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Sport in national sports acts and constitutions: definition, ratio legis and objectives.

1. The Regulation of Sport (1)

In December 2001, Dutch Members of Parliament tabled a motion concerning the advisability of enacting national sports legislation. As a result of this, the State Secretary for Sport requested Professor Heiko van Staveren, Professor of Sport and Law at the Free University of Amsterdam, to write an Opinion. The general question needed answering whether sports legislation at national level would be appropriate. In his Opinion entitled "Sports legislation at national level appropriate?" which was published at the beginning of September 2003 Van Staveren concluded that there was no reason to enact national legislation specifically concerning sport (p. 13). The State Secretary followed this conclusion: there was insufficient reason to establish special legislation for sport.

Some years later--in the second half of 2005--it became apparent that the Dutch government was still struggling with the question of sports legislation which covered different perspectives (football hooliganism, doping, a foundation for sports policy, the granting of subsidies, etc.). The starting point was not that a Sports Act had to be prepared, but that a solid and careful study had to be undertaken into the usefulness and need for a "foundation" for the sports policy of the Dutch government.

From that perspective, the T.M.C. Asser Institute in November 2005 was asked by the Ministry of Sport to examine by means of a 'quick scan' which countries in the European Union had enacted a Sports Act. In these Acts, the definition of the term "sport" had to be examined in addition to the factors which had motivated the various legislators to enact such laws.

By means of a questionnaire which was distributed worldwide and investigations on the Internet, the Institute managed to obtain the Sports Acts of some 50 countries from all continents. (2) In addition, it was found that although 26 countries do not have a special Sports Act in place, they do have one or more provisions on sports contained in their Constitution. (3)

The collected information sheds light on how the position of sport in society is viewed in the various countries. (4) One restriction which was inherent to the Ministry's assignment is that no information has been collected on countries that do not have a Sports Act or provisions on sport in their Constitution. However, it must be presumed that in these countries rules have been established concerning sport in some other way than through a Sports Act.

Below, we will first deal with the definition in the Sports Acts of the term "sport" and subsequently describe the reasons for which the various legislators decided to enact these Acts. Finally, a few words will be devoted to the provisions concerning sport in the different Constitutions.

2. The Term "Sport"

In the academic Opinion mentioned above it is observed that "sport will be difficult to define in such a way that the field in which the law has effect is clearly delineated. This in itself is already an impediment to just rules. It is not possible to refer to a treaty definition either. Both the convention against football hooliganism and the anti-doping treaty steer clear of defining sport." (p. 5) However, this disregards Article 2 of the European Sports Charter of the Council of Europe (5)--although this is not a treaty--and the references it contains to both these treaties. Article 2 defines sport as:

"a [...] all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels.

b This Charter complements the ethical principles and policy guidelines set out in:

i the European Convention on Spectator Violence and Misbehaviour at Sports Events and in Particular at Football Matches,

ii the Anti-Doping Convention."

Various legislators have also "risked" defining the concept. By this they have created a legal framework of human activity within which their laws are applicable. On the other hand--and contrary to what one might expect--not every Sports Act contains a definition of sport. (6) In these cases, sport is presumed to be a social phenomenon that does not need defining further. Where the various Sports Acts do contain definitions of sport, these are usually in the form of references and do not touch upon the essence of the phenomenon. There is no homogeneous approach to the concept whatsoever. There are definitions determined by the objective of sport (e.g. competition or health), or the capacity in which sport is played or the social function of sport.

2.1. Objectives of sport

Sport may be considered physical activity for a specific purpose, which may be either sportive and physical competition or health.

2.1.1. Objective no. 1: competition

The Croatian Sports Act (7) defines sport as: "physical activities and games that are organized so as to attain sporting achievements realised according to defined rules of competition (sporting competitions)". The Sports Act of Luxemburg (8) contains a similar definition: "Par sport de competition, on entend le sport qui se deroule dans un cadre organise en fonction de regles et de classements." The Ley del Deporte of Chile (9) considers sport to be: "[...] aquella forma de actividad fisica que utiliza la motricidad humana como medio de desarrollo integral de las personas, y cualquier manifestacion educativo-fisica." Under the Mongolian Law of on Physical Culture and Sports (10) sport is: "[...] competitions formed as a result of physical culture development and activities for preparations to and participation in them". The Estonian Sports Act (11) also recognizes an educational goal, as it defines sport as: "[...] playing activity of a predominantly competitive and physical nature, or a corresponding educational activity."

2.1.2. Objective no. 2: health

Under a number of Sports Acts the objective of sport in addition to being an activity in a competitive setting may also concern the physical or mental development of the athlete. The Croatian Sports Act (12) also considers sport to be: "[...] physical activities and games that are done in an organized way for the improvement of health or for recreation". The Irish Sports Council Act (13) provides a similar definition, although this is given to distinguish between "competitive sport" and "recreational sport". Competitive sport concerns: "[...] all forms of physical activity which, through organised participation, aim at expressing or improving physical fitness and at obtaining improved results in competition at all levels." The Latvian Sports Act (14) shows a similar mixture of aims. In this Act the term "sport" is understood to mean: "individual or fixed activity of any type for maintenance and improvement of physical and mental health as well as for acquisition of success in sports competitions". The Maltese Sports Act (15) also combines objectives: "Sport includes all forms of physical or mental activity which, through casual or organised participation or through training activities, aim at expressing or improving physical and mental well-being, forming social relationships or obtaining results in competition at all levels", as does the Swedish Sports Act: (16) "[...] sports activities mean performance-oriented competitive sport and health-oriented broad sports activities and exercise which include a central element of physical activity." In the Czech Sports Act: (17) "[...] the concept of sport denotes all forms of physical activities performed within and outside organisations and aimed at the harmonious development of physical and mental condition, health consolidation, and achievements in sports competitions at all levels." The definition in the Mongolian Sports Act (18) is also concerned with health: "Physical culture is a component of the social culture and means activities for creating intellectual and material values for the purposes of developing the human body, strengthening health and improving the activity of mobility". The Sports Act of Iceland (19) adds mental health to physical health as a goal where it defines sport as any physical training for the purpose of improving physical and mental ability, health and stamina. China (20) "[...] advocates citizens' participation in social sports activities so as to improve their physical and mental health." The term "social sports activities" is not defined further.

It is possible to separate the two distinct purposes of sport, but they are usually considered complementary.

In various Sports Acts the definition of the term "sports" also indicates-possibly in addition to what sport should be understood to mean-in what capacity sport is played and the social function of sport.

2.2. The capacity in which sport is played

The definitions of sport in many Sports Acts make a distinction as to the capacity in which sport is played so as to define the scope of the various provisions. The Canadian Sports Act (21) provides that: "[F]or the purposes of the Fitness and Amateur Sport Act, "amateur sport" means any athletic activity when engaged in solely for recreation, fitness or pleasure and not as a means of livelihood [...]." Sport can thus be divided into different categories in accordance with the capacity in which it is engaged in. The Sports Act of Estonia (22) also makes this distinction between recreational and competitive sport: "[...] recreational sport--essentially a non-competitive physical activity aimed at taking care and strengthening of health; competitive sport--sports activity aimed at achieving success in public sports competition". The Irish Sports Act (23) also contains this distinction, as "competitive sport" is defined as: "[...] all forms of physical activity which, through organised participation, aim at expressing or improving physical fitness and at obtaining improved results in competition at all levels" and "recreational sport" is defined as: "[...] all forms of physical activity which, through casual or regular participation, aim at expressing or improving physical fitness and mental well-being and at forming social relationships". The Sports Act of Luxemburg (24) provides that: "[P]ar sport de loisir, on entend toute activite a caractere sportif pratiquee a titre essentiellement recreatif, ainsi que celle pratiquee pour des raisons de sante ou de resocialisation." And that: "Par sport de competition, on entend le sport qui se deroule dans un cadre organise en fonction de regles et de classements." The Sports Act of Malta (25) concerns only competitive sport and "excludes those activities held for therapeutic or clinical purposes or are part of the activities of health institutions or health centres [...]". The Sports Act of Venezuela (26) does not define sport, but it does distinguish between "Deportes Federados" and "Deportes No Federados". A "Deporte Federado" is any sport that is played according to the rules and regulations of the relevant international sports federations and that is monitored at national level by the relevant national federation. The Mexican Sports Act (27) considers sport to be an institutionalized and regulated activity which is exercised in competitions with the aim of achieving maximum performance. This Act also distinguishes between recreational sport and sport for physical education purposes on the one hand and competitive sport on the other. Professional sport as opposed to recreational sport has a commercial or profit objective. The Mongolian Sports Act (28) only deals with professional sports. "Professional Sports mean sports that ensure interests of viewers and professional sports organizations aimed basically at gaining profit with participation of only professional sports people." The Sports Act of Mauritius (29) also distinguishes between two categories of sport, but they are individual sports and team sports: "[I]ndividual sport means any sport which an individual practices on his own, either in a competition or game, [...]", while "Team sports means sports practised by a group of players forming one team, either in a competition or game [...]". The Swedish Sports Act (30) combines the objective of sport with the capacity in which it is engaged in: "sports activities mean performance-oriented competitive sport and health-oriented broad sports activities and exercise which include a central element of physical activity." In the Brazilian Lei Pele (31) a distinction is made between official and unofficial sports (praticas formais e nao-formais). The unofficial sports are characterized by the unique way in which they are played. For professional sport a number of specific fundamental principles apply: financial and administrative transparency; fair administration; the social responsibility of the sports-governing bodies; participation in the organization of the sport as provided by the law; and respecting the distinction between professional and amateur sport. The Brazilian Sports Act defines professional sport as sport in which an employment contract exists between the club and the athlete. In the Chilean Sports Act (32) the distinction is between educational, recreational, competitive and top sports. The Colombian Sports Act (33) differentiates even further as to the capacities in which sport can be played: sport for shaping body and mind; sport as a social phenomenon; top sports; professional sports; College sports; competitive sports; amateur sports; and Federation sports.

In several Sports Acts no direct distinction is made between the various ways of practicing sports, but it can often be inferred from other definitions. The Italian Sports Act (34) for example defines the term "professional sports persons" whom it considers to be: "[...] athletes, trainers, technical-sports managers and athletic coaches who carry out remunerated sporting activities on a continuous basis in the framework of the disciplines governed by CONI and who obtain qualification from the national sports federations, in accordance with the rules laid down by the federations themselves, in observance of the directives laid down by CONI itself for distinguishing amateur activities from professional ones". In the Latvian Sports Act (35) the professional athlete is defined as "a natural person who is preparing himself for and is about to participate in sports competitions on a labour contract basis for an agreed payment". The Lithuanian Sports Act (36) also indirectly reveals what the difference is between professional and amateur sports. This Act defines the professional athlete as follows: "An athlete shall be considered a professional athlete, if his salary for preparing for competition and participating therein is paid by the sport organisation with which the athlete has concluded an agreement (contract) for sport activity".

2.3. The social function of sport

In the Ley del Deporte of Chile (37) the various social functions of sport are set out. Sport are those forms of physical activity which make use of the human capacity to move as a medium for human development; all forms of physical educational manifestation, either general or specific, that are realized through collective participation aimed at social integration and the development of society; with a view to maintaining or recovering health; the various forms of sport that use competition as a form of social expression and that are structured by rules of play concerning competing. In addition, the Chilean law defines education through sport as implementing learning processes and education by professionals or technical staff with a degree in the field of physical activity for the purpose of developing persons in particular with respect to agility, industriousness and the necessary skills to practice different sports; learning fundamental principles of ethics; techniques and regulations of the disciplines in sport and the systematic and permanent practice of sports activities for children, youngsters and adults. The Colombian Sports Act (38) also defines the social function of sport. Sport in general is considered the specific behaviour of persons that is characterized by a unique attitude combined with competitive effort or fighting spirit and expressed by means of physical or mental exercise within different disciplines and standards as established within a framework respecting moral, civil and social values.

As one of only very few institutions the Council of Europe has formulated a definition of sport which attempts to capture sport's essence. And even then certain human activities which we consider sport cannot be brought under its scope, such as sports in which physical activity plays only a minor part. Chess and chequers, for instance, can hardly be considered physical activity. The survey into the definitions of sport in the various Sports Acts has shown that the different legislators have all used a teleological description of sport. As will emerge later on in this contribution, the drafters of the Constitutions in which provisions on sport are contained have also taken this approach.

3. Ratio Legis

For certain specifically named groups of occupations and professions rules can be established that are different from the rules that are generally applicable in society. Can practitioners of sport in general be considered to form such a group? If we answer this question in the affirmative, does this mean that special legislation should be enacted for this group? The academic Opinion took a clear stance on this issue. Legislation concerning football hooliganism and doping "which would apply exclusively to sport would isolate sports from [...] other areas". Professor van Staveren in his Opinion took the view that both football hooliganism and doping must be regarded as phenomena which, although linked to sport, are not by definition exclusive to sport. "Both these phenomena also occur outside sports in which case they are termed vandalism and violence and drug abuse [...]". One does not need to share this view, as indeed many legislators apparently do not, given the provisions in their Sports Act concerning these phenomena, (39) while it may be assumed that outside these Acts they have also made rules to prevent and prosecute drug abuse and acts of vandalism and violence.

There are many other factors besides the fight against hooliganism and doping which may have caused the different legislators to enact a Sports Act. One of the main reasons is the creation of a national policy for sports, as many Sports Acts testify. The Czech Sports Act (40) for example provides on the scope of the legislation: "The Act defines the position of sport in society and specifies the tasks of the ministries, other administrative agencies and the scope of authority of territorial self-governing units in the support of sport." In addition to this general ambition, the various Sports Acts contain other motives for their conception, which are listed below.

3.1. Health

An important reason for enacting a Sports Act is to improve citizens' health and physical development.

Argentina (41)

"El Estado atendera al deporte en sus diversas manifestaciones considerando como objeto fundamental: la utilizacion del deporte como factor de la salud fisica y moral de la poblacion".

Bulgaria (42)

"The purpose of physical education and sport is the improvement of the health and physical development of the nation by systematic physical exercise and sport by people of all ages."

Canada (43)

"to promote physical activity as a fundamental element of health and well-being."

Croatia (44)

"The Republic of Croatia has a particular interest in physical activities and games that are organized and carried out for the improvement of the health of children and young people, or for the improvement of the health and recreation of disabled persons, and for the attainment of supreme sporting achievements;"

People's Republic of China (45)

Art. 1: "This law is formulated [...] for the purpose of promoting the cause of sports, enhancing the health of the people, raising the level of sports activities, and accelerating the construction of socialist material and spiritual civilization."

Art. 2: "The State shall promote the cause of sports, carry out mass sports activities, and enhance the health of the whole nation. All efforts concerning the cause of sports shall be based upon the promotion of physical development activities throughout the nation [...];" Citizens are encouraged to integrate physical activity in their daily routine in order to improve their health.

Canada (46)

"[...] to encourage all Canadians to improve their health by integrating physical activity into their daily lives"

Compulsory sport in schools can also be included in the Sports Act.

Malta (47)

"Physical Education and Sport shall be taught and practised in all primary and secondary schools [...]."

3.2. Organization

In order to be able to improve the physical well-being of citizens by means of sport, certain conditions have to be put in place to facilitate the systematic practice of physical activity and sport.

Canada (48)

"to assist in reducing barriers faced by all Canadians that prevent them from being active."

A Sports Act can create the organizational and legal basis for the administration and the promotion of physical development and sport. Such Acts regulate relations between the sports organizations, the State and local authorities.

Estonia (49)

"This Act provides the general organisational and legal basis for the management and promotion of sports; relations between sports organisations, state and local government bodies and the principal tasks in the development of sports;"

Mongolia (50)

"The purpose of this law is to determine the organization [...] and legal basis of physical culture and sports [...];" The Mexican Sports Act has as its objective the creation of a general basis for coordination and cooperation between the Federation (Mexico), the states, the federal districts and the municipalities and the harmonization of policy and cooperation in the field of culture and sports between public and private organizations.

The Sports Act may also regulate professional sport.

Lithuania (51)

"This Law [...] regulates professional sport [...]".

3.3. The position of sport in society

A Sports Act may be used to determine the position of sport as a human activity in society.

Czech Republic (52)

"This Act defines the position of sport in society as an activity beneficial to the public [...]."

3.4. Ideological purposes

The preamble of the Nicaraguan Sports Act formulates its ratio legis as follows: "The People's Sandinista Revolution has as its historical purpose to contribute to the development of a new mankind which is necessary to guarantee the physical and mental well-being of the population. Sport promotes the integration of man in society and helps strengthen the ties of brotherhood between the nations in an atmosphere of peace and mutual respect."

3.5. Ethical values

A Sports Act can also be used to propagate respect for fellow human beings and for cultural differences between them.

Finland (53)

"The purpose of this Act is also to promote equality and tolerance, cultural diversity and the sustainable development of the environment through sports";

Malta (54)

"The State recognises that no discrimination should be permitted on the grounds of sex, race, colour, religion or political opinion or residence within different localities of Malta in the access to sport facilities or to sport activities;"

Mongolia (55)

"The purpose of this law is to [...] regulate relations established between the participants in them;" Ensuring doping-free sport may also be considered an ethical value.

Canada (56)

"The Government of Canada's policy regarding sport is founded on the highest ethical standards and values, including doping-free sport, the treatment of all persons with fairness and respect, the full and fair participation of all persons in sport [...]";

Malta (57)

The purpose of national sport is to [...] cultivate ethical attitudes [...]."

3.6. Dispute resolution

In a Sports Act rules concerning the settlement of disputes can be included.

Canada (58)

"The Government of Canada's policy regarding sport is founded on [...] the fair, equitable, transparent and timely resolution of disputes in sport;"

3.7. Safety

The Sports Act may contain rules which have to guarantee the safety of sports activities.

Latvia (59)

"[...] principle of safety which intends that sports activities process within safe environment and they are managed and run by qualified sports workers."

3.8. Financing

The Sports Act may provide a basis for the financing of sport.

Mongolia (60)

"The purpose of this law is to determine the organizational and economic [...] basis of physical culture and sports [...]."

Austria (61)

"Der Bund fordert den Sport, soweit es sich um Angelegenheiten von internationaler und gesamtosterreichischer Bedeutung handelt. Die Gewahrung von zweckgebundenen Zuschussen an Gebietskorperschaften wird hiedurch nicht beruhrt;"

People's Republic of China (62)

"The State shall ensure that sports facilitate economic development, the development of national defence, and social development. The cause of sports shall be included in national economic and social development programmes." The Sports Act may also establish that funding is made available for sport-scientific research.

People's Republic of China (63)

"The State shall promote physical education and sports science research, apply advanced and practical findings from sports science and technology, and base the development of the cause of sports on science and technology."

3.9. International participation

The Sports Act may provide rules concerning the inclusion of the national sport in the international sports movement.

People's Republic of China (64)

"The State shall encourage international sports exchanges. International sports exchanges shall uphold the principles of independence, equality and mutual benefits, and reciprocal respects. They shall also safeguard state sovereignty and dignity and abide by the international agreements that the People's Republic of China has concluded or entered into."

3.10. National prestige

A Sports Act may also be concerned with the prestige that is conferred upon the State if its citizens excel in the field of sport.

Bulgaria (65)

"[...] raising the sport prestige of the nation is of priority in the social policy of the state and the municipalities."

3.11. Recreation and entertainment of the people

A Sports Act can promote the recreational and entertainment value of sport.

Argentina (66)

"El Estado atendera al deporte en sus diversas manifestaciones considerando como objeto fundamental: la utilizacion del deporte como factor educativo coadyuvante a la formacion integral del hombre y como recurso para la recreacion y esparcimiento de la poblacion [...]"

3.12. Other reasons

There are several more objectives which legislators may have intended. Argentina for example through its Ley del Deporte attempts to stimulate the educational function of sport; to support the sound development of the sports sector in order that the national teams and athletes competing for Argentina at international level may deliver a sound performance; to foster good relations between the different layers of sport, i.e. amateur sport, Federation (competitive) sport and professional sports; and to make sport readily available to youngsters as sport as a means of recreation contributes to a balanced and stable structure of society.

In the Brazilian Lei Pele (which was drafted by footballer Pele when he was Minister of Sport during the years 1995-1998) the following fundamental principles have been laid down: the sports movement is subject to national regulation; the practitioner of sport has autonomy, both as a natural and as a legal person; democratic access to practicing sports; the social aspect that it is a task for the State to support the sports sector, both for official and unofficial sports; the distinction between professional and amateur sport; the national identity that is created through the practice of sport; education through sport; the moral and physical development of society through sport; harmonious interaction between the different regional sports organizations; and to guarantee the safety of every sports participant both physically and mentally. For professional sport a number of additional special fundamental principles apply: financial and administrative transparency; fair administration; the social responsibility of sports-governing bodies; participation in the organization of the sport as provided by the law; and respecting the distinction between professional and amateur sport.

The ratio legis of the Colombian Sports Act is highly ambitious, namely: to support, develop, expand, propagate, plan, coordinate, implement and monitor the practice of sport, recreation and the use of leisure time and to promote the extracurricular education from a young age upwards in all layers and social classes of society in accordance with the principle of equal access for all citizens to sound physical and mental schooling/development. It also aims to implement and develop physical education as part of the integrated development of society as a whole and of the individual who has a place in society. A special objective of the Act is to create a national system of sport, recreation, use of leisure time, extracurricular education and physical education.

The factors which have motivated the various legislators to enact a Sports Act are many and diverse. The most important and most frequently mentioned reasons can also be found in the Constitutional provisions concerning sport.

4. Constitutional Provisions Concerning Sport

A large number of countries have included one or more provisions concerning sport in their Constitution. Various Constitutions even have a separate paragraph on sport. (67) The Constitutions of some countries order the legislator to enact legislation in the field of sport. (68) In the Constitutions of some of these countries it is provided that the State shall ensure the protection of citizens' health and in this context will promote the development of sport. (69) Others among these countries links the promotion of sports activities undertaken by the citizens to the promotion of culture, (70) education (71) or recreation. (72) One country links the promotion of sport on its territory to the promotion of all the mentioned policy areas of the State. (73)

5. Conclusions

In many countries the legislator has considered it appropriate to either devote one or more provisions of the Constitution to sport or to enact a separate Sports Act. In the Netherlands the starting point has been that a Sports Act could not function as the field in which such an Act should have effect cannot be delineated. In the Netherlands it was considered desirable to start from a definition that would touch upon the essence of sport. However, in the different Sports Acts which have been examined, such an "essential" definition was not found. The legislators in question have all taken a pragmatic approach. By these laws they merely intended to promote various objectives in society for the benefit of the citizens, to improve the organization of the sports sector or to combat certain excesses linked to sport.

* Senior Research Fellow at the ASSER International Sports Law Centre, The Hague, The Netherlands.

(1) Cf. previously also: Andre-Noel Chaker, Study on national sports legislation in Europe, Council of Europe Publishing, July 1999.

(2) Europe: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Macedonia, Malta, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden, Switzerland, Ukraine; Americas: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, Peru, Uruguay, USA, Venezuela; Africa: Mauritius, Republic of South Africa; Asia: Mongolia, People's Republic of China, Singapore, Taiwan; Oceania: Australia.

(3) Albania, Andorra, Armenia, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Cambodia, Congo (Brazzaville), Cuba, Denmark, Georgia, Germany, Honduras, Moldavia, Monaco, Norway, Russian Federation, San Marino, Serbia and Montenegro, Slovenia, Surinam, Syria, Turkey, United Kingdom, Vietnam.

(4) From the research, a picture also emerged of the relationship between the government and (organized) sport in the different countries. Most countries recognize the autonomy of sport, although some have a system in which the State intervenes. Examples of these are: Brazil, Chile, Denmark, France, Greece, Hungary, Italy, Luxemburg, Malta, Mauritius, Mexico, Mongolia, Portugal, People's Republic of China, Romania, Republic of South Africa, Singapore, Slovenia and Spain.

(5) Recommendation No. R (92) 13 Rev of the Committee of Ministers to Member States on the Revised European Sports Charter, adopted by the Committee of Ministers on 24 September 1992 at the 480th meeting of the Ministers' Deputies and revised at their 752nd meeting on 16 May 2001.

(6) The Sports Acts of Argentina, Brazil, Bulgaria, Finland, Canada, El Salvador, Guatemala, Italy, Lithuania, Nicaragua, Austria, Portugal, People's Republic of China, Taiwan, USA, Republic of South Africa and Switzerland do not define the term "sport".

(7) Lawon Sport, I. General Provisions, Art. 1, 2.

(8) Loi du 3-8-2005 concernant le sport, Art. 6. Le sport de competition.

(9) Ley Del Deporte De Chile, de 30-1-2001, Ley-19712, Tit. I, Principios, Objetivos y Definiciones, Art. 1 .

(10) The Law of Mongolia on Physical Culture and Sports, 31-10-2003, Ch. 1-Common Provisions, Art. 3. Definitions of the Law, 3.1.2.

(11) Sports Act, passed on 15-6-1998 (RT I 1998, 61, 982), Ch. 1--General Provisions, [sections] 2. Definitions.

(12) The Law about Sport, I. General Provisions, Art. 1, 1.

(13) Irish Sports Council Act, 1999, No. 6 of 1999 Part I. Preliminary and General, 2.-(1).

(14) Sports Law, Published: "Vestnesis", 13 Nov. 2002, No. 165 (2740), Section 1. 10).

(15) Sports Act, Sports, Cap. 455. 1, Ch. 455, Sports Act, Part I--Preliminary, 2.

(16) Ordinance Concerning Government Grants to Sports Activities (1999:1177), Definitions, Section 2.

(17) Act No.115/2001 on Support of Sport, 28-2-2001, [sections] 2 (2).

(18) The Law of Mongolia on Physical Culture and Sports, 31-10-2003, Art. 3. Definitions of the Law, 3.1.1.

(19) Legislative Act on Sports, Art. 1.

(20) Sports Law of the People's Republic of China (adopted by the Fifteenth Session of the Standing Committee of the Eighth National Peoples Congress on August 29. 1995), Ch. 1 General Provisions, Art. 5.

(21) Fitness and Amateur Sport Regulations, C.R.C., c. 868, Interpretation 2.

(22) Sports Act, passed on 15 June 1998 (RT 1998, 61, 982), Ch. 1--General Provisions, [sections] 2. Definitions, 2).

(23) Irish Sports Council Act, 1999, No. 6 of 1999, Part I--Preliminary and General , 2.-(1).

(24) Loi du 3 Aout 2005 Concernant le Sport, Art. 5.

(25) Sports Act, Part I--Preliminary, 2.

(26) Ley del Deporte, Titulo II--De la Organizacion Deportiva del Pais, Capitulo II--De los Entes del Sector Privado de la Organizacion Deportiva, Seccion Segunda--De las Entidades del Deporte Federado and Seccion Quinta-Deporte No Federado.

(27) Ley del Sistema Estatal del Deporte, Capitulo I--Disposiciones Generales.

(28) The Law of Mongolia on Physical Culture and Sports, 31-10-2003, Ch. 1-Common Provisions, Art. 3. Definitions of the Law, 3.1.2.

(29) The Sports Act 2001 (No. 41 of 2001), Part I--Preliminary, 2. Interpretation.

(30) Ordinance Concerning Government Grants to Sports Activities (1999:1177), Definitions, Section 2.

(31) Lei No. 9.615, De 24 de Marco de 1998, Capitulo I--Disposicoes Iniciais, Art. 1 .

(32) Ley del Deporte de Chile, de 30-1-2001, Ley-19712, Tit. I--Principios, Objetivos y Definiciones.

(33) Ley 181 de 1995, Titulo I--Disposiciones preliminares, Capitulo I.

(34) Legge No. 91/81 Sul Professionismo Sportivo, Section I--Professional Sport, Art. 2--Sports professionalism.

(35) Sports Law, published: "Vestnesis", 13 Nov. 2002, No. 165 (2740), Section 1. Terms Used in this Law, 2) 9) athlete.

(36) Law on Physical Culture and Sport of the Republic of Lithuania, 20-12-1995 No. I-1151, Ch. V. Professional Sport, Art. 29. Professional Athlete.

(37) Ley del Deporte de Chile, de 30-1-2001, Ley-19712, Tit. I--Principios, Objetivos y Definiciones.

(38) Ley 181 de 1995, Tit. I--Disposiciones preliminares, Cap. I.

(39) Provisions concerning hooliganism and doping abuse may be found in the Sports Acts of Bulgaria, Canada, Chile, Estonia, France, Ireland, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, Mauritius, Ukraine, Austria, Poland, Portugal, Romania, Serbia, Spain, Taiwan, Czech Republic, Venezuela and Switzerland. Provisions concerning vandalism can be found in the Sports Acts of Bulgaria, Colombia, Estonia, France, Luxemburg, Malta, Mauritius, Mongolia, Portugal, Romania, Serbia and Spain.

(40) Act No.115/2001 on Support of Sport, 28 February 2001, [sections] 1. Verg. Argentina: Ley del Deporte, Ley 20.655, de 21 de marzo de 1974, Cap. I Principios generales, Art. 1; Austria, Land Niederosterreich, NO Sportgesetz, [sections] 1 Praambel; Land Oberosterreich, Landesgesetz vom 12. Juni 1997 uber das Sportwesen in Oberosterreich (Oo. Sportgesetz), 1. Abschnitt Allgemeine Bestimmungen, [sections] 1 Ziel; Brasil, Lei no. 9.615, de 24 de marco de 1998, Cap. I--Das Disposicoes Iniciais, Art. 1 ; Lei no.. 8.672, de 6 de julho de 1993, Cap. I--Das Disposicoes Iniciais, Art. 1 ; Chile, Ley del Deporte de Chile, de 30 de Enero de 2001, Ley-19712, Tit. I, Principios, Objetivos y Definiciones, Art. 1 ; Ecuador: Constitucion Politica de la Republica del Ecuador, Seccion undecima: De los deportes, Art. 82; El Salvador: Decreto No. 300.--La Junta Revolucionaria de Gobierno, Ley General de los Deportes de El Salvador, Tit. I: Disposiciones Preliminares, Cap. I: Del Objeto de la Ley, Art. 1 c.q. Cap. II: De la Politica Deportiva, Art. 2; Estonia: Sports Act, Passed on 15 June 1998 (RT I 1998, 61, 982), Ch. 1--General Provisions, [sections] 1. Scope of the Act; Finland: Sports Act, Adopted in Helsinki on 18 December 1998. 1054/1998, Ch. 1--General regulations, Section 1--Purpose of the Act; Guatemala: Constitucion Politica de la Republica de Guatemala, Articulo 91 and Articulo 92; Iceland: Legislative Act on Sports, Art. 2; Latvia: Sports Law, Published: "Vestnesis", 13 Nov. 2002, No. 165 (2740), Sect. 2. Purpose of this Law; Lithuania: Law on Physical Culture and Sport, December 20, 1995 No. I--1151, Ch. 1. General Provisions, Art. 1-Purpose of the Law; Mexico: Ley Del Sistema Estatal Del Deporte, Cap. I-Disposiciones Generales, Art. 1; Nicaragu: Constitucion de Nicaragua, 1987, Cap. III: Derechos Sociales, Articulo 65; Panama: Constitucion Politica de la Republica de Panama de 1972, Reformada por los Actos Reformatorios de 1978, Cap. 40, Articulo 82; Peru: Ley General Del Deporte, Ley No. 27159: Promulgada el 26. Julio 1999, Titulo I: Disposiciones Generales, Art. 1.--Objeto de la Ley; Portugal: Lei de Bases do Sistema Desportivo, Lei no. 1/90 de 13 de Janeiro, publicada no DR, Ia s, no. 64, de 17 de Marco de 1990, Cap. I-Ambito e principios gerais, Art. 1-Objecto; People's Republic of China: Law of the People's Republic of China on Physical Culture and Sports (Effective Date:1995.10.01--ineffective Date:), Ch. I General Provisions, Art. 1; RSA: National Sport and Recreation Act, No. 110 of 1998 (Assented to 24 November I998.), Preamble; Spain: Ley 10/1990, de 15 de octubre, del Deporte, Titulo Primero-Principios Generales, Art. 1.; Switzerland: Loi federale encourageant la gymnastique et les sports, du 17 mars 1972 (Etat le 27 novembre 2001), I. But, Art. 1; Taiwan: National Sports Act, Art. 1; Uruguay: Ley de Administracion Publica y Empleo, Fomento y Mejoras de Uruguay, Seccion XII, Tit. I: Fomento Del Deporte, Cap. 1: De los clubes deportivos, Art. 66; USA: Ted Stevens Olympic and Amateur Sports Act, SubCh. I--Corporation, [sections]220503. Purposes; Venezuela: Ley del Deporte, Gaceta Oficial No. 4.975 Extraordinario de fecha 25 de septiembre de 1995, Titulo I, Disposiciones Generales, Art. 1(.

(41) Ley del Deporte, Capitulo I, Art. 1(b).

(42) Law for the Physical Education and Sport, Art. 2(1).

(43) Physical Activity and Sport Act, 3(a).

(44) The Law on Sport, Art. 3.

(45) Sports Law of the People's Republic of China. See further: Finland: Sports Act, Ch. 1, Section 1; Liechtenstein: Sportgesetz, Art. 2, 1) and Taiwan: National Sports Act, Art. 1.

(46) Physical Activity and Sport Act, 3(b).

(47) Sports Act (1).

(48) Physical Activity and Sport Act, 3(c). Cf. the Bulgarian Law for Physical Education and Sport, Art. 2(2), first sentence.

(49) Sports Act, [sections] 1. Cf. Canada: Physical Activity and Sport Act, 4.(2) (b); Iceland, Legislative Act on Sports, Art. 2; Latvia, Sports Law, Section 2; Lithuania, Law on Physical Culture and Sport of the Republic of Lithuania, Art. 1; Czech Republic, Act No.115/2001 on Support of Sport, [sections] 1.

(50) The Law of Mongolia on Physical Culture and Sports, Art. 1, 1.1.

(51) Law on Physical Culture and Sport of the Republic of Lithuania, Art. 1.

(52) Act No.115/2001 on Support of Sport, [sections] 1.

(53) Sports Act, Ch. 1, Section 1 (second sentence).

(54) Sports Act (2).

(55) The Law of Mongolia on Physical Culture and Sports, Art. 1, 1.1. Cf. further the Republic of South Africa National Sport and Recreation Act, Preamble; Taiwan, National Sports Act, Art. 1.

(56) Physical Activity and Sport Act, 4.(1).

(57) Sports Act (4). Cf. Latvia, Sports Law, Section 3; Liechtenstein, Sportgesetz, Art. 2, 2).

(58) Physical Activity and Sport Act, 4.(1). Cf. Republic of South Africa National Sport and Recreation Act, Preamble.

(59) Sports Law, Section 3, 3).

(60) The Law of Mongolia on Physical Culture and Sports, Art. 1, 1.1.

(61) Bundesgesetz vom 12. Dezember 1969, betreffend Forderungen des Sportes aus Bundesmitteln (Bundes-Sportforderungsgesetz), Abschnitt I, [sections] 1. (1).

(62) Sports Law of the People's Republic of China. Art. 3. Cf. Estonia, Sports Act, [sections] 1; Latvia, Sports Law, Section 2.

(63) Sports Law of the People's Republic of China, Art. 7.

(64) Sports Law of the People's Republic of China. Art. 9. Cf. Estonia, Sports Act, [sections] 1; Latvia, Sports Law, Section 2.

(65) Law for Physical Education and Sport, Art. 2(2) (second sentence).

(66) Ley del Deporte, Capitulo I, Art. 1(a).

(67) Brazil: Constitution, 5-10-1988, Tit. VIII Social Order, Ch. III Education, Culture, and Sports, Section III Sports, Art. 217 [Sports, Practice, Associations]; Ecuador: Constitucion Politica de la Republica del Ecuador, Seccion undecima: De los deportes, Art. 82; Guatemala: Constitucion Politica De La Republica De Guatemala, Artt. 91-92; Mexico: Constitucion Federal de 1917 con Reformas Hasta 2004 (Vigente), Tit. Tercero, Capitulo II--Del Poder Legislativo, Seccion III--De las Facultades del Congreso, Art. 73; Paraguay: Constitution, 20-6-1992, Part I On Basic Principles, Rights, Duties, and Guarantees, Ch. VII On Education and Culture, Art. 84 On the Promotion of Sports; Turkey: Constitution 1982, Part Two--Fundamental Rights and Duties, Ch. Three--Social and Economic Rights and Duties, Art. 59 Development of Sports, (1). It is worth noting that Art. 59(2) provides that "The State shall protect successful athletes".

(68) Italy: Constitution, Part II Organization of the Republic, Title V Regions, Provinces, Municipalities, Art. 117 [State and Regional Legislative Power], (3); Panama: Constitucion Politica de La Republica de Panama de 1972, Reformada por los Actos Reformatorios de 1978, Capitulo 40, Art. 82.

(69) Armenia: Constitution, 5-7-1995, Ch. 1 The Foundations of Constitutional Order, Art. 34; Bulgaria: Constitution, Ch. Two Fundamental Rights and Obligations of Citizens, Art. 52 [Health Care], (3); Chile: Constitucion Politica de la Republica de Chile de 1980, Articulo 107; People's Republic of China: Constitution, 4-12-1982, Art. 21; Spain: Constitution, Title I Basic Rights and Duties, Ch. III Guiding Principles of Economic and Social Policy, Art. 43 [Health Protection, Sports, Leisure], (3); Ukraine: Constitution, Ch. II--Human and Citizens' Rights, Freedoms and Duties, Art. 49.

(70) Cuba: Constitucion Politica de la Republica de Cuba de 1976, Incluye reformas de 1978, 1992 y 2002. Actualizada hasta la Ley de Reforma Constitucional 2002, Capitulo I-Fundamentos Politicos, Sociales y Economicos del Estado, Art. 9, b); Surinam: Constitution, Ch. VI Social, Cultural and Economic Rights and Obligations, Eleventh Section--Youth, Art. 37 c.

(71) Greece: Constitution, adopted on 11-6-1975, Art. 16 [Education], (9); Macedonia: Constitution, Ch. II Basic Freedoms and Rights of the Individual and Citizen, Part 2 Economic, Social, and Cultural Rights, Art. 47; Portugal: Constitution 2-4-1976, Section III Economic, Social, and Cultural Rights and Duties, Ch. II Social Rights and Duties, Art. 64 Health, (2) b), Art. 70 Young People, (1) c) Physical education and sports; Ch. III Cultural Rights and Duties, Art. 79 Physical Education and Sport; Syria: Constitution, Ch. 1 Basic Principles, Part 3 Educational and Cultural Principles, Art. 23 [Socialist Education, Arts, Sports], (3).

(72) Nicaragua: Constitucion de Nicaragua, 1987, Capitulo III: Derechos Sociales, Art. 65; Peru: Constitucion Politica del Peru, Tit. I--De la Persona y de la Sociedad, Capitulo II--De los Derechos Sociales y Economicos, Art. 14[degrees]; Spain: Constitution, Tit. VIII Territorial Organization, Ch. III Autonomous Communities, Art. 148 [Competences], (1) 19).

(73) Croatia: Constitution, Dec 1990, last Amendment on: 2-4-2001, Ch. III Protection of Human Rights and Fundamental Freedoms, Part 3 Economic, Social, and Cultural Rights, Art. 68 [Science, Culture, Arts, Sports].

(74) See for the full texts of the legislation listed: www.sportslaw.nl under Documentation.
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Title Annotation:legislation
Author:Soek, Janwillem
Publication:The International Sports Law Journal
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Date:Jul 1, 2006
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