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Sport Dispute Settlement in the European Court of Human Rights

Student: Lapshina Evgeniya

Supervisor: Alexey Jakovlevich Petrov

Faculty: Faculty of Law

Educational Programme: Lawyer in the Field of Sport (Master)

Year of Graduation: 2020

Every day, public relations in the field of sports are being increasingly politicized and commercialized. Under such conditions, sports actors, especially athletes, often run the risk of being left without adequate protection of their rights and freedoms. In order to find an effective mechanism for resolving disputes and thus protect their rights, some of the sports subjects are trying to apply to the European Court of human rights (ECHR, Court). This thesis is devoted to the analysis of the court practice of the ECHR in cases related to sports, and the identification of problems of resolving such disputes by the Court, taking into account the specifics of sports relations. An attempt is being made to determine trends in the further development of the ECHR's practice in sports disputes. The purpose of this research is to analyze the court practice of the ECHR on sports disputes on the basis of practical and theoretical materials, to identify problems and prospects for its further development. To achieve these goals the author sets the following tasks: - To group the identified cases concerning sports disputes and considered by the ECHR, according to the criterion of the right enshrined in the Convention, the violation of which is complained of by the applicants; - To consider the revealed judicial practice of the ECHR in the context of its impact on the sports sphere; - To note the problems that the Court faces when considering disputes with the "sports element" , and sports subjects when applying to the ECHR for a finding of violation of their Convention rights; - To identify the problems of modern sports in which there is a potential violation of human rights. As a result of the research the author comes to the following conclusions: - Various subjects apply to the ECHR in cases related to sports: athletes, including Amateurs, coaches, sports clubs, fans, as well as school students. - The categories of cases considered By the court for sports disputes are completely different. The applicants challenge the measures imposed to conduct anti-doping events; the independence and impartiality of the CAS; the ill-treatment of fans by law enforcement officers and their preliminary detention before a sports event in order to prevent fights and hooliganism; the prohibition of wearing Muslim clothing in physical education classes, etc. - Decisions of the ECHR in each case have certain consequences both for specific Complainants and for sport in General.

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