What Rights do Athletes Have?

The right to social security, image rights, non-discrimination and many others. What rights do professional athletes have? Read along to find out more.

Just with all citizens, athletes have certain duties and obligations under law when it comes to civil and labor matters. All sports require specific regulation which clearly states an athlete’s rights and obligations.

These regulations contemplate aspects of sportsmanship and ethical behavior that are expected of professionals. They also take into account labor relations with sports entities, possible risks, and possible contracts with external companies linked to the sport.

Complex issues arise when it comes to the rights of athletes.  A practical example is a difficulty that they face when it comes to social security, sick leave, and injuries.

Universal Declaration of Athletes’ Rights

Several international athlete associations have been created in order to address these issues. Finally, in 2018 the Universal Declaration of Athletes’ Rights was created. The initiative, published in 2018, exposes the abuse and systematic violations facing athletes regarding their labor rights.

One of the urgent measures needed to remedy this situation was to change the relationship between sports and law. For many years, sports were considered to be a separate sphere of civil society. It’s organized and governed by its own rules and regulations.

These rules and regulations were always very detailed when it came to the obligation of athletes. Stringent penalties were established for breach of contract and irregular behavior.

However, when it came to the rights of athletes, the rules and regulations were surprisingly superficial. This was the case when it came to both international and national organizations.

Although sports lawyers are increasing in numbers all over the world, their job description tends to deal with the legal and administrative aspects of hires, transfers, negotiations, and image rights. It’s not hard to see that the economic interest of large companies and institutions are favored when it comes to current regulations.

Unfortunately, there’s no space in sports law when it comes to the creation of regulations to help prevent the labor and economic exploitation of athletes. Nor are there mechanisms to ensure the fulfillment of their rights which are already legally recognized.

Which rights should athletes have?

The Universal Declaration aims to be a framework that stimulates international and national sports organizations. The objective is to emphasize the athletes’ rights.

It’s not just about recognizing new rights, it’s also about ensuring that every athlete has respected human and labor rights that any other citizen or worker would have.

The text of the declaration proposes that all athletes must have the following rights:

• Minor athletes: the rights of young athletes must be protected by law. This should also apply to their name and image. It’s also important for the minor’s parents to receive specialized guidance on how to deal with the rights that their children deserve.
• Equal opportunities and remuneration: athletes shouldn’t be victims of discrimination, abuse, intimidation, or violence. All athletes should have the right to access equal opportunities to develop their careers.
• Another important right to highlight is the right to remuneration without gender, ethnic, or socioeconomic discrimination.

• Freedom of expression: players should be allowed to express themselves freely. In other words, they should be able to express their opinions within their work environment. This should be allowed without the fear of suffering persecution, intimidation, or threats.
• Rewards and prizes: athletes are entitled to receive a fair percentage of the benefits generated through their activities. They also deserve a percentage of earnings derived from the commercial exploitation of their image rights.

Privacy and human rights

• Right to privacy: like all individuals, athletes have the right to privacy. Their name, personal data, and commercial image must be agreed through a contract.
• Violation of human rights: if an athlete’s human rights aren’t respected or defended, they should be able to request financial compensation. Those who undergo exhausting training programs and have a short career projection must be considered fairly.

Although it lacks legal value, the universal declaration was the first text dedicated exclusively to the rights of athletes. Now we can only hope that its charter is fulfilled and promotes a fair and equal environment for all.