Join us on 14 December at 12:00 CET for an online discussion on FIFA and UEFA’s responsibility in responding to the incident that overshadowed Spains’ victory of the Women's World Cup, when Spanish national team player Jennifer Hermoso experienced a violation of her bodily integrity and physical autonomy due to a forced kiss given to her by Luis Rubiales, then the Spanish FA's president.
During the 2023/2024 academic year, the Asser International Sports Law Centre dedicates special attention to the intersection between transnational sports law and governance and gender. This online discussion is the second in a series of (online and offline) events, which explore the way in which international sports governing bodies define the gender divide in international sports, police gender-based abuses, and secure gender-specific rights to athletes. You can watch the recording of our first virtual discussion on the Semenya judgment of the ECtHR on our Youtube Channel.
Just minutes after the Spanish women's national team had won the FIFA Women's World Cup, Rubiales congratulated the players on the podium and grabbed Hermoso's head and kissed her on the lips. This act not only shocked the players and the audience but also caused immediate international uproar and calls for resignation. Rubiales first defended his act, claiming that Hermoso had agreed to it. However, her statements right after it happened, as well as her official statement published just a few days after the event forcefully denied the consensual nature of the kiss. Hermoso felt “vulnerable and a victim of aggression, an impulsive act, sexist, out of place and without any type of consent". Three months later, Rubiales has been suspended by FIFA for three years, resigned as president of the Spanish FA, and is facing criminal prosecution for the crimes of sexual assault and coercion in Spanish national courts.
As extreme as this case sounds, it is not. In fact, it is a reflection of structural issues that exist in the world of women's football and women's sport more generally. Furthermore, this incident raises the question of the rights of the players subjected to such behaviour and the responsibility of sports governing bodies, and FIFA and UEFA in particular, insanctioning those who are engaging in such actions. How should SGBs respond to such incidents? What type of rules and procedures should they have in place? What are the measures that should be introduced to prevent similar actions in the future? What is the role of states (the Spanish state in the present instance) in investigating and prosecuting these cases?
We look forward to discussing these issues (and many others) with our three speakers, who have followed the case closely:
Kat Craig, human rights lawyer, founder and CEO of Athlead, Senior Adviser to the Centre for Sport and Human Rights;
Alexandra Gómez Bruinewoud, is a Senior Legal Counsel at FIFPRO and a judge at the FIFA Dispute Resolution Chamber;
- Borja Garcia is Reader in Sport Policy and Governance at School of Sport, Exercise and Health Sciences in Loughborough University
The online discussion will be introduced and moderated by Dr Antoine Duval and Dr Daniela Heerdt, and will include short presentations by the speakers and a Q&A with the audience.
This is a free event, you can register for it HERE
Editor’s Note: Oytun
Azkanar holds an LLB degree from Anadolu University in Turkey and an LLM degree
from the University of Melbourne. He is currently
studying Sports Management at the Anadolu University.
Introduction
On 19
October 2017, the Turkish Professional Football Disciplinary Committee (Disciplinary
Committee) rendered an extraordinary decision regarding the fixing of the
game between Manisaspor and Şanlıurfaspor played on 14 May 2017. The case
concerned an alleged match-fixing agreement between Elyasa Süme (former
Gaziantepspor player), İsmail Haktan Odabaşı and Gökhan Sazdağı (Manisaspor
players). The Disciplinary Committee
acknowledged that the evidence
relevant for proving the match-fixing allegations was obtained illegally and therefore
inadmissible, and the remaining evidence was not sufficient to establish that the game
was fixed. Before discussing the allegations, it is important to note that the
decision is not only significant for Turkish football but is also crucial to the
distinction between disciplinary and criminal proceedings in sports. More...
The summer saga surrounding Luis
Suarez’s vampire instincts is long forgotten, even though it might still play a
role in his surprisingly muted football debut in FC Barcelona’s magic triangle.
However, the full text of the CAS award in the Suarez
case has recently be made available on CAS’s website and we want to grasp this
opportunity to offer a close reading of its holdings. In this regard, one has
to keep in mind that “the object of the appeal is not to request the complete
annulment of the sanction imposed on the Player” (par.33). Instead, Suarez and
Barcelona were seeking to reduce the sanction imposed by FIFA. In their eyes, the
four-month ban handed out by FIFA extending to all football-related activities
and to the access to football stadiums was excessive and disproportionate. Accordingly,
the case offered a great opportunity for CAS to discuss and analyse the
proportionality of disciplinary sanctions based on the FIFA Disciplinary Code (FIFA DC). More...
Luis Suarez did it again. The serial biter that
he is couldn’t refrain
its impulse to taste a bit of Chiellini’s shoulder (not really the freshest
meat around though). Notwithstanding his amazing theatrical skills and escaping
the sight of the referee, Suarez could not in the information age get away with
this unnoticed. Seconds after the incident, the almighty “social networks” were
already bruising with evidence, outrage and commentaries over Suarez’s misdeed.
Since then, many lawyers have weighed in (here,
here
and here)
on the potential legal consequences faced by Suarez. Yesterday FIFA’s
disciplinary committee decided to sanction him with a 4 months ban from any
football activity and a 9 International games ban. In turn, Suarez announced that
he would challenge the decision[1],
and plans on going to the Court of Arbitration for Sport if necessary[2]. Let’s be the advocates of the cannibal!More...