Olympisms

23/8/2016

OLYMPIA WARD
Volume 10, Issue 5
Are you enjoying your Olympics? Are you cheering at every flip, jump, throw and splash? Are you accumulating an Olympic amount of catch-up reading as a result of Usain Bolt (sue him…I dare you)?

Well, have I got the solution for you! Revise your legalese interpretation skills and enjoy Channels Seven’s attempts at coverage, at the same time!
I bring you, the Olympic Charter. The Games have inspired Media commentary on sexism, discrimination, inequality and inability-to-run-an-Olympics but as law students you know better than to ponder the morality of such issues, we have something better. We have a Charter of Rules and policies directed at these very problems, we have…THE OLYMPIC CHARTER .

Let me start you off: there was this photo of two Beach Volleyball teams trumpeted as an example of the power of the Olympics to bring people of starkly different cultures and nations together.

The International Volleyball Federation stated they relaxed the rules to open up the game to women from different backgrounds (see here). The new rules grant an exception to the regular 7cm or shorter bikini bottom requirement on the basis of religious or cultural beliefs (and here)

So women can wear a hijab or a bikini. Let’s just run a quick CHARTER CHECK™.
Section 2 of the Fundamental Principles of Olympism (no…I didn’t make that up) states that ‘Olympism’ is “concerned with the preservation of human dignity.”

How do we define dignity? The ability to choose how much of your body is on display at globally televised event? Being treated equally regardless of sex or religion?

Further down the Charter you’ll find a section entitled ‘Mission and Role of the IOC’ (provision 7) stating to ‘encourage and support the promotion of women in sport at all levels and in all structures with a view to implementing the principle of equality of men and women;’.

You’ll find the male beach volleyball players enjoy the full coverage of board shorts and a singlet. It seems women must garner attention both from fans and sponsors with sex appeal rather than a killer serve.

So Volleyball uniform regulations - do they pass the CHARTER CHECK™?

How much fun are you having already? Let’s try another one.

Mack ‘the Knife’ Horton. All round legend. Blind as a bat (fun fact). Wins Australia’s first Gold Medal in Rio. Disses Chinese Swimmer. Busy guy. In case you actually were doing your readings and totally missed the controversy, Horton expressed his disappointment that Sun Yang, a member of the Chinese Olympic Swimming team, had been allowed to compete despite having failed a drug test earlier in the year.

The Chinese officials weren’t too thrilled and in return accused Horton of “bad manners”.

So not sure whether you’re #TeamMack or #TeamYang? Time for a CHARTER CHECK™.

Section 8 of the ‘Mission of the IOC’ is “to protect clean athletes and the integrity of sport”

The word here is ‘clean’. Both athletes tested clean and clear for Rio. There’s nothing in the Charter about athletes who once-tested-positive-but-now-are-really-sorry-and-it-was-probably-just-that-extra-panadol-can-I-still-come-to-the-Olympics-pretty-please.

The Charter refers sanctions for positive tests to the World Anti-Doping Code. Like the Charter, the Code doesn’t have a blanket ban on athletes who test positive.
So once a drug cheat, always a drug cheat? CHARTER CHECK™ says all* is forgiven.

Still not convinced CHARTER CHECK™ is for you? Maybe a rapid fire round of ‘Is this problem Uncomfortable or Unolympic©?’ will change your mind:
Sewage in the water at the Sailing venue?

Sections 8 and 9 of the IOC’s Mission “encourage and support a responsible concern for environmental issues” and “to encourage and support measures relating to the medical care and health of athletes”

Countries bidding to become a host city “must submit to the IOC a legally binding instrument [stating they] will comply with and respect the Olympic Charter.”, including the above provisions.

However, there is no specific requirement about the ‘quality’ of the arenas, rather this is at the discretion of the IOC.

CHARTER CHECK™ = Uncomfortable

Empty seats in the arena due to “money grubbing IOC”?

Section 10 of the IOC Mission, “oppose any political or commercial abuse of sport and athletes”

Section 2 of ‘Olympic Properties’; “The Olympic Games are the exclusive property of the IOC which owns…all rights relating to (i) the organisation, exploitation and marketing of the Olympic Games, and (iv) the broadcasting, transmission, retransmission, reproduction, display, dissemination, making available or otherwise communicating to the public, by any means now known or to be developed in the future”

…“any means now known or to be developed in the future”? even Marty McFly couldn’t find his way out of this one, the IOC own the Olympic games, ticket, media and all its glory.
CHARTER CHECK™ = Uncomfortable

#HanherGate. German Twins both competing in the women’s marathon hold hands and cross the line together, they are then broadly accused of seeking publicity and “trivialising’ the Games rather than competing in true ‘Olympic Spirit’ ()

Section 4 of the Fundamentals of Olympism “The practice of sport is a human right. Every individual must have the possibility of practising sport, without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play”

Well…it doesn’t get more “mutual” than crossing the finish line with your twin.
CHARTER CHECK™ = Uncomfortable

So remember boys and girls, you are overqualified for a morality debate when it comes to controversy at the Olympics. It’s time to upgrade your viewing from layman to lawyer with CHARTER CHECK™.

*for Sun Yang at least….for now….

Olympia Ward is a first-year JD Student

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