THE ROLE OF THE COURT OF ARBITRATION FOR SPORT (CAS) IN SAFEGUARDING HUMAN RIGHTS IN INTERNATIONAL SPORTING EVENTS

Main Article Content

ANURAG YADAV, GURMINDER KAUR

Abstract

The Court of Arbitration for Sport (CAS) is a renowned institution in the realm of international sports law known for resolving disputes and upholding the integrity of sporting events. It can be considered one of the highest courts for resolving disputes related to this field at the international level. This article delves into the relationship between the CAS and human rights in sports. It also navigates through the legal framework underpinning human rights in sports, including international conventions and treaties. Through a meticulous analysis of landmark cases adjudicated by the CAS, ranging from issues of discrimination to doping and gender equality, the article illuminates the evolving jurisprudence surrounding human rights within the sporting arena. However, despite its successes, the CAS faces criticism and difficulties that raise issues with independence, openness and fair access to the legal system. Given these intricacies, the paper proposes potential paths meant to reinforce the CAS’s function as an advocate for human rights, such as improved measures of transparency, a wider range of arbitrators, and closer partnerships with human rights groups. This paper highlights the vital relationship between the CAS, sports law and human rights through case studies and comparative observations. It also paves the road for a more ethical and fair future in regulating international sports governance.

Article Details

Section
Articles

References

Talia Barrabi, Court of Arbitration for Sport Upholds Ban on Caster Semenya from Competing in Olympics, Fox Business (Sept. 9, 2020), https://www.foxbusiness.com/sports/court-of-arbitration-for-sport-upholds-ban-caster-semenya-olympics.

Ian Blackshaw, The Court of Arbitration for Sport: An International Forum for Settling Disputes Effectively ‘Within the Family of Sport’, 2 Ent. L. 61 (2003).

Court of Arbitration for Sport. (2015) CAS 2014/A/3759 (Dutee Chand v. AFI & IAAF).

Court of Arbitration for Sport. (2019) CAS 2018/O/5794 & 5798 (Mokgadi Caster Semenya v. IAAF).

History of the CAS, www.tas-Cas.org (Feb. 20, 2024), https://www.tas-cas.org/en/general-information/history-of-the-cas.html#:~:text=Article%20R27%20of%20the%20Code.

International Olympic Committee, Olympic Agenda 2020: 20+20 Recommendations (2016), https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/IOC/Who-We-Are/Commissions/IOC-Olympic-Agenda-2020-Recommendations-ENG.pdf.

International Olympic Committee, Olympic Charter (2020).

International Working Group on Women and Sport, Brighton plus Helsinki 2014 Declaration on Women and Sport (2014).

Michael James, Sports Law (Palgrave Macmillan 2017).

Robert H. McLaren, Introducing the Court of Arbitration for Sport: The Ad Hoc Division at the Olympic Games, 12 Marq. Sports L. Rev. 515 (2001).

Reza Shahrokhi, Financial Independence of the Court of Arbitration for Sports: Why Can CAS Be Considered Truly Independent Body?, 11(1) Indian J. Arb. L. 17 (2023).

(Shinohara, Liverpool Law Rev.).

M. Straubel, “Enhancing the Performance of the Doping Court: How The Court of Arbitration for Sport Can Do Its Job Better,” 36 Loy. U. Chi. L.J. 1203 (2005).

The United Nations, Beijing Declaration and Platform for Action: Fourth World Conference on Women (1995).

United Nations, Universal Declaration of Human Rights (1948), https://www.un.org/en/about-us/universal-declaration-of-human-rights.

United Nations, International Covenant on Civil and Political Rights (1966), https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

United Nations, Convention on the Elimination of All Forms of Discrimination against Women (1979).

WADA initiates assessment to ensure that the human rights of athletes are respected under the World Anti-Doping Program, World Anti Doping Agency (March 7, 2023), https://www.wada-ama.org/en/news/wada-initiates-assessment-ensure-human-rights-athletes-are-respected-under-world-anti-doping.

World Health Organization, Global Strategy on Diet, Physical Activity and Health (2015), https://www.who.int/dietphysicalactivity/childhood/en/.