The rights of athletes and players: The role of the European Court of Human Rights in adjudicating global sports disputes

Top-level athletes and players undoubtedly enjoy privileges and a high social recognition, but it is less known that their special status imposes on them also far-reaching additional duties and restrictions. For example, the Olympic Charter limits political and other speech to a large extent. Moreover, instead of bringing their contract, or disciplinary disputes before ordinary courts, they are expected to agree on particular arbitration proceedings, which do not offer all the guarantees of fair trial. This raises the question whether these restrictions can be justified and whether human rights bodies should have a role to play in examining their lawfulness.

This talk aims at contextualizing the current and potential case law of the European Court of Human Rights in the field of athletes’ rights, in particular concerning the right to fair trial, freedom of expression and religion, as well as discrimination based on various grounds. Remarkably, the jurisdiction of the Court is not limited to European athletes and players.