COURT OF ARBITRATION FOR SPORT (CAS)

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Context: The Court of Arbitration for Sport (CAS) called the rules "draconian" but upheld Vinesh Phogat’s disqualification.

Details

• Vinesh Phogat, a prominent Indian wrestler, faced a significant setback during the Paris Olympics due to disqualification for being 100 grams overweight in the 50-kg gold-medal bout.
• Her disqualification, based on United World Wrestling (UWW) rules, led her to appeal the decision at the Court of Arbitration for Sport (CAS).

Key Points from the CAS Judgment

The Appeal and CAS Judgement	●Vinesh Phogat's appeal challenged the fairness of the rules leading to her disqualification. ●She argued that the UWW's rules were "draconian" and asked to overturn the decision, proposing that a fairer outcome would be to limit the consequences to only the bout she was disqualified from. ●The CAS arbitrator, Annabelle Bennett, agreed that the rules were harsh. She noted that while many of Phogat’s concerns were valid, the CAS’s role was not to rewrite the rules but to apply them as they were. ●Bennett acknowledged that a more balanced approach might have been to uphold the results of Phogat’s earlier bouts and limit the consequences to the disqualification bout alone. However, she emphasized that CAS could not alter the UWW’s existing policies.
Critique of the Rules	●Bennett described the rules as "draconian," meaning they were excessively harsh and unforgiving. In sports, rules are crucial for fairness, but they must also be adaptable to unique situations. ●Phogat’s case revealed a gap between strict rule enforcement and the practical realities faced by athletes. For example, Phogat’s disqualification was final, affecting her entire performance despite no wrongdoing in her previous matches.
Legal and Biological Factors	●The Indian Olympic Association (IOA) and Phogat’s legal team argued that her weight issue could be the result of normal biological processes, such as menstruation, and practical challenges. They also claimed the scales might have been faulty. Despite these arguments, the CAS found that these factors did not justify non-compliance with the rules. ●This aspect of the case highlights the tension between holding rigid rules and considering the human factors affecting athletes. In sports, understanding and accommodating these factors can be crucial for fair judgment.
Implications for Future Cases	●The outcome of Phogat’s appeal emphasizes the need for sports governing bodies to revisit their rules. While strict rules ensure a level playing field, they must also consider exceptions and the context in which they are applied. ●The case serves as a reminder that sports organizations should follow rules that are both fair and flexible.

Court of Arbitration for Sport (CAS)

• It is an independent institution designed to handle disputes in the sports world through arbitration.
• Its goal is to provide a fair and efficient way to resolve conflicts, be they between athletes, sports organizations, or other stakeholders involved in sports.
• Headquarters and Global Presence:
  • • Headquarters: Lausanne, Switzerland
    • Additional Courts: New York City, Sydney, and temporary courts in Olympic host cities.
• CAS operates under the oversight of the International Council of Arbitration for Sport (ICAS), which manages its finances and appointments.
• ICAS and CAS share a single president, and ICAS is responsible for the financial health and management of CAS.

How CAS Operates?

Jurisdiction and Appeals

• Arbitration Agreement: Generally, disputes must have an arbitration agreement specifying CAS as the venue. However, disputes related to the Olympic Games are automatically submitted to CAS according to rule 61 of the Olympic Charter.
• Anti-Doping Cases: Since 2016, CAS has had an Anti-Doping Division specifically handling cases related to doping, replacing the International Olympic Committee’s (IOC) disciplinary commission.

Appeals Process

• Swiss Federal Supreme Court: CAS decisions can be appealed to the Federal Supreme Court of Switzerland, though appeals are rarely successful. This court reviews procedural aspects rather than the merits of the case.
• European Court of Human Rights: Decisions can also be appealed to the European Court of Human Rights, though this is a more complex and rare process.

Olympic Games

• The Olympic Games are one of the most prestigious and widely watched international sporting events in the world.
• They are held every four years; they bring together thousands of athletes from around the globe to compete in a variety of sports.

Origins and Evolution

• The concept of the Olympic Games dates back to ancient Greece, where the original games were held in Olympia from the 8th century BC to the 4th century AD. These ancient Olympics were a series of athletic competitions held to honour the Greek god Zeus.
• The modern Olympics were revived in 1894 by Baron Pierre de Coubertin, a French educator who founded the International Olympic Committee (IOC). The first modern Games took place in Athens in 1896, marking the beginning of a new era in international sports.

Types of Olympic Games

• Summer Olympics: Featuring sports like athletics, swimming, and gymnastics.
• Winter Olympics: Introduced in 1924, these Games include sports such as skiing, ice hockey, and figure skating.
• Paralympic Games: Introduced in 1960, organized shortly after the Olympics, these Games focus on athletes with disabilities.
• Youth Olympic Games: Targeted at young athletes aged 14 to 18, promoting the Olympic values among the younger generation.

Structure and Governance

• The International Olympic Committee (IOC) is the governing body overseeing the Olympic Movement. Its responsibilities include organizing the Games, selecting host cities, and determining the sports and events featured.
• Key Components:
  • • International Sports Federations (IFs): These organizations govern individual sports and ensure they meet international standards.
    • National Olympic Committees (NOCs): Represent their countries and manage the selection of athletes and participation in the Games.
      • The Indian Olympic Association (IOA) is in charge of choosing athletes to represent India at the Olympics, Asian Games, and other global competitions.
      • IOA manages Team India and also serves as the Indian Commonwealth Games Association, selecting athletes for the Commonwealth Games.
    • Organizing Committees: Handle the logistics and execution of each specific Olympic Games.

Conclusion

• The Vinesh Phogat CAS verdict highlights the need to have a balance between enforcing rules and considering the human aspect of sports. While the strict application of rules can ensure fairness, there must be room for flexibility to accommodate exceptional circumstances. This case serves as a valuable lesson for sports organizations to create regulations that are both fair and practical, ensuring that athletes are judged in a manner that truly reflects their performance and circumstances.

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INDIAN OLYMPIC ASSOCIATION (IOA)

Source:

Hindustan Times

Indian Express

Wikipedia

Wikipedia

PRACTICE QUESTION Q. Discuss the implications of the Court of Arbitration for Sport (CAS) ruling on Vinesh Phogat's disqualification. How does the decision reflect on the fairness of sports competition rules and their implementation?