Sports
Law 39/2022, 30 december, sport
On 1 january 2023 entered into force of law 39/2022, 30 december, sport, which establishes the new legal framework of sport english and updates the legislation in force since 1990.
Some highlights of the law is the explicit recognition of physical activity and sport as a core activities; the defence of equality and inclusion at all levels of sports; the provision of greater legal certainty to those athletes; and updating the model of the different professional sporting associations, regulating and expand the powers of the CSD.
In addition to the social dimension, the sports act includes also other aspects such as the ecological transition, the impetus to the rural sport, territorial cohesion and digital innovation in the sector.
SPORT AS A RIGHT
One of the great developments of the actrecognition of sports such as law and consideration as a core activity. The authorities responsible for protecting both aspects and to provide the necessary security practices for sporting activity reflects the benefits that has on health, social and with regard to the values it represents.
To that end, will be able to put in place plans and policies aimed at capacity sport practice since the administrations, as well as programmes of cooperation with other entities such as the federations.
EQUALITY AS AXIS
The law reflects the idea that sport cannot be regarded as an exclusively male sector, which go to positions of responsibility. Therefore, provides for measures to ensure that entities - public broadcasting and private corporations,to equalize the presence of women in their boards. In Addition, federations and professional leagues have an obligation to produce an annual report on equality matters. At the same time, must have a protocol for the prevention and action to situations of discrimination, abuse and sexual harassment or by reason of sex, among others.
In addition, the text reflects the need to boostvisibility of sporting eventswomen and men in the media, also by ensuring that the media representation of women is free of sexual objectification and sexist stereotypes.
With regard to the athletes, the new lawreduces the impairment of rights of women because of pregnancythe vote at general meetings, promoting reconciliation and preserving its rights as a high-level after this period.
The rule also provides for, and for the first time,rights of persons LGBTIand it does so in two senses: removing any violence or act of LGTBIFobia in sports events and promoting access and sports is carried out only with full respect for the principle of equality.
PIONEERING LAW ON THE LISTING
The text as adopted, is moving in the promotion ofsport inclusive and sport practised by persons with disabilities. Among other measures includes the promotion of integration of all persons under the same sports federation, in addition to being compulsory when the international federation doing so already. For these federations, it provides for a balanced representation in their Governing bodies.
In this way, the new law is growing sport inclusive, to ensure the participation of athletes with disabilities in international competitions and enshrining the equality of this group.
REGULATION OF ATHLETES AND ENTITIES
The text defines andalso regulates the status, rights and obligations of persons athletes.
Thus, adopts the definition of professional sportsman and unprofessional and defines the figures of high-level sportsmen, described by the CSD, and high performance, described by the autonomous communities, as well as the figure of occasional sportsman.
The text also contains a detailed list of rights and duties as a generic sportsmen, oriented to the free practice of sports without discrimination, under conditions of safety and respect for the rights of the legal system.
Subsequently, the text indicates specific rights emanating from the possession of afederal license– concerning representation and participation in decision making and information on the situation of federación- as well as high-level professionals, and the specialties that their situation.
For its part, the duties they are mainly orientedfair playrespect for the natural environment in the sports practice, the dissemination of healthy habits, the fight against fraud and the need to project a positive image.
Concerning changes in the obligations of the sports bodies, the new law removes the obligation of transformation inSporting Limited Companyto participate in professional competitions and opts for a free model. In Addition, the binding nature of the bank guarantee 15 per cent of the budget of expenditure.
SPORTS FEDERATIONS AND PROFESSIONAL LEAGUES
The new text included the definition and regulation of sports federations of spain and the professional leagues.
The law,measures of governance and transparency, as well as the obligation to produce an annual report on equality between women and men, as well as a protocol for the prevention and action to situations of discrimination, abuse and harassment.
In addition, the professional leagues and the spanish sports federations will be required to develop a specific plan of conciliation and shared responsibility with concrete measures of protection in cases of maternity leave and breastfeeding, which should be made available to entities that are members of the federation.
NEW SPORT PROGRAMME “ CHALLENGE ”
Sport is also designed as an instrument of territorial cohesion and the promotion and economic development of rural areas, as a tool for creating new business opportunities, setting of rural population and environmental recovery of spaces abandoned.
Therefore, the new law includes the creation of sports programme 'CHALLENGE OF' that will be regarded as exceptional event public interest and will be carried out between 2023 and 2025, with whichsupporting companies tax gains momentum to sports activities in rural areas.