Human Rights in Sports Arbitrations
Author | : Tsubasa Shinohara |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
ISBN-10 | : OCLC:1433038350 |
ISBN-13 | : |
Rating | : 4/5 (50 Downloads) |
Download or read book Human Rights in Sports Arbitrations written by Tsubasa Shinohara and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The primary focus of this article is to examine how the Court of Arbitration of Sport (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. The article provides an overview of a regulatory framework of the prohibition of discrimination based on sex (or gender), gender identity and sex characteristics created by sports governing bodies (e.g. the International Olympic Committee and World Athletics). Then, it considers how such anti-discrimination regulatory framework may be applied by internal dispute resolution bodies within the sports governing bodies. It considers the CAS system concerning applicable law and arbitrators' power in the CAS arbitral proceeding and takes into account a question of what the CAS should do for human rights protection in sports.