Panel: SPORT AND RELIGION IN THE GLOBAL ARENA: NEUTRALITY, FUNDAMENTAL RIGHTS, AND THE GOVERNANCE OF DIVERSITY



910.6 - ATHLETES' RELIGIOUS FREEDOM AND THE SPORT SYSTEM. LEGAL ASPECTS OF A CHANGING IDENTITY

AUTHORS:
Rea F.S. (Università degli Studi di Napoli "Federico II" ~ Napoli ~ Italy)
Text:
The paper examines the athlete's freedom of religion as an individual legal entitlement capable of significantly affecting both the sports employment relationship and the concrete conditions under which competitive activity is performed. Religious affiliation does not remain confined to the internal forum of personal conscience, but manifests itself through a range of external practices that may interact with the regulatory framework of sport, including dress codes, symbolic expression in public spaces, observance of ritual obligations, and patterns of conduct both during and beyond competition. From this perspective, recent developments in top-level professional football provide a revealing context in which the manifestation of religious convictions by athletes has intersected with institutional initiatives aimed at promoting specific ethical or social values within sport. In one set of circumstances, the positive expression of religious belief through the addition of a personal symbolic message to an officially prescribed sign has been treated as incompatible with the principle of neutrality governing sporting competitions, leading to regulatory intervention grounded in the prohibition of political or religious expression. In a different scenario, the refusal to display a symbol perceived as conflicting with an athlete's religious convictions has been accommodated through organizational adjustments, allowing continued participation without disciplinary consequences and through the adoption of value-neutral alternatives. These divergent regulatory responses seems to reveal an inconsistent legal treatment of religious manifestations in sport and call into question their compatibility with the principles of equality and non-discrimination, particularly where they lead to differentiated restrictions on athletes' religious freedom.