8 Examples Where Sports Personalities Rights Were Violated. We will also identify the human right that has been infringed for each example.
Sports personalities, like any other individuals, have rights that are protected by law. These rights can vary depending on the jurisdiction, but some common rights include:
- Right to privacy: Sports personalities have the right to maintain their privacy and protect their personal information from being disclosed without their consent. This includes protection from unauthorized use of their images, videos, or other personal details.
- Right to publicity: This right allows sports personalities to control the commercial use of their name, image, likeness, and other aspects of their identity. They can negotiate endorsement deals, advertising contracts, and other commercial opportunities that involve their image or persona.
- Intellectual property rights: Sports personalities may have rights to their creative works, such as books, articles, or videos. These rights include copyright protection, which prevents unauthorized copying or distribution of their work.
- Contractual rights: Sports personalities often enter into contracts with teams, sponsors, or other entities. They have the right to negotiate the terms of these contracts and seek legal remedies if these contracts are breached.
- Labor rights: As employees or independent contractors, sports personalities have rights related to their working conditions, including fair wages, safe working environments, and freedom from discrimination.
- Freedom of speech and expression: Sports personalities have the right to express their opinions, beliefs, and ideas, within the limits of the law. This includes sharing their views on social media or through interviews.
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It is important to note that the specific rights and protections available to sports personalities can vary depending on factors such as their nationality, the country in which they are employed, or the specific sport they are involved in. It is always advisable to consult with an attorney or legal expert to understand the specific rights applicable to a particular situation.
8 Examples Where Sports Personalities Rights Were Violated
Here are a few (more than 5) examples where sports personalities’ rights were violated. It is important to note that these cases do not necessarily represent the norm but demonstrate that violations can and do occur in the world of sports.
- Maria Sharapova – In 2016, the International Tennis Federation (ITF) banned Maria Sharapova for two years after she tested positive for the banned substance meldonium. Sharapova argued that she was unaware of the substance being added to the list of banned substances and had been taking it for medical reasons. The ban was eventually reduced to 15 months by the Court of Arbitration for Sport (CAS), who found that Sharapova bore “some degree of fault” but that her violation was not intentional.
- Oscar Pistorius – In 2007, the International Association of Athletics Federations (IAAF) ruled that Oscar Pistorius, a double amputee sprinter, was ineligible to compete against able-bodied athletes due to his prosthetic legs providing a competitive advantage. Pistorius appealed the decision, and the CAS overturned the ban in 2008, stating that the IAAF had not provided sufficient evidence to support their claim.
- Caster Semenya – South African middle-distance runner Caster Semenya has faced ongoing challenges to her eligibility to compete in women’s events due to her naturally elevated levels of testosterone. In 2019, the IAAF introduced regulations that required female athletes with certain testosterone levels to take medication to reduce them to compete in specific events. Semenya appealed this decision, but the CAS upheld the IAAF’s regulations. Critics argue that the regulations violate her rights to participate in sports without discrimination.
- Colin Kaepernick – In 2016, NFL player Colin Kaepernick began kneeling during the national anthem to protest racial inequality and police brutality in the United States. This action was met with significant backlash, and Kaepernick was not signed by any team after his contract with the San Francisco 49ers ended in 2017. In 2018, Kaepernick filed a grievance against the NFL, alleging that team owners colluded to keep him out of the league due to his protests. In 2019, the NFL settled the grievance, though the terms of the settlement were not disclosed.
- Yuliya Stepanova – Yuliya Stepanova, a Russian track and field athlete, became a whistleblower in 2014 when she exposed the state-sponsored doping program in Russia. As a result, she faced backlash and retaliation, including threats to her safety. Despite her efforts to expose the doping program, Stepanova was not allowed to compete in the 2016 Rio Olympics under a neutral flag, as the International Olympic Committee (IOC) cited her previous doping violation as the reason for her ineligibility.
- Uyghur Athletes – Human rights organizations have reported that China has detained Uyghur athletes as part of the government’s broader crackdown on the Uyghur Muslim minority in Xinjiang province. These athletes have faced detention, abuse, and forced indoctrination as part of China’s re-education camps, which have been internationally criticized as human rights violations.
- Megan Rapinoe – In 2019, Megan Rapinoe, a member of the U.S. Women’s National Soccer Team (USWNT), along with her teammates, filed a gender discrimination lawsuit against the U.S. Soccer Federation. The suit claimed that the federation discriminated against the women’s team in terms of pay, working conditions, and overall treatment compared to their male counterparts. In 2020, a federal judge dismissed the equal pay claim, but the USWNT has vowed to appeal the decision.
- Enes Kanter – Turkish NBA player Enes Kanter has been an outspoken critic of Turkey’s President Erdogan, accusing him of human rights abuses. As a result, Kanter’s passport was canceled by the Turkish government, and he has faced threats and harassment. Kanter has been unable to travel outside of the United States to play in international games due to the risk of being arrested or detained by the Turkish government.
These examples highlight the variety of ways that sports personalities’ rights can be violated, whether through discrimination, retaliation, or mistreatment.
Identifying the Human Right that has been infringed
- Maria Sharapova: The primary human right in question in Sharapova’s case is the right to a fair trial (Article 10 of the Universal Declaration of Human Rights), as she argued she was unaware of the substance being added to the list of banned substances.
- Oscar Pistorius: Pistorius’ case involves the right to non-discrimination (Article 2 of the Universal Declaration of Human Rights) because the IAAF initially banned him from competing against able-bodied athletes based on his disability.
- Caster Semenya: Semenya’s situation highlights her right to non-discrimination (Article 2 of the Universal Declaration of Human Rights) and the right to participate in cultural, artistic, and sports activities (Article 27 of the Universal Declaration of Human Rights) without discrimination based on her naturally elevated testosterone levels.
- Colin Kaepernick: Kaepernick’s case involves the right to freedom of expression (Article 19 of the Universal Declaration of Human Rights) and the right to non-discrimination (Article 2 of the Universal Declaration of Human Rights) as he faced backlash and alleged collusion by team owners due to his protests.
- Yuliya Stepanova: Stepanova’s case touches on the right to freedom of expression (Article 19 of the Universal Declaration of Human Rights) as she faced retaliation for exposing state-sponsored doping in Russia. Additionally, the right to non-discrimination (Article 2) and the right to participate in cultural, artistic, and sports activities (Article 27) were implicated when she was not allowed to compete in the 2016 Rio Olympics.
- Uyghur Athletes: The detention and abuse of Uyghur athletes infringe on a number of human rights, including the right to life, liberty, and security of person (Article 3 of the Universal Declaration of Human Rights), the right to be free from torture and inhuman treatment (Article 5), and the right to non-discrimination (Article 2).
- Megan Rapinoe and the USWNT: The gender discrimination lawsuit filed by Rapinoe and her teammates involves the right to non-discrimination (Article 2 of the Universal Declaration of Human Rights) and the right to equal pay for equal work (Article 23).
- Enes Kanter: Kanter’s case highlights the right to freedom of expression (Article 19 of the Universal Declaration of Human Rights) and the right to freedom of movement (Article 13) as he has faced threats, harassment, and limitations on his ability to travel due to his criticism of Turkey’s President Erdogan.
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