Author: Raghav Tomar
Guru Gobind Singh Indraprastha University
INTRODUCTION
The Olympic Games, established in 1896 in Athens, Greece, are a multi-sport event held every four years. Athletes from around the world converge to compete in various sports, including track and field, gymnastics, swimming, and basketball. Beyond athletic prowess, the Olympics symbolize global unity, promoting the motto “Citius, Altius, Fortius” (Faster, Higher, and Stronger)..
Olympism is a philosophy that celebrates the joy of effort in sports, emphasizing education, ethical principles, and social responsibility. It aims to promote harmonious human development and a peaceful society through physical activity and cultural exchange.
ORGANISATION AND ITS LEGAL STRUCTURE
The organization that looks after the legal matters of the IOC (International Olympic Committee) is the “OLYMPIC CHARTER”. The Olympic Charter’s legal structure guides the IOC in its mission to unite the world through sport while upholding principles of integrity and excellence.
1. Purpose and Mission –
– Defines the mission of promoting Olympism, fair play, and ethics worldwide.
– Outlines the goals of fostering peace and respect through sport.
2. Organizational Framework-
– Establishes the International Olympic Committee (IOC) as the governing body.
– Defines the roles and responsibilities of IOC members, National Olympic Committees (NOCs), International Federations (IFs), and Organizing Committees of the Olympic Games (OCOGs).
3. Rights and Responsibilities-
– Details the rights and obligations of stakeholders within the Olympic Movement.
– Ensures adherence to principles of non-discrimination, inclusivity, and environmental sustainability.
4. Regulation of Olympic Games-
– Prescribes rules of bidding, selection, and organization of the Olympic Games.
– Sets standards for the conduct of athletes, officials, and host cities.
5. Amendment Process-
– Specifies procedures for amending the Charter through the IOC Session.
– Ensures transparency and democratic decision-making in governance.
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IOC CODE OF ETHICS
The IOC’s Code of Ethics ensures the organization maintains high ethical standards and promotes the values of Olympism worldwide
1. Purpose and Scope-
– Defines standards of behavior for IOC members, athletes, officials, and stakeholders.
– Upholds integrity, fair play, and sportsmanship in all Olympic activities.
2. Core Principles-
– Promotes honesty, transparency, and accountability in decision-making.
– Prohibits discrimination, doping, and any form of corruption.
3. Responsibilities of IOC Members-
– Sets guidelines for conflicts of interest, gifts, and hospitality.
4. Enforcement and Sanctions-
– Establishes procedures for investigating breaches and misconduct.
– Imposes sanctions, including suspensions and expulsions, for violations.
5. Education and Awareness-
– Provides training and educational programs on ethical standards.
– Encourages cultural and social responsibility among participants.
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INTERNATIONAL SPORTS LAW
International sports laws encompass a diverse range of legal frameworks that govern the conduct, organization, and regulation of sports activities globally.
1. Regulation of Sports Organizations-
– Establishment and governance of international sports bodies like FIFA (football), FIBA (basketball), and FINA (swimming).
2. Anti-Doping Regulations-
– Implementation of standards set by the World Anti-Doping Agency (WADA) to ensure fair play and athlete health.
3. Sports Arbitration-
– Use of specialized bodies like the Court of Arbitration for Sport (CAS) to resolve disputes related to sports, including athlete grievances and disciplinary actions.
4. Event Hosting and Infrastructure-
– Guidelines for hosting major sporting events, covering venue safety, security, and operational logistics.
5. Broadcasting and Commercial Rights-
– Management of media rights, sponsorship agreements, and intellectual property related to sports events
RECENT LEGAL AFFAIRS AND CASE LAWS
Case of sexual abuse complaints by Indian athletes-
The International Olympic Committee (IOC) has urged an unbiased criminal investigation into allegations of sexual abuse by Brij Bhushan Sharan Singh, the president of the Wrestling Federation of India. Despite the IOC’s call, Indian authorities have been slow to act. Six women and a child have filed complaints against Singh, who denies the allegations.
Case of Henriques vs IOC-
The case of Inês Henriques, Claire Woods, Paola Pérez, Johana Ordóňez, Magaly Bonilla, Ainhoa Pinedo, Erin Taylor-Talcott, and Quentin Rew v. International Olympic Committee (IOC) revolved around the inclusion of the Women’s 50km Race Walk in the Tokyo 2020 Athletics Program. The athletes sought to add this event to the Olympic Games. However, the Court of Arbitration for Sport (CAS) ruled that it lacked jurisdiction to hear the appeal. CAS requires specific criteria for jurisdiction, including an arbitration agreement between the parties. As a result, the appeal was dismissed
CONCLUSION
The legal framework surrounding the Olympics is extensive and multifaceted. It includes international agreements, host country regulations, and rules set by the International Olympic Committee (IOC). These laws cover a wide range of areas such as intellectual property protection for Olympic symbols and branding, anti-doping regulations enforced by the World Anti-Doping Agency (WADA), and contractual agreements with sponsors and broadcasters. Host countries must comply with local and international laws related to security, labor rights, and environmental protection. Athletes are governed by rules regarding eligibility, conduct, and competition, overseen by the respective International Sports Federations (IFs). Disputes are often resolved through the Court of Arbitration for Sport (CAS), which handles cases related to eligibility, doping, and other issues arising from the Games.
FAQs ( Frequently Asked Questions)
1. What is the Framework on Fairness, Inclusion, and Non-Discrimination on the Basis of Gender Identity and Sex Variations?
Ans. The Framework provides guidance from the International Olympic Committee (IOC) to sports bodies. It supports the development of rights-respecting and evidence-based eligibility criteria for sex-segregated sports competitions
2. Can athletes convicted of doping be excluded from subsequent Olympic Games?
Ans. The IOC has attempted to introduce rules excluding such athletes, but the Court of Arbitration for Sport (CAS) has consistently disallowed this.
3. What are the Key Principles for athletes during the Olympic Games?
Ans. The “Commercial Opportunities for Participants during the Olympic Games Paris 2024” document, derived from Rule 40 of the Olympic Charter, outlines principles to support athletes
REFRENCES-
https://olympics.com/ioc
https://olympics.com/en/paris-2024
Olympics: Act on Sexual Abuse Complaints by Indian Athletes | Human Rights Watch (hrw.org)
