Right to participate in sporting competition: a human right or legal fiction and the Russian legal framework for sport

Abstract

It is apparent that training and sporting competitions are the most important elements of sport as a type of physical activity. Taking part in sporting competition, an athlete has an opportunity to show athletic performance as well as strengths and weaknesses, but the main issue is that a sports federation (or sports club) may select this athlete for participation in national, European, or international sporting competitions, i.e., which can include naming the athlete to a sports team. Sporting competition provides a “room for athletes’ improvement.” Thus, each sports federation or sports club based on the results of competition conducts an election procedure and decides which athletes should be included on the national team. The election is a very difficult procedure, involving a great number of sport subjects. The Russian legislation recognizes the right of its citizens to participate and compete in sport, but in the meantime, certain sporting competitions permit only a certain category of competitor. The author examines whether the rules and regulations of such competitions need to be changed to allow all to participate.