Chapter V

EUROPEAN PUBLIC POLICIES AND SPORTS SYSTEM

 

Chapter V

In this chapter we analyze the state of public policy and its articulation with the private sports system in Europe in general and particularly in the European Union based on the results of the European and national questionnaires reported in output 1.

SPORTS PUBLIC POLICIES

 

Chapter V

“The practice of physical education, physical activity and sports is a fundamental right for all” according to article 1 of the International Charter of Physical Education, Physical Activity and Sport of UNESCO (2015). The Charter refers to the right, without discrimination (1.1) of persons with disabilities (1.3) to participate either in formal sport to achieve high performance outcomes, informal sport or for all, for recreational and health promotion purposes (1.4), not forgetting both the legacy and cultural heritage of popular and traditional games and the diversity and emergence of new forms of sports (1.6), but depending on the success of participation and inclusion, equality opportunities which should be offered to all, in accordance with their abilities and interests (1.6), while governments (1.2) should ensure appropriate support measures.

These rights in the field of sport should firstly be guaranteed through the constitutions of their respective countries, whatever they may be.

Following UNESCO guidelines we have to highlight the article “Sport: a driver of sustainable development, promoter of human rights, and vehicle for health and wellbeing for all” (Masdeu, Carty and Clardy, 2019) that points out “… the Kazan Action Plan (UNESCO, 2017) and the Global Action Plan on Physical Activity 2018-2030 (WHO, 2018) are introduced as two pivotal global frameworks, under the umbrella of Sustainable Development Goals (UN, 2016), for collaborative action in sport, physical activity and physical education”.

More recently, the European Union, through the Lisbon Treaty of 2009 (Art. 165 TFEU), has had powers in the field of sport and the safeguarding of the rights of the citizens of the European Union (Art. 6).

The most recent constitutions of the EU countries, namely Portugal (1976; 1997) and Greece (1975; 1986) refer to sport. The Netherlands (1815) is one of the oldest constitutions of Europe and the world (1788 United States of America; 1814 Norway).

United Kingdom is not considered to have a constitution but a set of texts such as the “Magna Carta of 1215, the Petition of Rights of 1627, the Act of Habeas Corpus of 1679 and the Bill of Rights of 1689”, which they end up embodying a “constitution”.

The Constitutions of European countries emerged in the nineteenth century as well as the respective public organization of sport. The organization of sport in European countries coincides with the period of development of physical education and sport, as a consequence of the great currents of physical exercise for pedagogical, military, hygienic, corrective and therapeutic purposes, which coincide with the founding (1894) of the Olympic Movement of the Modern Age Olympic Games and the creation (1881) of the International Sports Federations.

According to the Working Paper document (1999) promoted by the European Parliament on the “Fundamental Social Rights in Europe” we can identify in the European Constitutions the subjects of sport and disabled people, as fundamental social rights, in the following areas:

  1. Right to Sport (Physical Education, Sport, Leisure);
  2. Right to the Special Protection for the (disabled) Persons with Disabilities, in right to social security;
  3. Right to Education and the Training (Physical Education and Sport);
  4. Right to Culture (Physical Training and Sport);
  5. Right to Health;
  6. Right to a healthy environment.

The most recent constitutions of the European countries, namely those that were part of the former eastern bloc and/or former Soviet Union, seek to prioritize the fundamental social rights. Countries that were under a dictatorship such as Portugal (1976, 2005), Spain (1978), Italy (1947, 1993) and including Germany, France (during the Vichy Government 1940-1944), were found to have strong state intervention.

THE GOVERNANCE OF SPORT IN THE MEMBER STATES OF THE EUROPEAN UNION

 

Chapter V

  1. Now we describe Sport Governance in EU Member States by identifying the sport framework for persons with disabilities at three organizational levels:
    1. Government Structure;
    2. Non-Governmental Structure;
    3. Private Sector.
    In our analysis we will consider the European Model of Sport as a whole and we will not disrupt the organizational structures of sport either by political systems or by the political-administrative division of the EU Member State. Thus, we will consider the three organizational levels per country according to the pyramidal structure of sport: the National Level at the top, followed by an Intermediate or “Regional” Level and, at the base, the Local Level. Although our target population includes ages from birth to age thirty-five, we will list the various sports systems, subsystems and sectors that frame the sporting offer for citizens throughout their intended life cycle or life cycle, characterized, in addition to the purposes of a sports policy, also by regular sports practice, in accordance with the frequency, the volume and intensity recommended by the World Health Organization without neglecting diet and healthy lifestyle.
The systems, subsystems and sports sectors are:
  • School Sports
It comprises the period for compulsory education (up to the age of 18) prior to entry to the University or Higher Education. Governance ranges from the supervision of the Ministry of Education and / or Sport to leadership by private public bodies. School Sports is structured on three levels, on a country-by-country basis, Intermediate Regions, and internationally, there are two International Sports Federations (IFs), one being the Sportive Éducative de l’Enseigment Catholique / International Catholic Federation Schoolsport Federation (FISEC) and the other International School Sport Federation (ISF). It is a sector that requires close cooperation between the Education, Sports (Clubs and Sports Federations) and Municipalities sectors. It is a prime way of connecting to high performance through the Sports Federation’s Talent Identification and Development Programs and the Olympic and Paralympic Programs.
  • University Sports
Under the Governance of the International University Sports Federation (FISU), it is structured in three levels: National, Regional and International. It is also a sector that requires close articulation between the Education, Sport (Sports Clubs and Federations) and Municipalities sectors. It is a prime way of connecting to high performance through the Sports Federation’s Talent Identification and Development Programs and the Olympic and Paralympic Programs.
  • Federated Sport
Federated Sport is the main and fundamental structure of organized sport, being dependent on the Governance of the Public Guardianship of Sport. It obeys the pyramidal structure of sport, comprising the Sports Clubs, Associations, Sports Federations, the Confederation, and the Olympic and Paralympic Committees. Federated Sport has been linked with education, municipalities and other subsystems and sports sectors, considering that the Sports Federations have authority over a sport.
  • Military and Para-Military Sport
The guardianship can be divided between the Ministry of Defence (Military) and the paramilitary structures are divided between the Security (Police), the Ministry of Judicial Police, Maritime, etc. They are structured at three levels according to the leadership of the International Military Sports Council (CISM) and the International Police Sport Union (USIP).
  • Sports for Workers
Sports for Workers range from the minimum legal age for work to retirement age or the end of a career in the public or private sector. The nature of sport is more informal though, framed by the social organization of workers in the form of clubs and internationally under the leadership of the International Workers and Amateurs in Sports Confederation (CSIT).
  • Municipal Sport
Municipal Sport plays an extremely important role with citizens residing and / or attending the territory, with legal powers and competences in the field of sport. These Local Authorities vary depending on the political system at the top and the political-administrative country division.
  • Sport for All
Sport for All, although informal, is more or less structured depending on the sporting model of countries. Sport for All has ranged from grassroots sports to base sports, sometimes taking on a strong cultural component linked to Traditional or Popular Sport Games (TSG), Indigenous Games, some being inspired by UNESCO and/or TAFISA – The Association For International Sport for All.
  • Private Sector – Gymnasium, Fitness Clubs & Health Centres
Without wishing to exhaust the many forms of sporting practice and organization in view of the diversities and particularities of each country, it is important not to overlook two important private growth sectors with a large market share and the vision of the economic dimension of sport:
  • The first falls within the physical activity, fitness and wellbeing sector, based on the Gymnasium, Fitness Clubs and Health Clubs or Centers.
With national organizations by country, in Europe represented by EuropeActive and with an international organization called International Health, Racquet & Sports Club Association (IHRSA).
  • The second private sector, with sports intervention, focuses on the Tourism Industry and Sporting Goods Industry.
It is a fast-growing sector anchored by the World Tourism Organization (UNWTO) concept, and has extended its intervention to active tourism through the sport and wellbeing sector, in addition to other initiatives, namely Tourism Accessible For All. The world authority on sporting goods industry is the World Federation of Sporting Goods Industry (WFSGI). In Europe the FESI – Federation of the European Sporting Goods Industry represents a sector with 700,000 employees and has a combined annual turnover of more than 81 billion Euros. fesi-sport.org Furthermore than the above-mentioned entities whose sport is nowadays, in view of sports development trends, associated nationally and internationally with the promotion of quality of life (WHO), the Sustainable Development Goals (UN), among others, which are not centralized in just one Ministry of Sport but scattered among various Governmental and Non-Governmental structures. Let us mention three examples, among the various initiatives involving the State and Private sectors. 2. Physical Activity, Diet, Quality of Life and promotion of healthy living habits Initiatives in these areas have involved the Sport, Health and Municipalities sectors, with actions within the European and International Region. According to WHO (2006) the population with disabilities is less active compared to the population without disability. Policies include: WHO 2006 Promoting physical activity and active living in urban environments. The role of local governments. The solid facts www.euro.who.int Kazan Action Plan (UNESCO, 2017) en.unesco.org Council of the European Union (2013) Council Recommendation on promoting health-enhancing physical activity across sectors. link Global Recommendations on Physical Activity for Health (WHO – link Global Strategy on Diet, Physical Activity and Health (DPAS)  link 3. Sustainable urban mobility policies as a path to active citizenship and to healthy cities   The initiative is developed at the three levels, national, European and international with the purpose of environmental sustainability and mobility activity. Playing sport has an important role in programs using bicycles (cycling) and the use of walking and running (athletics). Other Ministries such as Infrastructure, Transport, as well as Municipalities (Sport, Urbanism and Transport) and Education (Schools) play a very active role. Measures regarding accessibility and mobility in the built environment will impact wheelchair users, hand bikes / handcycles and other forms of mobility on the disabled population. link 4. Sports and the Sustainable Development Goals (SDGs) and Peace Sports and the Sustainable Development Goals and Peace reinforces the legacy and heritage of the Olympic Games for the promotion of peace (from the Classical Antiquity Games to the 2018 Winter Olympics, with the merging of the two Koreas), by enhancing the dimension (employment) and the socio-economic benefits of sport (in education, health, volunteering, social inclusion) and as a vehicle and instrument in humanitarian aid and international development cooperation. According to the UN “Sport is also an important enabler of sustainable development. We recognize the growing contribution of sport to the realization of development and peace in its promotion of tolerance and respect and the contributions it makes to the empowerment of women and of young people, individuals and communities as well as to health, education and social inclusion objectives (2030 Agenda for Sustainable Development A/RES/70/1, paragraph 37)”. International, bilateral and multilateral cooperation actions could help to strengthen the participation of persons with disabilities in exchanges between European countries and even improve participation in the Commonwealth Games (thecgf.com), Jeux de la Francophonie (www.jeux.francophonie.org), Community Games of Portuguese-Speaking Countries (link), among other initiatives. United Nations link International Platform on Sport & Development (www.sportanddev.org) www.sportanddev.org The rapid and significant progress made by the European Union in the field of sport in general, and particularly sport for persons with disabilities, especially after the Lisbon Treaty (2009), reinforces “The Societal Role of Sport” (White Paper 2007; Lisbon Treaty 2009; Developing European Dimension in Sport, 2011) as regards social inclusion[1],[2],[3],[4],[5],[6],[7] latus sensus e stricto sensus. There is a list of various policy measures, programs and projects developed at international level in the Europe Region and in European countries involving the Governance of Sport and other Governmental and Non-Governmental Entities.
  • Women (Women in Sport) – www.womeninsport.org
  • Children (Sports for children)
  • Youth (Sports for the youngsters)
[1] OJEU 2017/C 423/04 . The Council Conclusions on the role of coaches in society [2] OJEU C 189, 15.6.2017, p. 5. The Council Resolution on the European Union Work Plan for Sport (2017-2020)17, which places particular emphasis on social inclusion. [3] OJEU 2010/C 326/04. The Council Conclusions on the role of sport as a source of and a driver for active social inclusion [4] OJEU C 32, 4.2.2014, p. 2. The Council Conclusions on the contribution to sport to the EU economy, and in particular to addressing youth unemployment and social inclusion [5] OJEU C 189, 15.6.2017, p. 40. The Council Conclusions on sport as a platform for social inclusion through volunteering [6] OJEU 2017/C 423/04. The Council Conclusions on the role of coaches in society [7] The economic dimension of sport and its socio-economic benefits link
  • Elderly (Sports for elderly)
  • Homeless – Homeless World Cup Foundation, link
  • Poor, informal workers social excluded
  • Sport in Prisons – (Sports in Prisons in Europe – Council of Europe link )
  • Migrants, minorities, refugees and victims of a disaster or natural disaster
  • Sport and immigrants
Immigrants and Sports – link
  • Sports for minorities (gypsies; indigenous)
Official Journal of the European Union (OJEU). (1996). Joint Action adopted by the Council on the basis of Article k.3 of the Treaty on European Union, concerning action to combat racism and xenophobia (96/443/JHA). World Indigenous Games – link
  • Sports and LGBT – Lesbian, Gay, Bisexual and Transgender[1],[2]
LGBT – Lesbian, Gay, Bisexual and Transgender – link European Commission (2016), Annual Report 2016 on the List of Actions to Advance LGBTI Equity. United Nations (2012) BORN FREE AND EQUAL – Sexual Orientation and Gender Identity in International Human Rights Law.
  • Sports and refugees
Refugees and Sport – link European Olympic Committee (Refugees and Sports) – link
  • Volunteering in sport
OJEU C 189, 15.6.2017, p. 40 – sport as a platform for social inclusion through volunteering [8] European Commission (2016), Annual Report 2016 on the List of Actions to Advance LGBTI Equity. [9] United Nations (2012) BORN FREE AND EQUAL – Sexual Orientation and Gender Identity in International Human Rights Law.

FRAMING DISABLED PEOPLE IN THE ORGANIZATIONAL STRUCTURE OF SPORT

 

Table 6

After this analysis, we present and describe the framing of people with disabilities in the organizational structure of sport, according to the three levels, according to the Governmental, Non-Governmental and Private Sector structure.

  • The Government Organization

Governmental Organization is generally structured at the level of Government led by the Minister in charge who may delegate to a Secretary of State.

The implementation of the public policies of sport may be through the direct or indirect administration of the State through a public body (Directorate-General, Public Institute or other) that may have autonomy and its own administrative, technical and financial legal personality.

The Sports Framework Law may include an Advisory Body such as a Sports Council.

The Public Sports Administration may have intermediate or delegated structures in another organism. Decentralization covers the local level or delegates in the Municipalities.

  • The Non-Governmental Organization

Non-Governmental Organization presented in the table is based exclusively on federated sport, with clubs at the local level, intermediate associations, and nationally the main sports bodies, the Olympic and Paralympic National Committees, for example, a Sports Confederation and the National Sports Federations, Uniports and Multisport, whether regular or conventional and those of sport for people with disabilities.

  • The structure of private sport

The nature of private sector entities may be for-profit (such as Fitness Clubs) or non-profit.

The Governmental Responsibility for Sport at EU28, according to Table 7, is quite diverse, with three countries having a Ministry and their Minister exclusively for Sport, such as France, Hungary and Luxembourg. Sport, in the Government structure, is most often associated with Education, Culture and Youth.

Depending on each country’s political system, sport is integrated into the EU28 government structure and associated with the following sectors and / or areas of governance:

  • Sport (Sports).
  • Youth (Youth).
  • Youth and Voluntary Organisations | Education and Employment (youth, non-governmental and voluntary organisations).
  • Education (education, vocational education and training, youth)
  • Education and Youth (education, higher education, research, youth).
  • Education and Culture (education, culture, audio-visual, youth).
  • Education and Science (education, science, youth, research and higher education).
  • Education, Science and Research (education, youth, research, science).
  • Education and Employment (education, youth, employment and training).
  • Civil Service (civil service).
  • Civil Society (media).
  • Economy and Innovation (work, economics, innovation).
  • Youth, Justice (youth, justice).
  • Employment and Tourism (culture, employment, media, tourism, youth).
  • Interior (internal security, company policy, migration and integration, infrastructure, spiritual, public service and administration).
  • Culture (cultural/culture, heritage, arts, film / audio-visual, copyright, media, ecclesiastical affairs).
  • European affairs and Culture (European affairs, culture, youth, audio-visual)
  • Human capacities (public education, higher education, culture, health, social affairs, social inclusion, family and youth affairs).
  • Transport and Tourism (Tourism).
  • Tourism (tourism).
  • Medical Care (medical care, prevention & lifestyle, mental health care and social support)
  • Health and Social Affairs (sickness insurance, parental insurance and allowances to parents, pensions, health care, public health).

Within the structure of the European Commission, there is the Commissioner for Education, Culture, Youth and Sport.

GOVERNMENT GUARDIANSHIP OF SPORT IN THE MEMBER STATES OF THE EUROPEAN UNION

 

Table 7

#

 

Country

Ministry

Area and/or

Sector

Governance

Government Member responsible for Sport

01

AT

Austria

Federal Minister for the Civil Service and Sport

– civil service

– sports

Vice Chancellor Federal Ministry for the Civil Service and Sport

 

BE

Belgium

Vlaams Minister van Werk, Economie, Innovatie en Sport

Flemish Minister for Work, Economy, Innovation and Sport

–   work

–    economics

–    innovation

–   sports

Minister

 

BE

Belgium

Ministre de l’Aide à la Jeunesse, des Maisons de Justice, des Sports et de la Promotion de Bruxelles

–   Sport

–   Youth

–   House of Justice

–   Brussels Promotion

Minister

 

BE

Belgium

Vice-Minister President, Minister for Culture, Employment and Tourism

(German-speaking Community)

 

–   culture

–   employment

–   media

–   tourism

–   youth

–   sport

Vice-Minister

 

BG

Bulgaria

Minister of Youth and Sports

 

– youth

– sport

Minister

 

CY

Cyprus

Minister of Education and Culture

 

–  education    

–  culture

–  audio-visual

–  youth

–  sport

 

Minister

 

CZ

Czech Republic

Minister of Education, Youth and Sports

 

– education

– higher education

– research

– youth

– sport

Minister

 

 

DE

Germany

Bundesminister des Innern, (für Bau und Heimat)

 

Federal Minister of the Interior, (for construction and homeland)

 

–  Innere Sicherheit

–  Gesellschaftspolitik

(einschließlich Sport)

–  Migration und Integration

–  öffentlicher Dienst

und Verwaltung

– (Bau

– Heimat)

 

Minister | Federal

 

– Internal security
– Company policy (including sports)
– Migration and integration
– public service and administration
– (construction
– Homeland)

 

DE

Germany

Ministerium des Innern, für Sport und Infrastruktur

 

Ministry of the Interior, for Sport and Infrastructure

–    Inneres

–    Sport

–    Infrastruktur

Minister | Federal

– Spiritual
– Sports
– infrastructure

 

DK

Denmark

Ministry of Culture Denmark

 

– cultural heritage

– arts

– film

– copyright

– media

– sport

– Ecclesiastical Affairs

 

Minister for Culture

 

 

ES

Spain

Minister of Culture and Sport

 

–  Culture

–  Sport

–  Audio-visual (film)

–  Copyright

Minister

 

ES

Spain

 

– Sport

 

Secretary of State for Sport

President of the High Council for Sport

 

ES

Estonia

Estonian Ministry of Culture

 

–  culture

–  audio-visual  

–  sports

 

Minister of Culture

 

 

FI

Finland

Minister for European Affairs, Culture and Sport

 

–  European Affairs

–  culture

– youth

– sport

– audio-visual

 

Minister

 

 

FR

France

Ministry of Sport

– sport

 

Minister of Sports

 

GR

Greece

Deputy Minister of Culture and Sports

 

– sport

 

Deputy Minister of Culture and Sports

 

 

HR

HR-Hrvatska

HR-Croatia

 

State Secretary for Sport

 

– sport

 

State Secretary for Sport

 

 

HU

Hungary

Ministry of Human Capacities

 

–  Public Education

–  Higher Education

–  Culture

–  Sport

–  Health

–  Social Affairs and

    Social Inclusion

–  Family and

    Youth Affairs

 

Minister of Human Capacities

 

HU

Hungary

Minister of State for Sport

State Secretariat for Sport

–  Sport

 

Minister of State for Sport

State Secretariat for Sport

 

IE

Ireland

Minister of State at the Department of Transport, Tourism and Sport

–  Sport

–  Tourism

Minister of State at the Department of Transport, Tourism and Sport

 

IT

Italy

Undersecretary of State for Sport

Presidency of the Council of Ministers

 

Undersecretary of State for Sport

Presidency of the Council of Ministers

 

LV

Latvia

Minister for Education and Science

 

–   education

–   science

–   youth

–   sport

–   languages

Minister

 

 

LT

Lithuania

Minister of Education and Science

 

–    Education

–   Science

– Sport

Minister

 

 

LU

Luxembourg

Minister des Sports

– Sport

Minister

 

MT

Malta

Ministry for Education and Employment

 

–   Education

–   Youth

– Sport

–   Employment and training

Minister

 

MT

Malta

Parliamentary Secretary for Youth, Sport and Voluntary Organisations

Ministry for Education and Employment

 

–  Youth

–  Sport and Sport Complexes

–  Non-Governmental and

– Voluntary Organisation

 

Parliamentary Secretary for Youth, Sport and Voluntary Organisations

 

 

NL

The Netherlands

Minister for Medical Care and Sport

 

– medical care

– sport

Minister

 

 

NL

The Netherlands

State secretary for Health, Welfare and Sport

 

– prevention & lifestyle

– mental health

care and

– social support

State secretary for Health, Welfare and Sport

 

 

PL

Poland

Minister of Sport and Tourism

 

–   sport

–   tourism

Minister

 

 

PT

Portugal

Minister for Education

 

–  Education

–  Vocational education

    and training

– Youth

– Sport

Minister

 

 

PT

Portugal

Ministry of Education

 

–   Youth

–   Sport

Secretary of State for Youth and Sport

 

RO

Romania

Minister of Youth and Sport

–  Youth

–  Sport

Minister

 

 

SI

Slovenia

Ministry of Education, Science and Sport

–                 education  
(incl. higher educ.)

–                 research

–                 youth

–                 sport

Minister for Education, Science, Youth and Sport

 

SO

Slovakia

Ministry of Education, Science, Research and Sport of the Slovak Republic

–  education

– youth

–  sport

– research

– science

Minister for Education, Science, Research and Sport

 

SE

Sweden

Ministry of Health and Social Affairs

 

–   sickness insurance

–   parental insurance and

allowances to parents

–   pensions

–   health care

–  public health

–                 sports

Minister for Health and Social Affairs

 

UK

United Kingdom

Minister for Sport and Civil Society

Department for Culture, Media and Sport

 

 

Minister

 

UK

United Kingdom

Ministry for Sport and Civil Society

Department for Culture, Media and Sport

– sport

– media

Secretary of State for the Department of Culture, Media and Sport

 

 

 

 

 

 

 

EU

Commission

Education, Culture,              

Youth and Sport

Commissioner      

 

 

Commissioner

 

EU

Council

Directeur Général de la DG TREE

 

Directeur Général

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