Abstract
Every 4 years, the Paralympic Games (both the Summer and Winter editions) showcase the sporting performances of disabled persons. The Paralympic Movement has strived to promote the inclusion of disabled persons into society through sports, but the endeavours of the Paralympic Games are limited due to various features of the said Games, from the limitations of disability classification at the Paralympic Games, the increasing prominence of technology in disability sports, to the inapt media portrayal and ‘supercrip’ campaigning at the Paralympic Games. The Paralympic Games, as a separate sporting event from the Olympic Games, also exacerbate and reinforce the medical perception of disabilities in society. This paper discusses the extent to which the Paralympic Games has promoted the inclusion of disabled persons into society through sports, in light of the human rights framework found in the Convention of the Rights of Persons with Disabilities and other core international human rights treaties. This paper will conclude that while the Paralympic Games is limited in its endeavours, the said Games does promote sports for disabled persons as an ideal and an endeavour as an elite sport for disabled person, as part of the Paralympic Movement, as well as espouse the enjoyment of fundamental rights and freedom for disabled persons in society. This paper will also proffer recommendations which can be embarked upon to promote better inclusion of disabled persons into society through the Paralympic Games.
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Notes
The Paralympic Games in 1996 was held in Atlanta, USA.
Brittain and Wolff (2007).15/02/2020 08:27:00.
Disablism is a term conceived by Miller, Parker, and Gillison, which describes the ‘discriminatory, oppressive or abusive behaviour arising from the belief that disabled people are inferior to others’. See Miller et al. (2004).
Brittain (2011), p. 1.
International Olympic Committee (2019) IOC and IPC to partner until 2032. In: International Olympic Committee. https://www.olympic.org/news/ioc-and-ipc-to-partner-until-2032. Accessed 10 June 2019.
The Stoke Mandeville Games only ceased to occur in the early 1990s, but the games were held in conjunction with the Olympic Games from 1960.
The term ‘disabled person’ (or its plural noun) shall be used throughout this article with the same meaning and connotation with ‘person living with disabilities’ or ‘person experiencing disabilities’.
Guttmann (1952).
Brittain (2011), p. 2.
Inside the Games The History of the Paralympic Movement. In: Inside the Games. http://www.insidethegames.biz/articles/1010776/the-history-of-the-paralympic-movement. Accessed 10 June 2019.
Until 1960, the Games was was known as the Stoke Mandeville Games.
Brittain (2011), p. 91.
Tweedy and Howe (2011).
Historic ‘One Bid, One City’ agreement. In: International Paralympic Committee. https://www.paralympic.org/feature/2-historic-one-bid-one-city-agreement. Accessed 30 July 2019.
Welcome! In: Deaflympics. deaflympics.com. Accessed 25 July 2019.
Welcome. In: International Committe of Sport for the Deaf. ciss.org. Accessed 25 July 2019.
Special Olympics. In: Special Olympics. https://www.specialolympics.org/. Accessed 25 July 2019.
Inside the Games The History of the Paralympic Movement. In: Inside the Games. http://www.insidethegames.biz/articles/1010776/the-history-of-the-paralympic-movement. Accessed 10 June 2019.
Darcy (2018a).
Brittain (2011), p. 91–105.
Ibid.
About Us. In: International Paralympic Committee. https://www.paralympic.org/the-ipc/about-us. Accessed 23 June 2019.
Karageorgos and Higgs (2018), p. 282.
Sports as a Means to Promote Education, Health, Development and Peace, GA Res 60/9, UN Doc A/RES/60/9 (17 January 2006, adopted 3 November 2005).
Karageorgos and Higgs (2018), p. 273.
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
The International Bill of Human Rights consist of three main documents, viz. the Universal Declaration of Human Rights, GA Res 217A(III), UN GAOR, UN Doc A/811 (10 December 1948) (‘UDHR’), International Covenant on Civil and Political Rights and its Optional Protocols, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 23 March 1976) (‘ICCPR’), and International Covenant of Economic, Social and Cultural Rights, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 3 January 1976) (‘ICESCR’).
Other major core UN treaties include Convention on the Elimination of All Forms of Discrimination against Women, GA Res 34/180, UN Doc A/RES 34/108 (3 September 1982, adopted on 18 December 1979) (‘CEDAW’), International Convention on the Elimination of All Forms of Racial Discrimination, GA Res 2106(XX) (4 January 1969, adopted on 21 December 1965), and Convention on the Rights of the Child, GA Res 44/25, UN Doc A/RES/44/25 (2 September 1990, adopted on 20 November 1989) (‘CRC’).
Stein (2017), p. 5.
Convention on the Rights of Persons with Disabilities (CRPD)| United Nations Enable. https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html#Fulltext. Accessed 1 June 2019.
Ibid.
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
The International Bill of Human Rights consist of three main documents, viz. the Universal Declaration of Human Rights, GA Res 217A(III), UN GAOR, UN Doc A/811 (10 December 1948) (‘UDHR’), International Covenant on Civil and Political Rights and its Optional Protocols, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 23 March 1976) (‘ICCPR’), and International Covenant of Economic, Social and Cultural Rights, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 3 January 1976) (‘ICESCR’).
Other major core UN treaties include Convention on the Elimination of All Forms of Discrimination against Women, GA Res 34/180, UN Doc A/RES 34/108 (3 September 1982, adopted on 18 December 1979) (‘CEDAW’), International Convention on the Elimination of All Forms of Racial Discrimination, GA Res 2106(XX) (4 January 1969, adopted on 21 December 1965), and Convention on the Rights of the Child, GA Res 44/25, UN Doc A/RES/44/25 (2 September 1990, adopted on 20 November 1989) (‘CRC’).
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Ibid.
Beep baseball is an adapted form of baseball for visually-impaired athletes, using a ball that beeps. See The Official Site of the National Beep Baseball Association| NBBA.org Homepage. https://nbba.org/. Accessed 29 July 2019.
There are various disability classification for athletics at the Paralympic Games, from visual impairment to intellectual impairment, to physical impairment. Within each impairment, there are various class of disability for competition, based on the mode of competition (the use of wheelchair or throwing frame) and extent of disability. See World Para Athletics Classification & Categories. https://www.paralympic.org/athletics/classification. Accessed 29 July 2019; (2018) World Para Athletics Rules and Regulations (2018–2019).
There are various disability classification for swimming at the Paralympic Games, from visual impairment to intellectual impairment, to physical impairment. Within each impairment, there are various class of disability for competition, based on the strokes type and sports class. See World Para Swimming Classification & Categories—SB9, SM8. In: International Paralympic Committee. https://www.paralympic.org/swimming/classification. Accessed 29 July 2019.
Boccia is a game at the Paralympic Games similar to bowls and pentaque, wherein the ball is thrown or rolled to the white target ball, jack. See Boccia—Paralympic Athletes, Photos & Events. In: International Paralympic Committee. https://www.paralympic.org/boccia. Accessed 25 June 2019.
Goalball is a game at the Paralympic Games for visually-impaired athletes. With a ball with bells embedded within it, players throw the ball into the opponent’s goal. See Goalball—Paralympic Athletes, Photos & Events. In: International Paralympic Committee. https://www.paralympic.org/goalball. Accessed 25 June 2019.
De Bosscher et al. (2006).
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Since the Paralympic Games in 1960 to 2012, there is a 1059% increase in athletes participation and 250% increase in number of sports. See Kerr (2018).
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
International Olympic Committee (2016) Host City Contract—Principles: Games of the XXXIII Olympiad in 2024, para. 25(1)(c).
Dickson et al. (2016).
Misener and Molloy (2018), p. 212.
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Ibid.
World Players Association launches Universal Declaration of Player Rights| UNI Global Union. https://www.uniglobalunion.org/news/world-players-association-launches-universal-declaration-player-rights. Accessed 9 June 2019.
Kaiser M A guide to the World Players Association’s Universal Declaration of Player Rights. In: LawInSport. https://www.lawinsport.com/topics/sports/item/a-guide-to-the-world-players-association-s-universal-declaration-of-player-rights. Accessed 22 July 2019.
World Players Association (2017) Universal Declaration of Player Rights.
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
International Covenant on Civil and Political Rights and its Optional Protocols, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 23 March 1976) (‘ICCPR’).
International Covenant of Economic, Social and Cultural Rights, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 3 January 1976) (‘ICESCR’).
Universal Declaration of Human Rights, GA Res 217A(III), UN GAOR, UN Doc A/811 (10 December 1948) (‘UDHR’).
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Ibid.
Committee on Rights of Persons with Disabilities, General Comment No. 6 (2018) on Equality and Non-discrimination (Article 5 of the Convention of the Rights of Persons with Disabilities), UN CRPDOR, 19th sess, UN Doc CRPD/C/GC/6 (26 April 2018) (‘General Comment 6’).
Ibid, para. 11.
Substantive Equality is a concept which endeavours to address ‘structural and indirect’ discrimination. See Committee on Rights of Persons with Disabilities, General Comment No. 6 (2018) on Equality and Non-discrimination (Article 5 of the Convention of the Rights of Persons with Disabilities), UN CRPDOR, 19th sess, UN Doc CRPD/C/GC/6 (26 April 2018) (‘General Comment 6’).
Ibid, para. 18(a).
Ibid, para. 18(b).
Ibid.
Ibid, para. 17.
Ibid.
Ibid, para. 25(a).
Ibid, para. 26(b).
Ibid, para. 26(d).
Ibid, paras. 25(b), 26(d).
Ibid, para. 26(e).
World Anti-Doping Agency (2015) World Anti-Doping Code.
Legg et al. (2009).
Tweedy and Vanl (2009).
International Paralympic Committee (2015) IPC Athlete Classification Code: Rules, Policies and Procedures for Athlete Classification.
Brittain (2018a), p. 146.
Purdue (2013).
Golden (2003).
Bertling and Schierl (2008).
Brittain (2018a), p. 147.
Ibid.
Rocco and West (1998).
Brittain (2018b).
The medical model of disability is a view of disability in the form of its medical impairments, in comparison to the social model of disability, which views disability as a social construct. These two models of disability were conceived together. See Oliver (1990).
‘Supercrip’ is essentially a stereotyping process, which describes disabled persons as heroes who have ‘fight against [their] impairment’ in order to achieve unlikely success. See Silva and Howe (2012), p.175.
Crow (2014).
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Flynn and Arstein-Kerslake (2014).
Committee on Rights of Persons with Disabilities, General Comment No. 1 (2014) on Article 12: Equal Recognition Before the Law, UN CRPDOR, 11th sess, UN Doc CRPD/C/GC/1 (19 May 2014) (‘General Comment 1’), para. 4.
Ibid, para. 9.
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Devine (1997).
Swartz et al. (2018).
Martin and Wheeler (2011).
Adnan et al. (2001).
Swartz et al. (2019).
Christiansen S (2013) A year after the Paralympics attitudes to disability needs to improve| Sophie Christiansen. The Guardian.
Social model of disability (n 84).
Swartz et al. (2019).
Convention of the Rights of Persons with Disabilities and its Optional Protocol, GA Res 61/106, UN Doc A/RES/61/106 (30 March 2007, adopted on 13 December 2006) (‘CRPD’).
Ibid.
Universal Declaration of Human Rights, GA Res 217A(III), UN GAOR, UN Doc A/811 (10 December 1948) (‘UDHR’).
International Covenant on Civil and Political Rights and its Optional Protocols, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 23 March 1976) (‘ICCPR’).
Universal Declaration of Human Rights, GA Res 217A(III), UN GAOR, UN Doc A/811 (10 December 1948) (‘UDHR’).
International Covenant on Civil and Political Rights and its Optional Protocols, GA Res 2200A(XXI), UN GAOR, UN Doc A/RES/2200 (16 December 1966, adopted on 23 March 1976) (‘ICCPR’).
Darcy (2018b).
The Access Committee for England, the Centre for Accessible Environments, the Disability Rights Commission and the Commission on Architecture and the Built Environment all considered and published advice and guidance that helped set out principles of inclusive design, which include ‘acknowledging diversity and differences’ and ‘provides for flexibility in use’. See (2015) Inclusive Environments. In: Design Council. https://www.designcouncil.org.uk/what-we-do/built-environment/inclusive-environments. Accessed 25 June 2019.
Story MF et al., The universal design file: Designing for people of all ages and abilities, 1998.
Equality and inclusion| London 2012. https://webarchive.nationalarchives.gov.uk/20161003114655/http://learninglegacy.independent.gov.uk/themes/equality-and-inclusion/index.php. Accessed 25 June 2019.
Committee on Rights of Persons with Disabilities, General Comment No. 2 (2015) on Article 9: Accessibility, UN CRPDOR, 11th sess, UN Doc CRPD/C/GC/2 (22 May 2014) (‘General Comment 2’), para 15.
Ahmed (2013).
Ibid.
Burton et al. (2010).
IPC Supports Design Low-Cost Racing Chair. In: International Paralympic Committee. https://www.paralympic.org/news/ipc-supports-design-low-cost-racing-chair. Accessed 25 June 2019.
Oscar Pistorius is a double-leg amputee and had competed at both disabled and non-disabled sprints events for the 200 metres and 400 metre. He was the first disabled athlete to qualify and compete at the Olympic Games.
Boccia—Paralympic Athletes, Photos & Events. In: International Paralympic Committee. https://www.paralympic.org/boccia. Accessed 25 June 2019.
Goalball—Paralympic Athletes, Photos & Events. In: International Paralympic Committee. https://www.paralympic.org/goalball. Accessed 25 June 2019.
CAS 2008/A/1480, Oscar Pistorius v/International Association of Athletics Federation (IAAF), Award of 16 May 2008.
International Association of Athletics Federations is the international federation governing the sport of athletics. See IAAF—International Association of Athletics Federations| iaaf.org. https://www.iaaf.org/home. Accessed 30 July 2019.
The IAAF Competition Rule 144.2(e) states that ‘For the purposes of this Rule, the following shall be considered assistance, and are therefore not allowed: […] (e) Use of any technical device that incorporates springs, wheels, or any other element that provides the user with an advantage over another athlete not using such a device’. See CAS 2008/A/1480, Oscar Pistorius v/International Association of Athletics Federation (IAAF), Award of 16 May 2008.
This is also known as the ‘technocentric ideology’ of the Paralympic Movement. See Howe (2011b).
CAS 2008/A/1480, Oscar Pistorius v/International Association of Athletics Federation (IAAF), Award of 16 May 2008, pp. 3–4.
Butryn (2003).
Committee on Rights of Persons with Disabilities, General Comment No. 3 (2016) on Women and Girls with Disabilities, UN CRPDOR, UN Doc CRPD/C/GC/3 (25 November 2016) (‘General Comment 3’), paras 7–8.
Ibid, para 4(c), p. 6.
Convention on the Elimination of All Forms of Discrimination against Women, GA Res 34/180, UN Doc A/RES 34/108 (3 September 1982, adopted on 18 December 1979) (‘CEDAW’).
Committee on the Elimination of Discrimination Against Women, General Recommendation No. 18 (1999) on Disabled Women, UN CEDAWOR, 10th sess, UN Doc A/46/38, Committee on the Elimination of Discrimination Against Women, General Recommendation No. 24 (1999) on Article 12 of the Convention of the Elimination of Discrimination Against Women, UN CEDAWOR, 20th sess, UN Doc A/54/38/Rev.1.
Committee on Rights of Persons with Disabilities, General Comment No. 3 (2016) on Women and Girls with Disabilities, UN CRPDOR, UN Doc CRPD/C/GC/3 (25 November 2016) (‘General Comment 3’), para 21.
Paralympics History—History of the Paralympic Movement. In: International Paralympic Committee. https://www.paralympic.org/the-ipc/history-of-the-movement. Accessed 26 June 2019.
(2019) Key dates in the history of women in the Olympic Movement. In: International Olympic Committee. https://www.olympic.org/women-in-sport/background/key-dates. Accessed 26 June 2019.
Brittain (2018), p. 147.
Ibid, p. 146.
International Olympic Committee (2016) Factsheet: Women in the Olympic Movement.
Women’s Sports Foundation, Women in the Olympic and Paralympic Games: An Analysis of Participation, Leadership and Media Coverage, June 2017, p. 47.
In 2016 Summer Paralympic Games, there were only 2.1% female participation in mixed-gender wheelchair rugby. See Ibid, p. 17.
In 2016 Summer Paralympic Games, there were only 18.8% female participation in mixed-gender sailing. See Ibid, p. 36.
International Olympic Committee (2016) Factsheet: Women in the Olympic Movement.
In 2016 Summer Paralympic Games, there were 226 women’s event, out of 528 events. See Women’s Sports Foundation, Women in the Olympic and Paralympic Games: An Analysis of Participation, Leadership and Media Coverage, June 2017, p. 16.
There was a 39.2% female participation at the Athletics event at the 2016 Summer Paralympic Games. See Women’s Sports Foundation, Women in the Olympic and Paralympic Games: An Analysis of Participation, Leadership and Media Coverage, June 2017, p. 35.
Peers (2012).
Women’s Sports Foundation, Women in the Olympic and Paralympic Games: An Analysis of Participation, Leadership and Media Coverage, June 2017, p. 38.
Women’s Sports Foundation, Women in the Olympic and Paralympic Games: An Analysis of Participation, Leadership and Media Coverage, June 2017, p. 43.
Lapchick R et al. (2016) Gender Report Card: 2016 International Sports Report Card on Women in Leadership Roles.
Slocum et al. (2018).
Brittain (2011), p. 106–121.
Buysse and Borcherding (2010).
Hargreaves (2013).
International Olympic Committee (2012) IOC Regulations on Female Hyperandrogenism: Games of the XXX Olympiad in London, 2012.
International Olympic Committee (2015) IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism.
In 2016, IAAF amended its Hyperandrogenism Regulation to the IAAF Female Eligibility Classification Regulations (Athlete with Differences of Sexual Development) after its Hyperandrogenism Regulations were suspended by CAS. See CAS 2014/A/3759 Dutee Chand v. Athletics Federation of India (AFI) & The International Association of Athletics Federations (IAAF), Award of 24 July 2015. Note that there is a current appeal to the Swiss Federal Tribunal on the reasonableness of the current IAAF Female Eligibility Classification Regulations (Athlete with Differences of Sexual Development). See CAS 2018/O/5794-6798, Mokgadi Caster Semenya and Athletics South Africa v International Association of Athletics Federation, Award of 30 April 2019; Associated Press Caster Semenya appeals testosterone ruling: ‘The IAAF will not drug me’. In: latimes.com. https://www.latimes.com/sports/olympics/la-sp-caster-semenya-appeals-testosterone-ruling-20190529-story.html. Accessed 3 June 2019.
Pursuant to the social model of disability, disability is seen as a social creation, in contrast to the medical model which focuses on the impairment of a person. See Shakespeare (2013).
Legg (2018).
Ibid.
Clark (1970).
Molla R (2018) Olympics viewership is down, even as NBC pays more for the rights to air it. In: Vox. https://www.vox.com/2018/2/9/16975680/olympics-winter-2018-viewership-down-nbc-rights-pyeongchang. Accessed 28 June 2019.
Pursuant to the social model of disability, disability is seen as a social creation, in contrast to the medical model which focuses on the impairment of a person. See Shakespeare (2013).
Brittain (2011), p. 91–105.
Young S (2014) I’m not your inspiration, thank you very much.
Imrie (1997).
Galton (1883).
Galton (1998).
Participants in the ancient Games had to be men or boys who is a member of a Greek state, belongs to a tribe, has a father and family, and is free and not illegitimate. See Crowther (1996).
Boykoff (2016), p. 13.
Berg (2008).
Schantz (2008).
Boykoff (2016).
Koulouri C (1896) The First Modern Olympic Games at Athens, 1896 in the European Context.
Borish (1996).
Mitchell (1977).
Crowther (1996).
Howe (2011a).
Legg et al. (2009).
Fay TG (2000) Race, gender, and disability: A new paradigm towards full participation and equal opportunity in sport. University of Massachusetts Amherst.
World Players Association (2017) Universal Declaration of Player Rights.
Brittain (2002).
Molesworth et al. (2015).
Christiansen S (2013) A year after the Paralympics attitudes to disability needs to improve| Sophie Christiansen. The Guardian.
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Goh, C.L. To what extent does the Paralympic Games promote the integration of disabled persons into society?. Int Sports Law J 20, 36–54 (2020). https://doi.org/10.1007/s40318-020-00164-w
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DOI: https://doi.org/10.1007/s40318-020-00164-w
