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Published VersionCC BY V4.0, Open Access
Journal article
The myth of a "human right to sport": how human rights can lead to true inclusion for children with disability
The International Sports Law Journal, Vol.24, pp.233-246
2024
Abstract
Fundamental Principle 4 of the Olympic Charter provides, '[t]he practice of sport is a human right'. However, to think of the practice of sport as a human right is misleading and potentially unhelpful to the true inclusion of children with disability in sport. The various permutations of a human right to sport-a right in sport; a right to participate in sport; a right to the practice of sport; and a right to sport-result in an attitude that children with disability are provided sporting opportunities in a way that are separate, segregated, or unnecessarily different. In this article, we argue that sport should be thought about and analysed through a different human right: the right to non-discrimination. If the right being applied to the experience for a child with a disability in sport, is that of non-discrimination, then the aim is to provide the child with the same experience as a mainstream child. This also means that the focus changes from providing a right to 'sport', which results in access to simply the physical activities of sport and shifts to the experience the child has within a sport. Most importantly, the human right to non-discrimination means that a child with disability should have the opportunity to be included in mainstream sport, with adjustments to provide them with a fair and meaningful contest.
Details
- Title
- The myth of a "human right to sport": how human rights can lead to true inclusion for children with disability
- Authors
- Simone Pearce (Corresponding Author) - University of the Sunshine Coast, Queensland, School of Law and SocietyJay Sanderson - University of the Sunshine Coast, Queensland, School of Law and Society
- Publication details
- The International Sports Law Journal, Vol.24, pp.233-246
- Publisher
- Springer
- Date published
- 2024
- DOI
- 10.1007/s40318-024-00275-8
- ISSN
- 2213-5154; 1567-7559
- Copyright note
- This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
- Organisation Unit
- School of Law and Society
- Language
- English
- Record Identifier
- 991051596902621
- Output Type
- Journal article
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