« Des années de procédures auront donc abouti à une amende de 5 000 euros »
Et la seule véritable sanction (interdiction de diriger des entreprises liées aux marchés publics) a été levée... 7 mois après la condamnation 🙃
La justice des cols blancs :
- Plus lente
- Peu contraignante
- Si clémente
The IOC policy proposes to reassign their sex against their will for the purpose of Olympic competitions.
Due to the new Policy on the Protection of the Female Category in Olympic Sport, all women and girls will have to undergo a genetic test.
MICHELE KRECH and ANTOINE DUVAL reveal the scientific, procedural, and legal shortcomings of this new policy.
verfassungsblog.de/ioc-genetic-...
In this post, @antoineduval.bsky.social and I offer an initial assessment of the IOC's justifications for its new genetic sex testing policy, demonstrating that its claims of scientific consensus, consensus among female athletes, and compliance with human rights laws are completely unsubstantiated.
If you are a legal expert/scholar and wish to sign the Statement, you can do so via this form: docs.google.com/forms/d/e/1F...
At the time of writing, it has been endorsed by more than 80 lawyers and legal scholars (the list of signatories is regularly updated at sub.asser.nl/SportsLaw/Bl...).
Our Statement complements previous authoritative statements, such as the one of UN Human Rights experts on Fairness, Inclusion & Non-Discrimination in Sport (ohchr.org/sites/defaul...) & the letter of CSOs led by @sportrightsall.bsky.social (see sportandrightsalliance.org/olympics-sex...).
#Sportslaw Breaking!
Yesterday, we shared the Joint Statement from Legal Experts on Genetic #SexTesting in Sport with the #IOC.
It argues that genetic sex testing violates numerous national & international laws & calls on the #IOC to reject its use as eligibility criteria.
👇👇👇
Delighted to host @antoineduval.bsky.social at @lauterpachtcentre.bsky.social for a conversation on the democratic deficit inherent in the transnational dispute resolution structures of #sports #CAS
@cambridgelaw.bsky.social @tmcasser.bsky.social
www.lcil.cam.ac.uk/press/events...
10. If the #Olympics are about bringing humankind together, athletes should be able to express their differences, while excluding hate speech. Being opinionated is part of (global) society & respectfully expressing disagreements will always be healthier than repressing them.
#Sportslaw #CAS #IOC
9. Finally, I believe it is high time to allow athletes to express their views more freely at the #Olympics. While (at times authoritarian) host countries can display openly nationalist propaganda through the opening/closing ceremonies, athletes are being silenced.
8. In this case, it seems to me that the restrictive effect of the rule on the freedom of expression of #heraskevych
is not proportionate to attain its (legitimate ?) aim (the neutrality of sport). The athlete is not attacking Russia/Russians, he is celebrating his teammates.
7. Under the recent #Semenya decision of the Grand Chamber of the #ECtHR, the #CAS and the Swiss Federal Supreme Court have to exercise a strict review of the compatibility of the SGBs' rules and decisions when they affect the fundamental rights of athletes.
6. If, nonetheless, the use of the helmet by #heraskevych
is considered "political propaganda" under Rule 50 by #CAS, then the question of the compatibility of the rule with Article 10 of the ECHR will become central.
5. In general, I believe the #CAS should also chastise the #IOC for failing to provide clarity through its guidelines about what "political propaganda" entails.
This is a blatant violation of the principle of legality, which affects strongly the fundamental rights of athletes.
4. Such an interpretation would run counter the #IOC's own commitment in the #OlympicCharter to the health of athletes and to the fundamental right to access sports worldwide. Celebrating athletes, and mourning their premature death, is in principle what #Olympism should be about!
3. On a), #CAS would have to take stand on what constitutes "political propaganda" and what doesn't.
In my view, it's a stretch to interpret political propaganda as including #heraskevych's celebration of the life (& unfortunate death) of fellow Ukrainian athletes.
2. If there is a sanction, it will most likely be challenged at the #CAS, which will decide the following issues:
a) Does the helmet constitute #PoliticalPropaganda ?
b) Is a rule 50 OC whose scope bans this type of expression reconcilable with Article 10 #ECHR?
1. Will the #IOC/#ISBF dare sanction an athlete for wearing a helmet commemorating fellow Ukrainian athletes who died due to Russia's invasion?
- From a communication's perspective, this would be a terrible own goal.
- On the other hand, the #IOC will want to defend its authority.
#Sportslaw in action at #MilanoCortina2026
Will the #IOC/#IBSF dare to sanction #heraskevych
if he wears his memorial helmet during the competition?
Here are some thoughts on a case to watch 👇👇👇
#CAS #OlympicCharter #FreedomofExpression #ECHR #Neutrality
www.theguardian.com/sport/2026/f...
"The uncomfortable truth is that Infantino seems unwilling to risk his personal relationship with Trump by publicly criticizing policies that fundamentally contradict FIFA’s stated mission."
Excellent from Rasoul Rahmani on @antoineduval.bsky.social's sports law Blog
www.asser.nl/SportsLaw/Bl...
👀 À lire sur @laviedesidees.bsky.social : « La proportionnelle, une urgence démocratique », une note co-écrite avec @egrossman.bsky.social qui nous tient très à cœur dans la crise politique que nous traversons. laviedesidees.fr/La-proportio...
Delighted to announce the @routledgebooks.bsky.social Series on Sport & Human Rights that I will edit with @danihee.bsky.social @sportandrights.bsky.social
@idrottsforum.bsky.social @prof-mark-james.bsky.social @antoineduval.bsky.social @cambridgelaw.bsky.social
📌 www.routledge.com/Sport-and-Hu...
Bien sûr, pas de problème.
A thread on Barney Ronay's article criticising the decision Birmingham City Council and supported by West Midlands police to ban Maccabi Tel Aviv supporters from traveling to Birmingham. It might be a depressing decision but it's not a terrible one. www.theguardian.com/football/202...
In advance of tomorrow's match between Italy and Israel, here again is my and @antoineduval.bsky.social piece in @josimarfootball.bsky.social on the serious governance failures that mean Israel is still allowed to compete. And no, the peace-plan changes nothing josimarfootball.com/2025/10/06/m...
The final post of the symposium by @marjolaineviret.bsky.social, Emilie Weible and Cláudio Cerqueira focuses on the impact of the #Semenya judgement from a Swiss perspective.
It is available at strasbourgobservers.com/2025/10/10/t...
#Sportslaw #CAS #Arbitration #PILA #ECtHR
The seventh blog by myself & @Faraz7S focuses on the 'elephant in the room' after the #Semenya judgment: the questionable independence of the #CAS from the SGBs.
It is available at strasbourgobservers.com/2025/10/09/t...
#Sportslaw #ECtHR #ECHR #CAS #Judicialindependence #SeparationOfPowers
The sixth blog by Daniela Heerdt looks at how the #Semenya judgment affects the right to access to remedy.
It is available at strasbourgobservers.com/2025/10/08/a...
#Sportslaw #ECtHR #Remedy
The fifth blog of our symposium by Daniel Rietiker contextualises the #Semenya judgment by situating it within the broader approach of the #ECtHR to sports governance and dispute resolution.
It is now available at strasbourgobservers.com/2025/10/07/c...
#Sportslaw #ECHR #Mutu #Pechstein
Our (with @ncgeehan.bsky.social) piece on #UEFA/#FIFA's failure to sanction the #Israel Football Association is out @josimarfootball.bsky.social.
We argue that they are unethical in the name of neutrality, applying unjustifiable double standards to Russia & Israel, & failing to enforce their rules.