Law Involvement in Preventing Sports Discrimination - Research Paper Example

Law Involvement in Preventing Sports Discrimination al Affiliation) Introduction Shropshire argues that sports discrimination covers a variety of parameters relating to prejudices against an individual in sports. It can also be interpreted as the unequal and biased treatment of individuals in sports, which may result to their restricted access and participation in that particular sporting activity. The factors for discrimination may range from gender, sexual affiliation, religion, race, age, ethnicity and other varying factors, so long as they bar an individual from participating or accessing both sports and sporting facilities. With reference to the law, the Equal Opportunity Act of 2010 provides a better analysis of what constitutes discrimination in sports. In accordance with the statute, discrimination entails treating and or attempting to treat another person unfavorably due to a specific characteristics associated with the individual. In addition to the unfair treatment of an individual, harassment is also encompassed in what constitutes discrimination in sports (Shropshire, 1996). According to Demas, generally, harassment in sports may be characterized in terms of sexual harassment or abusive behavior. Abusive behavior has different forms and those forms are not limited to the following classifications, assault, neglect expressed through deprivation of basic utilities, emotional abuse expressed via coercion or blackmail and abuse of power, which is mainly identified between coaches, managers and the players. In terms of sexual harassment, it pertains to undesired sexual favors and advances, or unwelcome sexual misconduct displayed verbally or through writing (Demas, 2010). According to Wong, the term sport is not solely limited to playing, but it also covers the activities of referees, coaches, administrative personnel in sports and umpires. Additionally, the activities of sports are not restricted to just competitive field games, but also refer to activities that are leisurely in nature, or activities where athleticism is not mandated for participation. That is why activities like playing chess are considered sporting activities, despite their obvious lack of application of physical athleticism in order to participate (Wong, 2010). Discrimination in Sports Nazfiger et al., states that discrimination in sports takes place in varying manners, from race, health status, sexual affiliation, gender, race and even religion. However, the list of factors for discrimination are numerous, as long as they are the basis for the unfair discrimination of an individual. Discrimination also includes attempting or actively barring an individual from participating in sports and other forms of leisurely activities. Over the years, there have been numerous instances where individuals in sports have been discriminated upon .The discrimination has been founded on the social norms of that particular era, meaning that the basis for discrimination is not static since the factors are always changing (Nazfiger, 2011). According to Early, one of the greatest cases of sport discrimination in American history involves that of Magic Johnson, who was discriminated against due to his health status. In 1991, Earvin Johnson or Magic Johnson announced that he had contracted the HIV virus and who until that point, was on one of the most revered sports personalities not only in the NBA, but also in American sports history. He was adored by millions of fans across the globe for his sporting abilities and his contribution towards the popularity of the sport. However, when he decided to rejoin the profession after a short hiatus, he was met with hostilities from many fronts. For instance, there were people demanding for Johnson to be entirely barred from rejoining the sport, while others asserted that there was a profound need for the formation and enforcement of legislature mandating all professional basketball players in the NBA to disclose their HIV status via mandatory testing (Early, 2011). In addition to this discrimination, some players refused to share a locker room with him or even shake hands with him, citing fear of contracting the virus through close physical contact. During competitive sports, athletes get into close contact with each other and many feared contracting the virus through open cuts resulting from the physical nature of the sport. In one moment during the Olympics, a player from the Australian national team uttered that he would prefer to forfeit the game to the U.S if it meant he was at risk of contracting the virus from Magic Johnson. The stigma associated with the contraction of HIV was used to discriminate against Magic Johnson, who previous to his disclosure was a very popular figure, whom many would have been honored to play with and against him. There are other numerous cases such as the cases of Jason Collins and Robbie Rogers, who have been discriminated in their respective sports due to the disclosure of their sexual orientation (homosexuality). For Rogers, he was a professional football player affiliated with the MLS Galaxy soccer club and who decided to publicly disclose his sexual orientation. However, fearful of backlash from his team mates, he decide to quit soccer despite only being 25 years, which is a relatively young age for a professional player to quit soccer. Jason Collins was also another gay sporting professional, who was affiliated with the NBA. Upon the disclosing his sexual orientation, he received backlash from his supporters, other players and even prominent media personalities. Some players even cited that they would not be comfortable sharing some facilities with Jason, such as the shower quarters. Despite the years of professional rapport shared with his fellow players, they were willing to alienate him courtesy of his sexual preference. The discrimination is not just experienced in American professional sports, but in other parts of the world such as in European football leagues and clubs, where racial and sexual discrimination are rampant. According to Victorian Equal Opportunity, countries such as Russia and Romania have very strong prejudices against gay players. For example, in 2012, a group of football fans affiliated with the Russian club, Zenit St. Petersburg, sent a letter to the club stating that homosexual players were not to be allowed to join the club even if they were very talented. Additionally, black football players were to be considered inferior to the white players, evidenced by the constant booing and use of monkey chants directed towards the black players in the club. This form of discrimination is achieved via verbal and emotional abuse (Victorian Equal Opportunity, 2015). In many sports, homosexuality among players is highly frowned upon and may in some extreme circumstances lead to the dismissal of a player and termination of his/her contract. For example, there is a case of a shareholder of the Romanian club Steaua Bucharest, who refused to sign a particular player to the club due to his alleged homosexuality. The shareholder stated that he would prefer to sign a reserve team player, who was obviously below the quality of the other player, rather than a talented homosexual player. The shareholder, Becali, even asserted that he would rather sell the club than to sign a gay player. In essence, he would rather forego winning competitions and gaining revenue if it meant signing a homosexual player. This case provides a clear case analysis of a player who was discriminated against in sports solely due to his sexual orientation. How Law Prevents Discrimination According to Thornton, discrimination as analyzed above, is an issue that warrants intervention from the law in order to protect victims of discrimination and harassment in sports. There are numerous cases where professional players have been barred from pursuing their respective careers due to personal biases rather than on performance related grounds. The many cases have led to the enaction of legislature aimed at protecting people from discrimination and preventing the perpetuation of such social injustices. A good example is The Equal Opportunity Act of 2010, which highlights the illegality of treating or attempting to treat a person unduly due to an individual’s personal attribute. According to the law, persons in sports are protected not only from unjust treatment, but also from sexual harassment (Thornton, 2011). The case involving the Steaua Bucharest football club is ideal for reviewing case law regarding the prevention of discrimination in sports and sport affiliated activities. Following the discriminatory (homophobic) remarks made by Mr. Becali, who was a shareholder at the Romanian club, ACCEPT, which is a non-governmental organization, decided to pursue a legal case against the club (which did not publicly condemn the remarks of Mr. Becali, who had even associated the club to his family and compared the act of signing the allegedly gay player to accepting a gay man into his family, which he could not accept) in the National Council for Combatting Discrimination, which is located in Romania (CNCD). The Council, applying the Equal Treatment Directive stipulations, decided that since the plaintiff could not prove an employment relationship between Mr. Becali and the club, then the club was not liable but issued a formal warning to Becali. However, dissatisfied with the decision, ACCEPT took the case to the ECJ for appeal by citing Article 267 TFEU and arguing that the council had issued an ineffective sanction against Becali and that its decision on the nature of the relationship between the club and Becali was erroneous. The matter was heard in the European Court of Justice where it was determined that the sanction imposed by the CNCD was insufficient. However, it asserted that despite the lack of an imposition of a fine on Becali or the club, the decision was not merely symbolic and decided that the sufficiency of the sanction would be determined by the Romanian national court. In addition, the court decided to list a variety of factors that the national court had to consider when making its decision. However, the list provided by the ECJ ensured that the national court’s decision would be that the sanctions imposed (issuance of a warning to Becali) by CNCD was insufficient. This case is seen as a cautionary tale to football clubs, managers, owners and even players against discrimination. Preventing Sports Discrimination According to ACLU, sports discrimination as identified encompasses a number of factors. However, technological advancements have made it easier to identify discriminations in sports while also providing a platform for the aggrieved party to voice out the injustices leveled against them. This has led to greater pressure being placed on the relevant authorities to ensure that discrimination in sports is eradicated completely in the next couple of years (ACLU, 2015). For instance, in order to ensure that discrimination and homophobic violence in sports is eradicated, an educational tool for minors is being created. The tool is to be accessed on an online platform and is aimed at educating teenagers and children against homophobic discrimination and violence. The gaming application can be used to educate teens on matters relating to tolerance of different diversities in sports, the necessity of challenging the prevalence of discrimination and how discrimination in sports appears. The application can be very helpful, since if children and teenagers can be steered away from discriminatory tendencies, then they can unlearn some of those tendencies passed on to them by their parents and society. Additionally, due to the popularity of online gaming among children and teenagers, governments could subsidize the costs of making such games. Kahane et al., argues that another suggestion entails lawful mandatory incorporation of discrimination courses in all learning institutions, even including sports academies. Teachers, managers, referees, lecturers and other sporting authority figures should be required to attend refresher courses on matters of discrimination in sports and other areas of life on an annual basis. At such courses, current information on how to tackle discrimination and harassment should be thoroughly discussed. In addition, players seeking to renew or enter contracts must also attend the courses, where they will be drilled on the proper professional etiquette and anti-discriminatory and harassment topics. Those that fail to adhere to these stipulations could be barred from signing contracts and may be grounds for the termination of their contracts or other measures such as limiting the time that they participate in matches and other competitive fixtures (Kahane, 2012). I am of the opinion that one of the best methods of eradicating discrimination in sports is inserting anti-discriminatory clauses in all the contracts of the players, coaches, managers, referees, umpires and all the relevant stakeholders involved in professional sports. The clauses should have very clear stipulations in the contracts, such that in the event of breach of any of the discrimination stipulations in the contract, the relevant parties can be imposed upon very hefty fines or even have their contracts rescinded. According to Langwith, in order for such contracts to be used widely, there is need for a joint effort of support for the anti-discrimination clauses in all the major sports associations. In the U.S for example, the contracts could be enforced in soccer, baseball, basketball, ice hockey and American football. However, it should not just be restricted to these sports (Langwith, 2008). Reference List ACLU (2015). Students Rights- Equal Protection and Discrimination. Retrieved April 16, 2015, from https://acluvt.org/pubs/studentsrights/equalprotection.php Demas, L. (2010). Integrating the gridiron Black civil rights and American college football. New Brunswick, N.J.: Rutgers University Press. Early, G. (2011). A level playing field African American athletes and the Republic of Sports. Cambridge, Mass.: Harvard University Press. Langwith, J. (2008). Discrimination. Detroit: Greenhaven Press. Nazfiger, J. A., & Ross, S.F. (2011). Handbook on international sports law. Cheltenham, UK: Edward Elgar. Kahane, L. H., & Shmanske, S. (2012). The oxford handbook of sports economics. Oxford: oxford university press. Shropshire, K. L. (1996). In black and white: race and sports in America. New York: New York university press. Thornton, P. K. (2011). Sports law. Sudbury, mass: jones and Bartlett publishers. Victorian Equal Opportunity (2015). Places of Discrimination. Retrieved April 16, 2015, from http://www.humanrightscommission.vic.gov.au/index.php/places-of-discrimination/sport Wong, G. (2010). Essentials of sports law (4th ed.). Santa Barbara, Calif.: Praeger. Read More