FIFA rules, from the Statutes to the Disciplinary Code, enshrine equality and non-discrimination based on sexual orientation, but sports agents in the 2022 World Cup are trapped by other rules that promote neutrality, explains Alexandre Miguel Mestre to Lusa .
The lawyer, a specialist in sports law, pointed out the inherent contradiction between the rules of that body, questioned by Lusa about the behavior of FIFA and the organization of the 2022 World Cup, in Qatar, regarding the use of bracelets of ‘ captain’ by the players, with messages evocative of the rights of the LGBTQI+ community, the word “love” (‘love’) inside the Belgium shirt, and the removal of other symbols and clothing in the stands by part of the supporters including the rainbow flag.
From clothing issues to the German team, which lined up for a photo before the debut in the 2022 World Cup with their hands covering their mouths, in a ‘gag’ gesture of their freedom of expression, the right to demonstrate, on the ground of game. or in the stands, it has become one of the many controversies surrounding the tournament, where after the human rights abuses of migrant workers, women’s freedoms and LGBTQI+ rights are also discussed, given that in Qatar the homosexuality is a crime.
In the Statutes and regulations, he says, “FIFA enshrines the principle of equality, in terms of non-discrimination, that is, for reasons of sexual orientation.”
By the way, disrespect for these rules “is prohibited and even sanctioned with suspension or expulsion” for those who “contradict this principle,” says the jurist.
This consecration complies with two other important letters, one the FIFA Disciplinary Code, which “sanctions an offense against the dignity of the human person with a suspension of at least 10 matches” or another disciplinary sanction, even for reasons of sexual orientation.
On the other hand, FIFA is recognized by the International Olympic Committee (IOC) as the body responsible for governing football, so this international federation is obliged to respect the Olympic Charter.
In this document “non-discrimination based on sexual orientation is typified.”
Thus, it would be “expected and coherent that an athlete could, even on the field, demonstrate against the violation of human rights.”
“However, there is another issue upstream, paradoxically or not, also reflected in the FIFA rules. FIFA is committed to neutrality, specifically on the political and religious level, which tacitly indicates that it intends to do so also in matters such as the LGBTQI + cause. recalls Alexandre Miguel Mestre.
The Abreu Advogados consultant, who collaborates with UEFA in the governance and compliance committee, also refers to the FIFA Equipment Regulations, which “prohibits athletes from wearing messages of a political, religious nature on their kit” or personal, too. as “slogans of any nature”, which is in line with the specific regulations of this World Championship.
This document, moreover, even refers to the athlete’s own body, and not just the equipment, from clothing to water bottles or medical bags, and is based on this prohibition “that FIFA has the legitimacy to impose disciplinary sanctions on Players”.
These measures, says the former Secretary of State for Sports and Youth, are not indicated in terms of their seriousness, that is, they can go ‘unpunished’, with just a notice, or go through a prolonged suspension.
🇧🇷[Este quadro] it is a deterrent for athletes, who fear a scenario that will seriously affect the development of their career”, highlights the also university professor.
Source: TSF
