How Spain mitigates the risks of contact sports for children and young adults
Legislators consider minors as vulnerable subjects in any field, and sport is no exception. There are several sports that, due to their very nature, may entail physical contact with other participants; therefore their practice could involve a risk to the minor’s physical safety.
Article 43.3 of the Spanish Constitution states that public authorities shall foster education and sport as well as provide adequate leisure facilities and conditions for its practice. A clear guideline has been established at a national level by means of Article 2.1 of Law 1/1996, which states that whenever any public or private institution, tribunals or legislator adopts any measure affecting minors, the latter interest will prevail over any other legitimate interest. However, the Spanish legislator has not enacted an applicable piece of legislation which would specifically protect minors participating in contact sports.
This article gives an overview of Spain’s legal landscape as it currently relates to the protection of minors partaking in contact sports. Specifically, it looks at:
- National level legislation – and in particular the lack of detailed and specific legislation relating to child safety;
- The regional legal framework – examples of how the autonomous regions of Spain legislate for child safety in sport;
- Regulations issued by sports federations – examples of the specific rules of sports federations relating to child safety (in particular, boxing);
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- Tags: Athlete Welfare | Basketball | Boxing | Canary Island | Child Safety | Football | Rugby | Spain | Spanish Boxing Federation | Spanish Civil Code | Spanish Constitution
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Alfonso León Lleó
Associate at Ruiz-Huerta & Crespo SPORTS LAWYERS. Specialist in Sports Law. LL.M. inInternational Sports Law (ISDE). Member of the AEDD. Graduated in Law andBusiness Administration. Member of the Board of Directors at Club de TenisValencia.