract
Sport operates within a complex legal framework of international, transnational, and national norms. The intersection of sports and human rights involves Sporting Governing Bodies (SGBs), international institutions like the United Nations, and domestic constitutional frameworks. While scholars have analyzed these relationships, Latin America remains largely absent from discussions. However, the region offers a unique approach to addressing human rights abuses in sports, particularly football. Over the past 40 years, Latin America has undergone constitutional transformations that explicitly recognize the right to practice sports and grant constitutional status to human rights treaties. This allows individuals to seek constitutional remedies for sports-related rights violations rather than relying solely on private law. Despite these advancements, the region’s contributions remain overlooked. This neglect stems from a narrow research focus on mega-events, professional sports, and key adjudicatory bodies like the Court of Arbitration for Sport (CAS), the Swiss Federal Tribunal, and the European Courts of Human Rights and Justice. The role of human rights bodies and constitutional frameworks, especially in the Global South, is often ignored. This paper reviews over 150 constitutional decisions from Latin American courts, establishing a duty for both the State and SGBs to protect human rights in sports. Courts emphasize balancing sports autonomy with State regulation, ensuring broader constitutional protections than private law. Unlike CAS, which prioritizes SGB regulations and Swiss law, Latin American courts center rights and effective enjoyment, integrating constitutional principles into sports dispute resolution.
Presenters
Ariel DulitzkyClinical Professor of Law, School of Law, University of Texas at Austin, School of Law, Human Rights Clinic, Texas, United States
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Sporting Cultures and Identities
KEYWORDS
Human Rights Sports adjudication Latin America
