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SPORT AND THE LAW - Coggle Diagram
SPORT AND THE LAW
SPORTS LEGISLATION AND THE PERFORMER
Loss of Earnings
Civil claims can be made against the offender who caused injury/loss of earnings-illegal act. Causes DAMAGES which allows for compensation by court when player injured through wrongful conduct
The claimee has to prove it was outside of rules/culture of the sport (eg. a punch in football). Loss of earnings may also result from an inequality issue (eg. USA women's soccer players payed four times less than men-discrimination.
Injury
May be deliberate intent to harm/injure opponent/another. Usually not within the rules--->ILLEGAL
Many court cases for dangerous tackles-->career-ending injuries (see pdf)
Contracts/contractual disputes
Restraint of trade – action that interferes with free competition in a market. eg. involves a
clause in a contract which restricts a person’s right to carry out their profession.
Performers are employees & have the same employment rights as other workers.
Boseman ruling – A ruling by the European Court of Justice which gave a professional football player the right to a free transfer at the end of their contract.(eg. players in EU have right to work anywhere in the EU).
Their rights were greatly improved in 1995 by the Bosman ruling.
SPORTS LEGISLATION AND COACHES
Health and safety
Coaches are responsible for the health and safety of the performers & athletes in their care (eg. access to first aid). A coach could be deemed liable if evidence shows that normal standards & practices were not followed.
Other legal responsibilities
Supplements – responsibility to educate about drug use & abuse.
Teach them about legal performance enhancing nutrition instead.
Duty of care: coaches to take such measures as are ‘reasonable’ in the circumstances to ensure that individuals will be safe to participate in an activity.
eg:
first aid provision
risk assessments taken for activities being coached
supervision ratios maintained-prevent onset of more injury/harm etc.
contact details, medical details an registers of attendance
In loco parentis: Latin phrase which means ‘in the place of a parent’-authority.
Protection from abuse
E.g. threats/taunting, being hit by someone etc.
Coaches have a responsibility to protect children from all forms of abuse.
All sports clubs should have a policy statement regarding child abuse which the coach should adhere to.
SPORTS LEGISLATION AND OFFICIALS
Negligance
When someone fails to take reasonable care for another person, so could result in foreseeable harm. (falls below a 'reasonable person standard').
eg's: Rugby – injuries during a scrum
Football – not calling a game off when the pitch is in a unplayable condition
Duty of care
A legal obligation imposed on someone if they are responsible for safety others
Officials have a duty of care towards participants to make sure that all dangers around them are eliminated so they can participate in a safe environment.
Smoldon v Whitworth &
Nolan
A referee was responsible for injuries the claimant sustained following a scrum collapsing.
The official was at fault as he allowed a number of scrums to collapse during the match.
SPORTS LEGISLATION AND SPECTATORS
Safety
Spectators at sports events must act within the law.
They cannot invade (trespass) playing surfaces or use racist chants for example without risking prosecution under various Public Order Acts.
The Taylor Report on the Hillsborough tragedy was instrumental for changing supporter safety (see PPT on Hillsborough disaster-violence in sport topic).
Legislation to control spectator
behaviour (timeline)
The Football Offences Act (1991)-3 offences: prevent throwing of missiles, chanting of racist remarks and trespassing onto field of play. Supporters will face legal consequences.
The Football Spectators Act (1989)-banning orders on those who've committed offences, eg. prevent attendance.
Fire Safety & Safety of Place of Sport Act(1987)-fire security certificate/licence is needed, and sets max no. of spectators who are safely allowed into the stands, stands=fire-proof materials
Sporting Events Act (1985)-ban possession of alcohol+sales
Safety of Sports Grounds Act (1975)-protects all spectators and covers all grounds in all sports.
Occupiers’ Liability Act (1957)-the 'occupier' of a premises owes a common duty of care to its 'visitors'.
Safety Measures to overcome
hooliganism
Removal of perimeter fences & terraces; all-seater stadia
Control of alcohol sales
Specified kick-off times imposed by police
Increased security & police presence
Tougher deterrents