The text recognizes sports activity as a right, encourages women and promotes sustainability and digitization
“With the transformation of the legal framework of sport, we are responding to an old demand of the sector,” said José Manuel Franco.
MADRID, 22 Dic. (EUROPA PRESS) –
The new Sports Law has been approved this Thursday by a large majority in the Congress of Deputies, a text that updates the previous one from 1990 and that adapts the current legal framework to the “new sports reality”, promotes equality, inclusion , digitization, sustainability and the presence of women in the sector.
After passing through the Senate, the text has received the support of the Lower House and will enter into force in the coming weeks once it is published in the Official State Gazette (BOE). Equality, inclusion, coordination between administrations, respect for the environment, the transparency of organizations and fair play are the ordering principles of the new standard.
Promoted by the Ministry of Culture and Sports through the Higher Sports Council (CSD) with contributions from other ministries, autonomous communities, parliamentary groups and public and private sports agents, it replaces current legislation dating from 1990.
“With the transformation of the legal framework of sport, we are responding to an old demand of the sector. The listening process, prior to the elaboration of the text, made us see that the Sports Law of 1990 had clearly become obsolete after three decades of validity “, stressed the Secretary of State for Sport, José Manuel Franco.
The president of the CSD stressed that the new law, which recognizes physical activity and sport as a fundamental right of citizenship, speaks the language of “our time” and attends to a much “more developed and professionalized” sport.
“A sport based on the ecological transition, on the values that commit us to sustainable development and digital innovation, and which is also aware of its social dimension. Through this law, sport defends equality and inclusion and presents himself as a declared enemy of any form of discrimination”, he commented.
Among the most outstanding aspects of the law, physical activity and sport are recognized as essential activities; equality and inclusion in sports practice are defended; greater legal certainty is provided to athletes; and the model of the different professional sports entities is updated, regulating and expanding the powers of the CSD itself.
In addition to the social dimension, it also includes aspects such as the ecological transition, the promotion of rural sports, territorial cohesion and digital innovation in the sector.
One of the great novelties of the law is the recognition of sports practice as a right and its consideration as an essential activity. In addition, the Government and public administrations may implement plans and policies aimed at promoting the practice of sports with the support of the federations.
The new Sports Law reflects the idea that sport cannot be considered as an exclusively male sector that prohibits women’s access to positions of responsibility. In addition, professional federations and leagues will have the obligation to prepare an annual report on equality and have a prevention and action protocol for situations of discrimination, abuse and sexual harassment or for reasons of sex, among others.
In addition, the text includes the need to promote equality in the visibility of male and female sporting events in the media, reduce the loss of women’s rights when they become pregnant, maintaining the vote in general assemblies, favoring reconciliation and preserving their rights. as high-level athletes once this period has elapsed.
The norm also attends and, for the first time, the rights of LGTBI people, eliminating any kind of violence or act of LGTBIFobia in sporting events and promoting that access and sports practice is always carried out with full respect for the principle of equality.
The approved text advances in the promotion of inclusive sport and that practiced by people with disabilities. Among other measures, it includes the promotion of the integration of all athletes under the same federation, being mandatory in cases in which the respective international federation has already done so. For these cases, a weighted representation is established in the governing bodies in those integrated.
It also defines and regulates the status, rights and obligations of athletes. Thus, it includes the definition of professional and non-professional athlete and the figures of high-level and high-performance athlete, as well as the occasional athlete.
Once the typology of athletes has been identified, the law addresses the rights and obligations that athletes have and indicates those arising from the fact of being in possession of a federative license, as well as high-level and professional athletes, for the specialties that their situation has.
Regarding the changes in the obligations of sports entities, the new Law eliminates the obligation to transform into a sports Public Limited Company to participate in professional competitions and opts for a free model. In addition, the mandatory bank guarantee of 15 percent of the spending budget disappears.
The new text includes the definition and regulation of the Spanish sports federations and professional leagues. The Law includes governance and transparency measures, as well as the obligation to prepare an annual report on equality between women and men, as well as a prevention and action protocol for situations of discrimination, abuse or sexual harassment and harassment based on sex or authority. .
Likewise, professional leagues and Spanish sports federations will be obliged to draw up a specific conciliation and co-responsibility plan with specific protection measures in cases of maternity and lactation, which must be made available to the sports entities that are members of the federation.
Sports activity is also conceived from a tourism perspective, of territorial cohesion, as an instrument for the promotion and economic development of rural territories, as a tool for the creation of new business opportunities, fixation of rural population and environmental recovery of abandoned spaces.
For this reason, the new law includes the creation of the ‘Reto De’ sports program, which will be considered an event of exceptional public interest and will take place between 2023 and 2025, with which sponsoring companies would obtain tax benefits for promoting sports activities in rural zones.
