Feature: Sport and Human Rights
No.48
September 2006
 
  print / save view 

The Development of the Human Rights of Individuals with Disabilities in Sport at the United Nations and Beyond
Elise C. Roy

 

Abstract
Although the human right for people with disabilities to participate in sport or physical activity is not a newly recognized right at the United Nations, it has been just recently that the momentum to guaranteeing this right across the world has begun. The following paper will examine both the drafting of the Disability Convention and the International Year of Sport and Physical Education’s contribution to the human rights movement in sport. It will also discuss the founding of the International Disability in Sport Working Group and provide a list of challenges that the working group foresees for the future.

Introduction
The movement towards recognizing and capitalizing on the human rights involved in sport 1, especially for people with disabilities, has only recently begun to gain momentum 2. This newfound impetus, however, is not because the human right to participate in sport and physical activity is a new right recognized by the United Nations or other regional bodies; in reality the human right to participate in sport and physical activity has been accepted at the international level for almost 30 years. As early as 1978, UNESCO drafted the International Charter on Physical Education and Sport, which explicitly states that “The practice of physical education and sport is a fundamental human right for all.” 3 The Charter emphasizes that every person is entitled to participate in sport, including women, children and youth, the elderly and those with disabilities. 4
Besides UNESCO’s Charter, two other international instruments contain provisions that protect the human right to participate in sport and physical activity. However, unlike UNESCO, the documents focus specifically on disability and not on sport. In 1982 the United Nations created the World Programme of Action Concerning Disabled Persons 5 and in 1993 they created The Standard Rules on the Equalization of Opportunities for Persons with Disabilities. 6 Both instruments contained Articles that recognized people with disabilities’ right to sport. 7
However, the true catalyst for this recent acknowledgement by societies across the world of the role of sport in development, especially in the context of people with disabilities, has come from two key actions taken by the United Nations: (1) establishing an ad hoc committee in 2001 to create a legally binding Convention to protect the rights and dignity of people with disabilities and (2) declaring 2005 as the International Year of Sport and Physical Education.
The following paper will examine the importance of sport in human development for people with disabilities framed by the Convention process and UN Year of Sport and Physical Education. It will also discuss the formation of an International Disability in Sport Working Group and the future challenges in developing people with disabilities in sport.

The Implications of Sport for the Human Development in the Context of People with Disabilities
The ability to participate in sport is not only a human right, but it also serves as an enabler of other human rights. If we take the example of individuals with disabilities in refugee camps, why should the United Nations care about providing newly disabled refugees with sports programs when they are having trouble merely providing them with basic food, water and medical supplies?
Newly displaced refugees are often individuals who have just lost their job, their homes, have seen family members shot in front of their own eyes, are newly disabled or are suffering from the trauma of war. Many times those that are newly disabled feel as if their lives are simply over because of the negative stereotypes toward people with disabilities found in their cultures. However, when these individuals are placed in a sports realm, their mindset changes from one of disability to that of ability. 8 The focus is on their ability to score a goal or block a shot; not on the fact that their bodies differ from “normal” standards set by society. 9 They start seeing that their body, although it functions in a different way, is still capable of doing things they never thought it would be capable of doing.
Sport also changes the perceptions of those observing. The onlookers begin to see these individuals with disabilities doing things they would never have imagined them able to do. Each time their initial belief about those with disabilities is proven wrong, they become more inclined to believe that these people with disabilities are capable of accomplishing more. It also effectively tackles social exclusion. In Cambodia, Handicap International conducted a three-day camp placing people with disabilities with people without disabilities. 10 After the three days, they found that exposure to people with disabilities that the camp fostered, had positively influenced and improved the perceptions of disability in the children participating. 11
Sport also teaches social skills to individuals with disabilities. It teaches cooperation, respect, self-esteem and leadership. 12 The value of learning these skills is especially important for people with disabilities because they are frequently excluded from the educational system and other arenas where their non-disabled peers receive these skills.
The United Nations has also recognized that sport is low cost. A soccer ball can be made from scraps and a goal made from throwing two shirts down on the ground. Sport is also universal – it is found in even the most desolate places on earth. As a result, it is a universal language, understood by all, despite native language barriers. 13
The health benefits of sport are similarly immense. Not only does it lead to a healthy lifestyle but it also serves as an inexpensive means of physical and psychological rehabilitation. Additionally, it is an excellent platform to educate about health issues such as HIV/AIDS. 14 This is because it is a safe environment, where athletes trust and respect their coaches. 15 It is also an environment where the individuals are taught respect for the body. 16 Further, it brings large groups of people from a community together in a fun way, increasing the number of people these important messages will reach. 17
Sport also contributes to sustainable economic development. 18 It creates jobs for coaches, for those involved in making sport equipment and for industry service providers. It serves as a platform to teach entrepreneurial business skills, such as strategy, teamwork and planning. It also is a realm for potential employees to gain the skills necessary to become successful workers.
Finally, since the sport arena has incredible social networks through volunteerism and support via community leaders and teachers – more than any other human activity, including religion – the possibilities for influence on decision makers is endless and can be a strong catalyst for social mobilization.

The Disability Convention
The true change in perceptions that started to legitimize human rights for people with disabilities in sport began with the resolution of the UN General Assembly on the 19th of December in 2001, to establish an Ad Hoc Committee "to consider proposals for a comprehensive and integral international Convention [i.e. treaty] to promote and protect the rights and dignity of persons with disabilities.” 19 After advocates convened several times a year, for five years, on August 25th 2006, a U. General Assembly panel approved the draft text. The text is expected to be approved during the 61st session of the 192 nation General Assembly, which began in September 2006.
The sport and physical activity text is as follows:
With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:
  1. To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;
  2. To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities, and to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;
  3. To ensure that persons with disabilities have access to sporting and recreational and tourism venues;
  4. To ensure that children with disabilities have equal access to participation in play, recreation, and leisure and sporting activities, including those activities in the school system;
  5. To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.
The proposed Convention differed from all other documents previously created by the United Nations focusing on disability because those were not considered “legally binding.” This means “that the parties [to the past documents did] not intend to create binding obligations but merely want to declare certain aspirations.” 20 This movement towards the creation of a legally binding instrument specifically protecting the human rights of people with disabilities would produce not only an instrument that could be enforced, but also serve as a catalyst for a renewed rights movement across the world.
The need for this Convention was aptly pointed out by Mary Lou Breslin and Sylvia Yee, two scholars in the field of international disability rights, who note that the existing state of international law addressing disability rights is that of a “toothless tiger.” 21 They state that a new treaty would,

“Legitimize claims for additional attention and resources from the human rights division of the United Nations, governments, and other organizations; …[it] would provide an opportunity to both add specific content to the human rights of persons with disabilities and address hitherto unexplored areas… [it] would give disability rights organizations a specific tool for promoting human rights for persons with disabilities in domestic contexts and to their own governments … [and it] would be a catalyst for empowering and mobilizing the global disability rights movement.” 22
Since the Convention’s inception, an article on the right to participate in sport was introduced in draft texts.23 However, despite these positive contributions, disability in sport advocates at the United Nations continued to battle a population that was largely ignorant about people with disabilities in sport. Many of those at the United Nations typically belonged to an older generation that did not have a high percentage of participants in sport. This made it difficult for the right to be recognized, respected and accepted. In the beginning, disability advocates stood up in caucus 24 meetings questioning whether sport was even a human right. As a result, disability in sport advocates started moving away from the use of the term “sport” and towards “physical activity” because this was a more widely accepted term and focused on the more concrete benefits of sport as opposed to merely elite sports. The advocates began ingraining in the minds of advocates that sport is not a luxury, but at the most basic level a human right and that it is essential for all individuals to lead healthy, fulfilling lives.
The advocates also embarked on an educational campaign in order to outfit state parties with the necessary knowledge and tools to create an effective Article. In June of 2004, they held a briefing at the United Nations, inviting speakers from all over the world to address an audience of over 80 State Delegates and non-governmental organizations (NGO’s) on the issues involved in people with disabilities in sport. One of the biggest misunderstandings between state delegates was the different settings in which individuals with disabilities participate in sport.
The first setting is one in which an athlete with a disability competes with athletes without disabilities, known as participating in “mainstream activities.” An example of this is a deaf athlete competing in National Collegiate Athletic Association (NCAA) soccer with athletes who are not deaf. In this realm, the athlete faces discrimination comparable to women and ethnic/racial minorities. An athlete often experiences unfounded discrimination about his or her playing capabilities. Coaches may start with low expectations for the individual with a disability, making the athlete have to raise the bar that much higher than his peers without disabilities. Or the athlete with a disability might not even be given the chance to participate – a physical education teacher may fail to see ways to adapt the sports to include them or just assume that they are unable to participate. Individuals with disabilities may also not receive the necessary accommodations for their disability. For example, a deaf athlete participating with hearing peers, needs a sign language interpreter to ensure that he or she can benefit from coaching at a comparable level as other athletes.
The second realm is known as “disability-specific sport.” In this realm, individuals with disabilities participate with other individuals with comparable disabilities. Due to diverse mobility capabilities, full integration into mainstream sports and recreation activities is not possible for a large percentage of the disability population. For example, consider the safety risks involved if able-bodied athletes compete with persons in wheelchairs in contact sports. 25 Thus, disability-specific programming is important for realizing equal opportunity in sport. Many of these sports are adapted forms of mainstream sports such as sled hockey where individuals with lower limb impairments use sleds as skates. In this realm, individuals with disabilities often experience discrimination in the form of not having access to coaches that are trained in adapting sport to fit the needs of those competing with disabilities, or not being able to access the local gym or recreation fields because they are not outfitted with wheelchair ramps or other necessary accommodations. Thus, athletes in disability specific sport require different resources than their mainstream counterparts.
In one of the initial drafts of the policy, it included a provision that stated, “ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and to receive the same [emphasis provided] instruction, training and resources in support that is available to other participants.” 26 Although the intent here was benevolent, the potential policy implications were to give a group of individuals who could not move without wheelchairs access to gyms with steps or to coaches who had no idea how to train athletes with disabilities in games such as wheelchair rugby. Further, it would not have required equipment, games and resources to be adapted to the needs of the athletes with disabilities in order to actively participate in sports. Instead, disability in sport advocates successfully urged the replacement of “same” with “appropriate”, reflecting the fact that individuals with disabilities often need different resources, etc. As a result of the different protections needed in these different settings, a subclause was drafted for each disability-specific sport and mainstream sport. 27
Another problem encountered in the initial language was that “participation” was not defined. As a result, it could be interpreted to mean merely serving as a scorekeeper. In the final draft text participation has been qualified by stating, “To encourage and promote the participation, to the fullest extent possible” [emphasis provided].
At the beginning of the Convention, the article on sport and physical activity did not contain specific mention of vulnerable populations in sport – i.e. women with disabilities, children and refugees. 28 Disability in sport advocates were successful in obtaining special protection for children’s right to play as well as their right to actively participate in physical education. The advocates were also successful in obtaining special protection for women in the sporting realm even though the Article on sport does not specifically address gender. The Convention includes this special protection for women in Article 6, which prevents discrimination on the basis of sex, throughout all articles of the Convention. Advocates lobbied for the use of the word “gender” instead of “sex” because it protected a broader group of people i.e. transgender or intersex athletes. However, during the final meeting, “gender” was replaced with “sex.” Although disability in sport advocates were able to convince some countries to take up the issue of refugees,29 they were unsuccessful in getting it included in the final draft text.
These meetings served as an important impetus to expand recognition of the human development potential that sport brings for people with disabilities because not only does it serve as a potential vehicle to bind governments legally to their obligations in the realm of people with disabilities in sport but it also brought leaders from all over the world together to work on the Convention. After the meetings, these leaders go back to their native countries to continue the momentum of the Convention in their homelands.

2005: The International Year of Sport and Physical Education
The second catalyst that has brought the human rights embodied in sport to the global consciousness was a decision in November of 2003 by the United Nations to declare 2005 as the International Year of Sport and Physical Education. 30 The United Nations acknowledged that despite past UN documents delineating the developmental benefits of sport, the world was far behind in using it to help achieve human development to the fullest potential. 31 They also noted “that sport and physical education in many countries face increasing marginalization within educational systems.” 32 They hoped that the year would increase sports role in promoting education, health, development and peace. 33
The reaction from the year of sport was immensely successful. “70 countries identified multi-stakeholder national committees or national focal points to plan, coordinate and implement national observance of the Year, thousands of local projects were initiated. Also during this time over 20 international conferences and 18 regional conferences were held within the context of the International Year of Sport and Physical Education and thousands of other initiatives strengthened the role of sport and physical education as an integral dimension of the development and cooperation strategies of all stakeholders including sports organizations, athletes, multilateral organizations and the United Nations system, bilateral development agencies, Governments across all sectors, the armed forces, non-governmental organizations, the private sector and sports industry, research institutions and the media.” 34 According to the Special Rappeteurs final report, the “International Year contributed to a better understanding of the value of sport and physical education for human development and a more systematic use of sport in development programmes.” 35
However, largely absent from the International Year of Sport and Physical Education’s agenda were conferences, educational initiatives and programs that specifically focused on disability, even though there were many focusing on sport and gender.36

Formation of a Working Group
As the meetings drew to a close, disability in sport advocates began formulating an International Disability in Sport Working Group. Not only was there an absence in the UN Sport office focusing on disability but the policy that the advocates had been working on for so long was only as effective as the programs, research and momentum that grew out of it.
The mission of the International Disability in Sport Working Group is to advance and protect people with disabilities’ human rights as they relate to sport. 37 The working groups goals are:
  1. To promote the advancement of human rights for people with disabilities as they relate to sport.
  2. To monitor the status of people with a disabilities’ right to sport in all regions of the world.
  3. To develop and support research that enhances people with disabilities' human rights to sport.
  4. To develop and support sport and physical activity programmes for people with disabilities. 38
The working group has successfully secured support from UN Year of Sport and Physical Education, UNICEF, the International Women in Sport Working Group (a parallel working group that focuses on women), Special Olympics International, the Deaflympics, the International Paralympic Committee and from top international organizations involved in disability in sport development such as Rehabilitation International, Disabled People International (DPI) and Landmine Survivors Network.
Following in the footsteps of the Convention, the working group must ensure that the momentum created by the UN Year of Sport and Physical Education as well as the Convention is not lost. Every possible media outlet should be utilized to spread information about the Convention and people with disabilities in sport. Campaigns to get countries to ratify the treaty must be undertaken, because if a country does not sign the Convention, the Convention cannot protect that country’s disabled population. Another challenge is educating a largely uneducated world about people with disabilities in sport, and in the process, using sport to adapt communities’ minds about people with disabilities. It will be important also to continually monitor access to sport and physical activity for people with disabilities across the globe to ensure that these rights are given. We must also fill the gap in research related to disability in sport and the human rights associated with it. Hard academic research must be done in the field in order to provide evidence of the benefits of people with disabilities participating in sport, along with their socio-economic development. Finally, it will be important to ensure that governments and other organizations involved in sport interpret the Convention to the greatest benefit of people with disabilities (i.e. the fact that discrimination on the basis of sex is prohibited in realm of people with disabilities in sport).



1 The term “sport” throughout this paper will refer to all levels of physical activity – sport, recreation, play and leisure.
2 Final Report: International Year of Sport and Physical Education 2005, Para 98, page 20.
3 Article I, UNESCO International Charter on Physical Education and Sport.
http://www.unesco.org/education/information/nfsunesco/pdf/
SPORT_E.PDF#search=%221978%20UNESCO%20charter%20
on%20sports%20and%20physical%20education%22

(last accessed August 17, 2006).
4 Id. at 1.3.
5 See http://www.un.org/esa/socdev/enable/dissre00.htm (last accessed August 17, 2006).
6 See http://www.un.org/esa/socdev/enable/dissre00.htm (last accessed August 17, 2006).
7 The World Programme of Action Concerning Disabled Persons states, “The importance of sports for disabled persons is becoming increasingly recognized. Member States should therefore encourage all forms of sports activities of disabled persons, inter alia, through the provision of adequate facilities and the proper organization of these activities.” The Standard Rules state in Rule 11, “States will take measures to ensure that persons with disabilities have equal opportunities for recreation and sports.
  • States should initiate measures to make places for recreation and sports, hotels, beaches, sports arenas, gym halls, etc., accessible to persons with disabilities. Such measures should encompass support for staff in recreation and sports programmes, including projects to develop methods of accessibility, and participation, information and training programmes.
  • Tourist authorities, travel agencies, hotels, voluntary organizations and others involved in organizing recreational activities or travel opportunities should offer their services to all, taking into account the special needs of persons with disabilities. Suitable training should be provided to assist that process.
  • Sports organizations should be encouraged to develop opportunities for participation by persons with disabilities in sports activities. In some cases, accessibility measures could be enough to open up opportunities for participation. In other cases, special arrangements or special games would be needed. States should support the participation of persons with disabilities in national and international events.
  • Persons with disabilities participating in sports activities should have access to instruction and training of the same quality as other participants.
  • Organizers of sports and recreation should consult with organizations of persons with disabilities when developing their services for persons with disabilities.”
8 Karen DePauw and Susan Gavron, “Disability and Sport”, Human Kinetics, at 10 (1995).
9 Elise Roy, “Using Sport as a Muscle for Integration: The Legal Rights of Athletes with Disabilities to Participate in Recreational and Sporting Opportunities.” (not published, 2003).
10 Jenny Ikelberg, et al. Fun Inclusive!
http://www.handicap-international.org.uk/pdfs/Fun_Inclusive_Sport_and_Disability.pdf (Last accessed August 29, 2006).
11 Id.
12 Sport for Development and Peace: Towards Achieving the UN Millennium Goals, United Nations, at V(2003).
13 Id. at 17.
14 HIV/AIDS awareness campaigns for people with disabilities are even more vital as “literacy rates for disabled individuals are exceptionally low, thus making communication of messages about HIV/AIDS all the more difficult.” (HIV/AIDS and People With Disability, The Lancet, vol. 361, April 26, 2003, p. 1401-1402.) In addition, individuals with disabilities are frequently overlooked in HIV/AIDS awareness campaigns because they are often not viewed as sexual individuals or drug users. However in reality,
“those with [a] disability - and disabled women in particular- are likely to have more sexual partners than their non-disabled peers. Extreme poverty and social sanctions against marrying a disabled person mean that they are likely to become involved in a series of unstable relationships. Disabled individuals (both male and female) around the world are more likely to be victims of sexual abuse and rape than their non-disabled peers.”
Id.
15 Id. at 22.
16 Id.
17 Id.
18 Id. at 11.
19 See Resolution 56/168 http://www.un.org/esa/socdev/enable/disA56168e1.htm (last accessed August 17, 2006).
20 See http://untreaty.un.org/English/guide.txt (last accessed August 17, 2006).
21 Mary Lou Breslin and Silvia Yee, “Disability Rights and Policy: International and National Perspectives,” Transnational Publishers, at 18 (2002).
22 Id.
23 See Working Paper Submitted by Mexico, Article 16: “States Parties shall ensure that persons with disabilities have access to and the enjoyment of:
  1. Recreational, cultural, and sports activities through adaptations which facilitate them the use of related facilities and services.
  2. Their integration into routine sports activities and national as well as international competitions.
  3. A system of scholarships or special incentives for cultural, artistic, and sports activities.”
http://www.un.org/esa/socdev/enable/rights/adhocmeetaac265w1e.htm, A/AC.265/WP.1 (last accessed August 29, 2006).
24 For the first time ever in an international treaty drafting process non-governmental organizations (NGO’s) were able to actively participate in discussions regarding the draft text. The forum created for the NGO voice was an International Disability Caucus (IDC), which appointed representatives to voice the collective NGO stand.
25 Elise Roy, “January 2004 Draft Working Group Disability Convention Text Critique” (distributed only at the United Nations) (March 2004).
26 See http://www.un.org/esa/socdev/enable/rights/ahcwgreporta24.htm (Last accessed August 29, 2006).
27 Please refer to page, 6 for the full text of these subclauses.
28 See http://www.un.org/esa/socdev/enable/rights/ahcwgreportax1.htm (Last accessed August 29, 2006).
29 See Report of the Third Session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of People with Disabilities, A/AC.265/2004/5, (June, 9 2004).
30 A/RES/58/5, “Sport as a means to promote education, health, development and peace.”
31 Id.
32 Id.
33 Id.
34 Final Report International Year of Sport and Physical Education.
http://www.un.org/sport2005/a_year/IYSPE_Report_FINAL.pdf at 2, (2005)
35 Id.
36 The Year of Sport did hold a conference on Rehabilitation Through Physical Activity and Sport that addressed adapted sport and also focused on the psychological effects of the Southeast Asia tsunami. The Year of Sport also formed partnerships with the International Paralympic Committee and Special Olympics as well as had a small section on their website devoted to sport and disability. However, there were no tangible results felt as in the gender realm.
37 International Disability in Sport Working Group Goals and Objectives, internal memorandum (January 2006).
38 Id.


Contact
Elise Roy, JD
Center for the Study of Sport in Society
USA
Eliser77@gmail.com




http://www.icsspe.org/portal/index.php?w=1&z=5