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MINISTERS’ DEPUTIES |
CM Documents |
CM(2021)53 |
7 April 2021[1] |
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1404th meeting, 12 May 2021 8. Youth and Sport
8.2 Enlarged Partial Agreement on Sport (EPAS) 16th Council of Europe Conference of Ministers responsible for Sport (Athens, Greece / online, 5 November 2020, Report by the Secretary General Item to be considered by the GR-C at its meeting on 29 April 2021 |
Introduction
1. The 16th Council of Europe Conference of Ministers responsible for Sport was organised by the Enlarged Partial Agreement on Sport (EPAS) in co-operation with the Ministry of Culture and Sports of Greece within the framework of the Greek Chairmanship of the Council of Europe.
2. The two main themes of the conference were:
Theme 1: A European approach to sport policies: the revision of the European Sports Charter;
Theme 2: Human rights in sport.
3. Due to the COVID-19 pandemic, the conference was held remotely, using the KUDO platform. It consisted of five sessions spread out over a period of several weeks. The schedule was as follows:
a. Opening session: Thursday 5 November 2020 (10 a.m. - 11 a.m.)
b. Introduction to theme 1: Thursday 5 November 2020 (2 p.m. – 3.30 p.m.)
c. Introduction to theme 2: Monday 7 December 2020 (10 a.m. – 11.30 a.m.)
d. Ministerial Round Table: Friday 15 January 2021 (9 a.m. – 12.30 p.m. / 2 p.m. – 4.30 p.m.)
e. Closing session: Thursday 11 February 2021 (10 a.m. – 10.30 a.m.).
4. As it was not possible to hold a physical meeting for the Senior Officials of all participating states prior to the Conference of Ministers, the preparatory work on the draft resolutions on the two themes of the conference was finalised via written procedure between 30 October 2020 and 11 December 2020. On
3 November 2020, on behalf of their Ministers, the Senior Officials elected, also via written procedure,
Mr Lefteris Avgenakis, Deputy Minister of Culture and Sport of Greece, as Chair of the Conference.
5. The programme, list of participants and adopted texts are set out in Appendices 1 to 3 of this report.
Opening session: 5 November 2020 (morning)
7. The opening session of the conference took place on the morning of 5 November during which the Secretary General made an introductory speech, followed by Miltiadis Varvitsiotis, Alternate Minister for Foreign Affairs of Greece and President of the Committee of Ministers of the Council of Europe.
8. In her opening speech, the Secretary General noted that globalisation, commercialisation and the increased visibility of sport have both exposed the range of human rights and rule of law violations that continue (such as sexual abuse of children, exploitation of players and employees and lack of access to justice) and conversely, increased the need to act against such violations. The Secretary General highlighted that the two draft resolutions presented for adoption at the Conference pointed the way forward, reflecting the priorities established by the Tbilisi Ministerial Conference two years ago. This includes the work that has been done since on the general principles of fair procedure, which are key to enhancing the credibility and effectiveness of anti-doping proceedings as well as the need to build on ECRI and CDADI guidance for fighting discrimination and hate speech and on the guidance given by the European Social Charter on social rights of athletes. The Secretary General concluded that the impact of these resolutions would further embed a human rights culture in sport, that is in the interest of everyone who interacts with sports activities and sports business.
9. In his opening speech, Mr Varvitsiotis emphasised the impact that the pandemic had on citizens in Europe. He mentioned the restrictions imposed– to move, to travel, to work – but highlighted in particular those which restricted the right to access sport. He underlined that the questions relating to human rights compliance in sport, raised by this conference, are of paramount importance.
10. The opening speeches were followed by a leadership dialogue session entitled “Championing values in sport”. It was moderated by Snežana Samardžić-Marković (Director General of Democracy) and included the panellists Lefteris Avgenakis (Deputy Minister of Culture and Sport of Greece), Roxana Maracineanu (Minister attached to the Minister for Education, Youth and Sports, with responsibility for Sports of France), Christophe de Kepper (Director General of the International Olympic Committee), Aleksandra Shelton (Olympic Fencer) and Jonas Baer-Hoffmann (Secretary General of Global FIFPro). The dialogue focused on some of the key topics covered by the two draft resolutions: lessons learned from the Covid-19 crisis, how sport stakeholders can get involved in preventing child sexual abuse, how rights of athletes can be guaranteed, why access to justice is essential, and what are the expectations for the new revised European Sports Charter.
11. The answers provided by the panellists revealed that sport is a low-cost, high-impact tool when it comes to ensuring citizens’ mental and physical health and that in such times of crisis, there is a clear need for solidarity among the sports movement. Mrs Samardžić-Marković concluded the session noting that it is expected that the revision of the European Sports Charter would help embed human rights, good governance and integrity principles into member States’ sports policies, while promoting sport for all and solidarity. The revised text could become an essential tool to promote the values of the Council of Europe.
12. Video highlights of the opening session are available to watch here (https://vimeo.com/499774119).
Introduction to theme 1: “A European approach to sport policies: the revision of the European Sports Charter” - 5 November 2020 (afternoon)
13. This first theme was introduced in a panel session, moderated by Snežana Samardžić-Marković. Four panellists answered questions, each presenting the aspects of the Charter from their different perspectives: Kornelija Tiesnesyte (Deputy Minister responsible for Sport, Lithuania), Tommi Laitio (Executive Director of Culture and Leisure, City of Helsinki), Kole Gjeloshaj (Chair of the EPAS Consultative Committee) and Olivier Saint-Requier (Business Development Manager, Garmin Health). The panellists discussed why the Charter needed to be revised, the role that public authorities should play in sport, what the most identifiable common features or specificities of sport are, and how sport can help society in a Covid-19 world.
14. The session was also an opportunity for the online audience to get involved, either by answering questions from the moderator via video-link or by taking part in quick interactive polls whose results were displayed immediately and which allowed participants to see the general opinion on the issues at stake.
15. Video highlights of the introductory session on theme 1 are available to watchhere (https://vimeo.com/499777646).
Introduction to theme 2: Human rights in Sport – 7 December 2020
16. This second theme of the conference (“Human rights in sport”) was introduced in a panel session, moderated by André-Noël Chaker, lawyer and writer. Four panellists were involved in the discussions:
Tiina Kivisaari (Director of Sport, Ministry of Education and Culture of Finland), Marko Bošnjak (Judge at the European Court of Human Rights), Claudia Bokel (President of the German Fencing Federation, former Chair of the IOC Athletes’ Commission), and Pierre Cornu (President of the Foundation Council, International Centre for Sports Studies (CIES)). The panellists discussed inter alia why human rights are so important to sport, how the rights of children can be safeguarded, what the reaction to child abuse should be, the challenges currently facing the sports justice system and how the work of the Monitoring Group of the Council of Europe Anti-doping Convention on fair trials was key to protecting athletes’ human rights.
17. Similar to the first introductory session, there was also an opportunity for the online audience to get involved, either by answering questions from the moderator via video-link or by taking part in quick interactive polls the results of which were commented during the debate.
18. Video highlights of the introductory session on theme 2 are available to watchhere (https://vimeo.com/499948432).
Ministerial Round Table: 15 January 2021
19. This session was chaired by Mr Avgenakis and Ministers and Heads of Delegation addressed the round table on both themes covered in the two introductory sessions and in the resolutions.
20. 28 national delegations[2] and eight sports organisations[3] contributed to the session. Ministers discussed how the various stakeholders (public authorities, sports movement and corporate businesses) can join forces and complement each other to encourage sport activities that are accessible for all, inclusive, ethical and safe. The devastating impact of the Covid-19 crisis on sport was reiterated; it was stressed that the revised text of the Charter should facilitate access to sports for all layers of society, inter alia through investing in infrastructures for the practice of physical activity at the grassroots level, both inside and outside school settings. Ministers also encouraged the development of national sports strategies, as well as exchange of best practices and experiences. Considering the importance of a human rights‑based approach while addressing sport integrity issues, the Ministers agreed that it was necessary to further enhance the protection and promotion of human rights in this field, as well as to promote sport and its many social and individual benefits to strengthen society’s resilience to global crises. No objection was raised on the adoption of the two draft resolutions. At the end of the Round Table, the Chair of the EPAS Governing Board, Alexandre Husting, thanked the Greek authorities and the EPAS Governing Board for their contributions to the entire conference.
21. The individual video statements by the Ministers and Heads of Delegation who authorised their publication, are available here(https://www.coe.int/en/web/sport/multimedia).
Closing session: 11 February 2021
22. The fifth and final session of the ministerial conference was devoted to the presentation of its results. As chair of the session, Mr Avgenakis stated that as no amendments had been proposed since the Round Table discussions,[4] and announced the adoption of the two resolutions concerning the priorities underlined by the member states of EPAS and the sports movement (Appendix 3).
23. Closing speeches by Gabriella Battaini-Dragoni (former Deputy Secretary General of the Council of Europe), Niels Nygaard (Acting President of the European Olympic Committees) and Mr Avgenakis brought the proceedings to an end.
24. In his closing speech, Mr Avgenakis also referred to the domino effect generated by the disclosure of a sexual abuse case during the launch of the Council of Europe Start to Talk Campaign in Greece triggering measures to foster dialogue between the authorities with members of the entire Greek sports community.
25. A press briefing took place after the closing session, with questions from the media addressed to the three speakers on the themes of the two resolutions. Video highlights of the press briefing are available to watch here (https://vimeo.com/515199916).
Outcomes and prospects
26. The 16th Council of Europe Conference of Ministers responsible for Sport confirmed the Ministers’ commitment towards the on-going revision of the European Sports Charter and the promotion of human rights in sport. The Ministers stressed that the revised text of the Charter included the need to facilitate access to sports for all, inter alia through investing in infrastructures for the practice of physical activity at grassroots level inside and outside the school setting. They also encouraged member States to develop national sports strategies and to exchange best practices and experiences. Considering the importance of a human rights-based approach while addressing sport integrity issues, the Ministers encouraged one another to further enhance the protection and promotion of human rights in this field, as well as to promote sport and its many social and individual benefits to strengthen society’s resilience to future crises.
27. The Governing Board of EPAS, as well as the relevant Sports Convention Committees are invited to examine the resolutions with the aim of identifying appropriate follow-up measures.
28. In the light of the adopted resolutions, the Committee of Ministers may consider responding to the invitation by the Conference of Ministers by:
· acknowledging the importance of developing sport policies at national, European and international level to maximise the benefits that sport brings to society, in particular in the fields of health, inclusion and education;
· welcoming the progress achieved in the revision of the European Sports Charter which aims at providing guidance for the Council of Europe’s member States to perfect their policies and to develop a comprehensive framework for sport reflecting their common values and principles;
· promoting human rights and the rule of law in and through sport;
· inviting States which have not yet done so to join EPAS;
· inviting States to sign/ratify the Saint-Denis Convention on an Integrated Safety, Security and Service Approach at Football Matches and other Sports Events;
· inviting States to sign/ratify the Macolin Convention on the manipulation of sports competitions and resuming consultations with member States and the European Union in order to facilitate the removal of any obstacles to the ratification of this treaty;
· inviting States which are already Parties to the sport conventions to actively engage in their implementation and promotion at national level;
· inviting EPAS to present a report on the situation of human rights in sport, assessing progress on the implementation of Resolution No. 2 and encouraging other bodies of the Council of Europe to pay heed to addressing human rights issues in sport.
29. The EPAS Governing Board will take note of the proposal from Turkey to host the next ministerial conference at its forthcoming plenary meeting in June 2021.
Appendix 1
Programme
1. Opening session: Thursday 5 November 2020 (10 a.m. - 11 a.m.)
2. Introduction to theme 1: Thursday 5 November 2020 (2 p.m. – 3.30 p.m.)
3. Introduction to theme 2: Monday 7 December 2020 (10 a.m. – 11.30 a.m.)
4. Ministerial Round Table: Friday 15 January 2021 (9 a.m. – 12.30 p.m. / 2 p.m. – 4.30 p.m.)
5. Closing session: Thursday 11 February 2021 (10 a.m. – 10.30 a.m.)
a. Adoption of the final resolutions
b. Close of the Conference
c. Press briefing
Appendix 2
List of Heads of Delegations
PARTIES TO THE EUROPEAN CULTURAL CONVENTION OF THE COUNCIL OF EUROPE AND/OR EPAS MEMBERS /
PARTIES À LA CONVENTION CULTURELLE EUROPÉENNE DU CONSEIL DE L'EUROPE ET/OU MEMBRES DE L'APES
Albania / Albanie
Ms Evis KUSHI, Minister of Education, Sports and Youth
Armenia / Arménie
Mr Vahram DUMANYAN, Minister of Education, Science, Culture and Sport
Austria / Autriche
Ms Barbara SPINDLER-OSWALD, Head of Department for Multi-national Sport Affairs, Federal Ministry of Arts, Culture, the Civil Service and Sports
Azerbaijan / Azerbaïdjan
Mr Farhad HAJIYEV, Deputy Minister, Ministry of Youth and Sport
Belgium / Belgique
M. Kurt RATHMES, Chef du département sport, Communauté germanophone
Bosnia and Herzegovina / Bosnie-Herzégovine
Ms Ankica GUDELJEVIC, Minister for Civil Affairs
Bulgaria / Bulgarie
Mr Stoyan ANDONOV, Deputy Minister for Youth and Sports
Croatia / Croatie
Ms Nikolina BRNJAC, Minister of Tourism and Sports
Cyprus / Chypre
Mr Andreas MICHAELIDES, President of the Cyprus Sports Organization
Estonia / Estonie
Mr Tõnis LUKAS, Minister of Culture
Finland / Finlande
Ms Annika SAARIKKO, Minister of Science and Culture
France
Mme Roxana MARACINEANU, ministre déléguée aux Sports
Georgia / Géorgie
Mr Vasil LIPARTELIANI, Head of Sport Development Division, Ministry of Sport and Youth Affairs
Germany / Allemagne
Mr Torsten WEIDEN, Deputy Head of Section / Division SP 2 - EU and international sport matters, Federal Ministry of the Interior, Building and Community (BMI)
Greece / Grèce
Mr Lefteris AVGENAKIS, Deputy Minister of Culture and Sports
Holy See / Saint-Siège
Msgr Melchor SÁNCHEZ DE TOCA, Under-Secretary, Pontifical Council for Culture
Hungary / Hongrie
Ms Tünde SZABÓ, Minister of State for Sports, Ministry of Human Resources
Ireland / Irlande
Mr Jack CHAMBERS, Minister of State, Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (with special responsibility for the Gaeltacht and Sport)
Mr Carlo PRESENTI, Top Executive, Ministry of Sports
Lithuania / Lituanie
Mr Linas OBCARSKAS, Vice-Minister of Education, Science and Sports
Luxembourg
Mr Dan KERSCH, Minister of Sport, Deputy to Prime Minister of Luxembourg
Malta / Malte
Mr Clifton GRIMA, Parliamentary Secretary for Youth, Sports and Voluntary Organisations within the Ministry for Education and Employment
Republic of Moldova / République de Moldova
Mr Ivan GHEORGHIU, State Secretary, Ministry of Education, Culture and Research
Montenegro / Monténégro
Mr Vladimir VOJVODIC, Senior Adviser, Directorate for Sports, Ministry of Sports
Morocco / Maroc
Mme Fatima ABOUALI, Présidente de l'Agence Marocaine Antidopage
Netherlands / Pays-Bas
Mr Arjan van DRIELEN, Head of Unit Sports International, Ministry of Health, Welfare and Sport
Norway / Norvège
Mr Trond GLASSER, Senior Adviser, Department of Sport Policy, Royal Ministry of Culture
Poland / Pologne
Ms Anna KRUPKA, Secretary of State in the Ministry of Sport
Portugal
Mr João Paulo REBELO, Secretary of State for Youth and Sports
Romania / Roumanie
Mr Carol-Eduard NOVAK, Minister for Youth and Sport
Russian Federation / Fédération de Russie
Mr Oleg MATYTSIN, Minister of Sport
San Marino / Saint-Marin
Ms Susy SERRA, Segreteria di Stato per il Lavoro
Serbia / Serbie
Mr Darko UdoviČiĆ, Assistant Minister for Sports, Ministry of Youth and Sports
Slovak Republic / République slovaque
Mr Peter DEDIK, Director General for Sport, Ministry of Education, Science, Research and Sport
Slovenia / Slovénie
Dr Simona KUSTEC, Minister of Education, Science and Sport
Spain / Espagne
Mr Juan MARTORELL, Deputy Director of the Cabinet, High Council for Sports
Switzerland / Suisse
M. Pascal CHATELAIN, Chef des affaires internationales, Département fédéral de la défense, de la protection de la population et des sports (DDPS)
Turkey / Turquie
Mr Mehmet Muharrem KASAPOĞLU, Minister of Youth and Sports
Ukraine
Andriy CHESNOKOV, Deputy Minister of Sport responsible for European integration
United Kingdom / Royaume-Uni
Mr Hitesh PATEL, Head of Major Events, UK Department for Digital, Culture, Media and Sport
REPRESENTATIVES OF COUNCIL OF EUROPE INSTITUTIONS
REPRESENTANTS D’INSTITUTIONS DU CONSEIL DE L’EUROPE
Secretariat General / Secrétariat Général
Ms Marija PEJČINOVIĆ BURIĆ, Secretary General of the Council of Europe
INTERGOVERNMENTAL COMMITTEES IN CHARGE OF SPORT ISSUES
COMITES INTERGOUVERNEMENTAUX EN CHARGE DE QUESTIONS DU SPORT
Governing Board of the Enlarged Partial Agreement on Sport /
Comité de Direction de l’Accord partiel élargi sur le sport
Mr Alexandre HUSTING, Chair of the EPAS Governing Board
Consultative Committee of the Enlarged Partial Agreement /
Comité Consultatif de l’Accord partiel élargi sur le sport
Mr Kole GJELOSHAJ, Chair of the EPAS Consultative Committee
SPORTS MOVEMENT AND OTHER ORGANISATIONS INVOLVED IN SPORT
MOUVEMENT SPORTIF ET AUTRES ORGANISATIONS IMPLIQUÉES DANS LE SPORT
Members of the Consultative Committee of the Enlarged Partial Agreement on Sport (EPAS) / Membres du Comité consultatif de l’Accord partiel élargi sur le sport (APES)
European Elite Athletes Association/Association européenne des Sportifs de Haut Niveau (EU Athletes)
Ms Paulina TOMCZYK, General Secretary
European Athlete Student Network/Réseau européen des athlètes étudiants (EAS)
Ms Laura CAPRANICA, Professor MALAT EAS
European Athletics
Mr Jean GRACIA, Council Member
EASM - European Association for Sport Management
Mr Stefan WALZEL, Secretary General
European Fair Play Movement/Mouvement européen du fair-play (EFPM)
Mr Ioannis PSILOPOULOS, General Secretary
European Gay & Lesbian Sport Federation (EGLSF)
Mr Hugh TORRANCE, Co-President, member of LEAP Sports Scotland
European Non-Governmental Sports Organisation/Organisation européenne non gouvernementale des sports (ENGSO)
Ms Sara MASSINI, Secretary General
European Network of Sport Education (ENSE)
Mr Thomas SKOVGAARD, President
European Olympic Committees (EOC)/Comités Olympiques Européens (COE)
Mr Niels NYGAARD, Acting president
European University Sports Association (EUSA)
Mr Andrej PISL, Communications and Projects Manager
FARE Network
Mr Pavel KLYMENKO, Head of Policy
Global Association of International Sports Federations (GAISF)
Mr Nis HATT, Managing Director
International Centre for Sport Security/Centre International pour la Sécurité Sportive (ICSS)
Mr Diogo GUIA, Director, Head of ICSS INSIGHT's delegation in Brussels
International Council of Sport Science and Physical Education/Conseil International pour l’Education Physique et la Science du Sport (ICSSPE)
Mr Uri SCHAEFER, President
International Dance Organisation (IDO)
Mr Patrik PEROSA, Advisor to the President
International SAMBO Federation/Fédération Internationale de Sambo (FIAS)
Mr Michal BUCHEL, Chief Executive Officer
International School Sport Federation/Fédération internationale du Sport scolaire (ISF)
Mr Kole GJELOSHAJ, Deputy Secretary General / CEO, Chair of the EPAS Consultative Committee
International Sport and Culture Association/L’Association Internationale du Sport et de la Culture (ISCA)
Mr Mogens KIRKEBY, President
Peace and Sport, « L'Organisation pour la Paix par le Sport »
Ms Pauline JOHANET, External Relations Manager
Play the Game (PTG)
Mr Jens Sejer ANDERSEN, International Director
Sports Rights Owners Coalition/Coalition des propriétaires de droits sportifs (SROC)
Mr Mark LICHTENHEIN, Chairman
The Association for International Sport for All - TAFISA Europe
Mr Janez SODRZNIK, Vice-President
Union of European Football Associations/L'Union des associations européennes de football (UEFA)
Mr Aleksander ČEFERIN, President
Specialised Agencies and Sports Organisations / Agences spécialisées et organisations sportives
Fédération Internationale de Football Association (FIFA)
Ms Annaliza TSAKONA, Senior Public Affairs Manager
International Olympic Committee (IOC) / Comité International Olympique (CIO)
Mr Christian KLAUE, Corporate Communications and Public Affairs Director
International Paralympic Committee (IPC)/Comité international paralympique (CIP)
Mr Kristof SCHELLER, Government Relations Senior Manager
Panathlon International
Mr Pierre ZAPPELLI, President
World Anti-Doping Agency (WADA)
Mr Witold BANKA, President
Appendix 3
Resolution No. 1
A European approach to Sport policies: the revision of the European Sports Charter
The Ministers responsible for Sport, meeting via video-conference under Greek presidency, for their 16th Council of Europe Conference:
Considering that the aim of the Council of Europe is to achieve a greater unity among its member States, inter alia by promoting common standards in the field of human rights and by monitoring and supporting their implementation;
Recalling member States’ obligation to secure to everyone within their jurisdiction the rights and freedoms enshrined in the Convention for the Protection of Human Rights and fundamental freedoms (ETS No. 5) and the protocols thereto, including providing an effective remedy before a national authority for violation of those rights and freedoms;
Recalling where relevant the obligations arising from the European Social Charter (ETS No. 35 and 163 [revised]), the Council of Europe Conventions on actions against trafficking in human beings (CETS No. 197), on the protection of children against sexual exploitation and sexual abuse (CETS No. 201), on preventing and combating violence against women and domestic violence (CETS No. 210), for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108 and CETS No. 223 [amended]), as well as other European and international human rights instruments;
Considering the European Sports Charter as a leading standard for sport policies and the backbone of the Council of Europe’s activity in the field of sport;
Considering Resolution No. 2 on Human Rights in Sport adopted at the 16th Council of Europe Conference of Ministers responsible for Sport;
Noting a number of developments affecting sport, in particular:
- the growing economic dimension (commercialisation) of some sports and its impact in the governance and operations of sports organisations;
- the acknowledgement of the risks of human rights violations in the context of sport and a growing commitment to respect and protect the human rights of athletes and all involved in sport;
- the increasing threats to the integrity of sport;
- the recognition of the importance for sports organisations to abide by good governance principles;
- the professionalisation of top athletes in some sports and the development of effective athlete representation based on elections by their peers;
- the development of sport activities in casual settings, in commercial structures and in ‘sport for all’ organisations;
- the importance of strengthening solidarity within the sports movement;
- an increased public awareness on the benefits of sports as a result of the COVID-19 pandemic;
Noting the key role and responsibilities of the various stakeholders in the field of sport;
Aware of the multiple benefits that sport brings to individuals and society and recognising the need to harness sport as an important factor to promote public health, inclusion and education;
Concerned by the impact of the Covid-19 crisis and the crisis management measures on sport and convinced that sport policies can play an important role in developing society and individuals’ resilience to future crises;
Concerned by the financial difficulties of the sport sector at top and grassroots levels due to COVID 19 and by the impact that the economic downturn will have on the practice of sporting activities;
Concerned by the exacerbation of the risk of human rights violations, in particular of individuals in situation of vulnerability and including the violation of rights of the workers involved in the global supply chain of sports goods and activities, the abuse of children, as well as broader risks associated with events and competitions;
Concerned by the threats to sport’s integrity, in particular doping, the manipulation of sports competitions and the discrimination of all sorts, violence, sexual harassment and abuse, and racism at sport events;
Committed to ensuring the compliance of sports activities with the principles of economic, social and environmental sustainability and concerned by the increasingly prevalent negative impact of climate change, resulting in both the heightened vulnerability of at-risk groups and the more frequent disruption of sporting activity by extreme weather conditions and natural disasters;
Recognising the importance and the long-standing benefits attributed to the current structures of sport in Europe where governing bodies shall continue to play a central role to oversee the organisation and functioning of their respective sport;
Recognising the expansion of sporting events in size and nature, namely the Olympic Games and football tournaments, and the importance of adopting an integrated multi-agency approach to guarantee safe, secure and welcoming sport events;
Resolved to embed the protection and promotion of human rights in the development of sport policies, including by promoting a fundamental right to access sport in a safe environment, both inside and outside school settings;
Convinced by the interest of using the European Sports Charter as a single standard of reference pursuing an integrated approach to a values-based sport and sport for all;
Interested in stimulating the use of the Charter to further develop co-operation between governments and the sports movement;
Stressing the common features of the organisation of sport in Europe as being:
- sport for all;
- values-based sport;
- solidarity;
- multi-stakeholder co-operation with a key role played by a non-profit sports movement.
Committed to supporting the implementation of the UN 2030 Agenda for sustainable development and acknowledging sport as an important enabler of development and peace;
Responding to the request from the 15th Council of Europe Conference of Ministers responsible for Sport (Tbilisi, 16 October 2018) to consider a revision of the European Sports Charter.
* * * * *
w welcome progress on the revision of the European Sports Charter and stress that the revised text should:
o recognise the common features of a European sport framework and its organisation based on values such as ethics, fair play, respect, solidarity, integrity, volunteerism, regard for human rights, innovation and sustainability;
o stress that the public authorities, the sports movement as well as the corporate and professional sectors should comply with applicable good governance principles;
o recognise the economic dimension of sport and the role that corporate and professional sectors play in sport;
o acknowledge that the development of sports policies should promote the development of networks between all the relevant public authorities, such as authorities in charge of sport, education, health, social services, town and country planning, innovation, digitalisation, culture and other leisure services, transport, justice, law enforcement, betting regulatory authorities, environment and development aid, as well as the local and regional authorities;
o facilitate access to sports for all layers of society, inter alia through investing in infrastructures for the practice of physical activity at the grassroots level, both inside and outside school settings;
w encourage member States to develop national sports strategies, based on the European Sports Charter and in co-operation with the sport movement and other relevant stakeholders;
w encourage member States to exchange best practices and experiences which result from the implementation of the national sports strategies reflecting the provisions of the European Sports Charter.
INVITE EPAS to:
w explore, in co-operation with Council of Europe human rights bodies, avenues to promote and enforce the “right to sport”;
w develop indicators, tools and advisory services based on evidence and collected data in order to support and monitor the development of national sports strategies, to facilitate and promote:
o the use of the European Sports Charter as guidance for the development by governments of their national policies for sport and, when appropriate, any relevant legislation;
o adherence by sports organisations to the principles set out in the Charter in the elaboration of their policies and in their operations;
w hold regular dialogue and conclude institutional partnerships with the sports movement and other relevant stakeholders to foster the implementation of the Charter;
w develop a communication plan and dissemination strategy and tools to promote the Charter, including by making use of digital technologies when promoting the European sports values.
INVITE the Council of Europe Committee of Ministers to:
w acknowledge the key role of sport for society for health, inclusion and education and the importance of sport policy at national, European and international level;
w welcome the Charter’s general guidance for the Council of Europe’s member States to perfect their policies and to develop a comprehensive framework for sport reflecting common values and principles;
w promote human rights and the rule of law in and through sport;
w acknowledge the role of sport in developing society and individuals’ resilience to sanitary and other crises, including climate change;
w invite States which have not yet done so to join EPAS and engage in this process;
w invite States to sign/ratify the Saint-Denis Convention on an Integrated Safety, Security and Service Approach at Football Matches and other Sports Events and the Macolin Convention on the manipulation of sports competitions. In States which are already Parties to the Conventions, invite the Sports Ministers to actively engage in the implementation and promotion of these conventions at national level;
w resume consultations with member States and the European Union in order to facilitate the removal of any obstacles to the ratification of the Macolin Convention by its member States.
WELCOME the expression of interest from Turkey to organise the next Council of Europe Conference of Ministers responsible for Sport.
Resolution No. 2
Human rights in sport
The Ministers responsible for Sport, meeting via video-conference under Greek presidency, for their 16th Council of Europe Conference:
Considering that the aim of the Council of Europe is to achieve a greater unity among its member states, inter alia by promoting common standards in the field of human rights and by monitoring and supporting their implementation;
Recalling member States’ obligation to secure to everyone within their jurisdiction the rights and freedoms enshrined in the Convention for the Protection of Human Rights and fundamental freedoms (ETS No. 5) and the protocols thereto, including providing an effective remedy before a national authority for violation of those rights and freedoms;
Recalling where relevant the obligations arising from the European Social Charter (ETS No. 35 and 163 [revised]), the Council of Europe Conventions on actions against trafficking in human beings (CETS No. 197), on the protection of children against sexual exploitation and sexual abuse (CETS No. 201), on preventing and combating violence against women and domestic violence (CETS No. 210), for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108 and CETS No. 223 [amended]), as well as other European and international human rights instruments;
Considering the importance of a human rights-based approach while addressing sport integrity issues such as safety, security and service at sports events, and to fighting doping and the manipulation of sports competitions;
Welcoming in this regard the role of the Council of Europe conventions in the field of sport - the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (ETS No 120), the Anti-doping Convention (ETS No. 135), the Council of Europe Convention on the manipulation of Sports competitions (CETS No. 215) and the Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events (CETS No. 218);
Considering the case-law of the European Court of Human Rights and the European Committee on Social Rights, as well as the findings, recommendations or decisions of other Council of Europe and United Nations human rights monitoring bodies of relevance in the field of sport;
Recalling the Recommendation of the Committee of Ministers to member States on gender mainstreaming in sport (CM/Rec(2015)2); the Recommendation of the Committee of Ministers to member States on integrated national strategies for the protection of children from violence (CM/Rec(2009)10) and the Recommendation of the Committee of Ministers to member States on preventing and combating sexism (CM/Rec(2019)1);
Considering the United Nations’ Guiding Principles on Business and Human Rights and the Council of Europe Committee of Ministers Recommendation on human rights and business (CM/Rec(2016)3);
Recalling Article 1 of the International Charter of Physical Education, Physical Activity and Sport adopted at UNESCO’s 38th General Conference stating that the practice of physical education, physical activity and sport is a fundamental right for all;
Recalling the International Declaration on Human Rights and Sport (Tbilisi Declaration) adopted at the 15th Council of Europe Conference of Ministers responsible for Sports;
Recalling that public authorities must respect, promote and protect human rights, which includes positive obligations to protect the rights of individuals from violations by non-State actors, such as the sports movement, corporate sport service providers and the sports goods industry;
Recognising that sport organisations have a responsibility to respect and protect human rights, including the right to a remedy for human rights violations;
Stressing the need to protect the rights and well-being of athletes, including the importance of ensuring decent working conditions and the fight against any type of violence, sexual harassment and abuse and discrimination in sport;
Stressing the importance of guaranteeing the rights of athletes and other sport participants of access to justice and to a fair trial;
Aware of the fact that the considerable economic interests tied to professional sport could prompt civil servants or members of sports movements, intermediaries or even families to adopt negligent or fraudulent practices leading to human rights risks and abuses;
Concerned in this regard with ongoing negligent and abusive practices observed in connection with the migration of athletes, particularly where young people’s fundamental rights and well-being are threatened;
Welcoming initiatives by the Enlarged Partial Agreement on Sport (EPAS) to continue promoting human rights in and through sport, in particular on gender equality and on child safeguarding;
Welcoming progress achieved by the Monitoring Group of the Anti-Doping Convention in the context of right to a fair trial and protecting whistle-blowers in anti-doping disciplinary proceedings;
Concerned by the human rights violations occurring in the context of sport, in particular against children, women, persons with disabilities, members of minority groups, athletes and other workers;
Concerned by the negative impact of the Covid-19 crisis which has highlighted the vulnerability of the sector and the need to increase its resilience to any future crisis, including climate change;
Concerned by the predicted negative impacts of climate change and the disproportionate risk it represents for vulnerable populations as mentioned above;
Convinced of the importance of further using sport as a vehicle for promoting human rights;
Considering that the Council of Europe is uniquely placed to make significant further contributions to the protection of human rights in sport.
* * * * *
The Ministers:
ENCOURAGE the member States to harness the potential of the Council of Europe to:
w further enhance the protection and promotion of human rights in the field of sport, in particular by:
o promoting the implementation of the standards contained in its various conventions by all sport stakeholders;
o encouraging the use of monitoring mechanisms to highlight human rights issues and violations and to guide action in the field of sport;
o promoting the T-DO recommendation on the principles of fair trial in anti-doping disciplinary proceedings;
o developing dialogue and co-operation with international organisations in charge of the protection of fundamental rights to ensure they pay attention to sport activities;
o continuing developing partnerships with non-State actors to embed human rights considerations in their policies and operations;
o continuing and fostering the co-operation with the European Union as a driver towards common objectives and values;
o continuing developing standards and tools on the protection of whistle-blowers, paying attention that they can be effectively applied in the field of sport;
o recognising the role of sport in mitigating the adverse effects of climate change, particularly as concerns the disproportionate negative impact of climate change on the human rights of vulnerable groups;
w promote sport and its many social and individual benefits to strengthen society’s resilience to global crises;
w make the protection of human rights a pillar of the revised European Sports Charter.
INVITE EPAS, where appropriate in co-operation with the sports movement and with other bodies, to:
w make the protection of human rights a priority, stimulate and regularly review and report on progress in this field;
w develop co-operation with the European Committee on Social Rights to promote the protection of athletes’ social rights in particular by:
o developing guidance on the relevance of the European Social Charter in the context of sport;
o preparing an expert opinion on the systems of athletes’ representation and proposals to strengthen social dialogue;
o encouraging athletes to learn skills in parallel with their sporting activity in order to ensure a successful vocational re-training at the end of their sporting career;
o promoting a fundamental right of access to sport;
w hold regular exchanges with relevant Council of Europe intergovernmental and monitoring bodies to share information on human rights in sport;
w develop co-operation with the Global Observatory on Women and Sport, which is due to be setup within the framework of the Unesco Kazan Action Plan;
w clarify its relationship with and involvement in the Centre for Sport and Human Rights;
w develop and facilitate access to a toolbox to communicate on the protection of human rights in sport through products such as handbooks, social media content, webinars and audio-visual material;
w disseminate knowledge and train sports officials on human rights issues, in particular through partnerships with sports organisations and with research and training institutions;
w engage with Council of Europe member States and the sports movement to:
o promote children’s rights and implement child safeguarding policies, in particular by further promoting and monitoring progress towards the implementation of the “Start to Talk” initiative to stop child sexual abuse and to take concrete measures to present and respond to abuse, and by implementing the Council of Europe conventions against child sexual exploitation and abuse, trafficking in human beings and violence against women and domestic violence;
o promote and monitor progress towards gender equality, notably by promoting gender mainstreaming in sport and following up to the data collected through the “ALL IN” project which show the need to make progress in a number of key areas;
o fight discrimination and hate speech, building upon the standards and guidance issued by the European Commission against Racism and Intolerance (ECRI) and the Steering Committee on Anti-Discrimination, Diversity and Inclusion (CDADI);
o use sport as a tool for integration of minorities, especially migrants;
o further explore human rights compliant solutions to facilitate the participation of athletes, irrespective of gender, in sports competitions, while ensuring equal opportunities for athletes in all their diversity, as well as the fairness of the competitions;
o embed human rights in the policies and operations of sports organisations.
INVITE Council of Europe member States to:
w integrate the protection of human rights in the design of sport policies, including the promotion of measures by sports organisations to prevent human rights violations and afford effective remedies thereto;
w use the Council of Europe standards and tools in particular to:
o further enhance the protection of children’s rights in sport;
o promote access to justice and the right to fair trial, including in the field of sport;
o enhance the promotion and protection of athletes’ economic and social rights;
o prevent, fight and respond to violence, discrimination, sexual harassment and abuse and hate speech;
o strive towards gender equality;
o adopt or enhance policies aimed at inter alia:
- using sport as a key contributor to improving physical fitness and mental well-being (right to health);
- protecting the right to the liberty and safety of athletes;
- promoting inclusiveness and diversity in sport and in sports events, as key elements for safer, more secure and more welcoming sport and sports events;
- defending media freedom in the field of sport and hosting of major sports events, within the boundaries of sports competitions organisers’ property rights and in accordance with the principles of proportionality;
- protecting the rights of migrant athletes, if necessary, by defining European standards for minor athletes migrating from third-countries to Europe;
- promoting sports policies that are compliant with the protection of personal data;
- defending athletes’ freedom of expression, reunion and association;
w financially support Council of Europe efforts in this field through voluntary contributions.
INVITE EPAS to present a report to the Committee of Ministers of the Council of Europe during the course of 2021, assessing progress on the implementation of the measures enshrined in this resolution.
[1] This document has been classified restricted until examination by the Committee of Ministers.
[2] Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Holy See, Hungary, Ireland, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovenia, Turkey and Ukraine.
[3] EU Athletes, ENGSO, ISCA, Panathlon International, European Olympic Committees, International School Sports Federation, UEFA, and WADA.
[4] In the ministerial round table, Poland made an interpretative declaration on Resolution No. 2, and formally requested the attachment of this declaration to this report (see Appendix 3).