Zyberi believes Jacobsen made a “good and principled statement” when she advocated that athletes should not be able to be discriminated against on the basis of passports. First, she advocated for it in a meeting with the International Olympic Committee (IOC). She then elaborated on her statements to news: – If sport is to continue to be neutral and have a zero tolerance against discrimination, you cannot ban athletes because of Russian passports. There is also a violation of human rights, Jacobsen said last week. The law professor believes she is right in her statement. – All persons, without exception, have the right to freedom from discrimination. Sports bodies have also assumed responsibility for respecting international standards and prohibiting discrimination in sport, says Zyberi to news. He is employed by the Norwegian Center for Human Rights. The department is affiliated with the University of Oslo. He emphasizes that he is speaking as a private person. Refers to the Olympic Charter Jacobsen repeated the message about human rights when she sent out an e-mail to the athletes following the first media reports. “Sport has zero tolerance for discrimination. It also includes collective punishment of a group of people, based on ethnicity or passport. This is in line with UN human rights. We cannot forget that in this case,” wrote Jacobsen. – The fourth fundamental principle of the Olympic movement indicates that “the practice of sport is a human right. Every individual must have the opportunity to practice sport, without discrimination of any kind and in the Olympic spirit. It requires mutual understanding with a spirit of friendship, solidarity and fair play”, says Zyberi and continues: – The sixth principle further states that the enjoyment of the rights and freedoms laid down in the charter must be ensured for everyone, without discrimination of any kind, he says. Countering: – Hopeless claim Hans Fredrik Marthinussen is a law professor at the University of Bergen. Marthiniussen believes that it is taking it too far to claim that it contravenes human rights. He is an active social debater and researches primarily on property law. – I think it is a hopeless claim that there should be a violation of human rights. Discrimination on the basis of passports takes place all over the world every day. It is not close to some kind of human rights violation, says Marthinussen to news. – Here we are so far away that it would be a ridiculous claim, he says. LAW PROFESSOR: Hans Fredrik Marthinussen. Photo: Synne Lykkebø Hafsaas / news Nor did law professor Trond Solvang follow Jacobsen’s argument. He particularly reacted to the term “collective punishment”. He told news at the weekend that the argument had “logical flaws”. Solvang further pointed out that the Russian Football Federation lost the case against the International Football Association (Fifa) in the Court of Arbitration for Sport (Cas) when they were banned from the World Cup. SPORTS LAWYER: Trond Solvang. It is a matter Zyberi does not necessarily think is relevant. – It is another matter to have a general exclusion of athletes from Russia because of their passport. I can’t see how the judgment of Cas can be used across the board, he says. Believes it could create serious difficulties Half a year ago, two of the UN’s special rapporteurs sent letters to the IOC. There they expressed concern about how Russian and Belarusian athletes were denied access to competitions. – If the UN believes the IOC is acting in violation of human rights – what is the next step? – A total ban is contrary to human rights and the principle of non-discrimination. This is what Jacobsen has said, no more and no less. And she is absolutely right to point that out, Zyberi believes. – If the IOC does not change its position, the special rapporteur for cultural rights and against racism can publish his position against the IOC. It is something that will create serious difficulties for the IOC, he says. He adds that it could potentially include Norway if they land on a position that advocates a total ban on Russian athletes: – The countries will have to answer these questions and may be asked by the committees to take steps to change their position. Norway’s Minister of Culture and Equality, Anette Trettebergstuen, says that they support the clear position taken by the Norwegian Sports Confederation. They believe it is too early to discuss Russian participation in international sports. – It is unacceptable to open up Russian sports participation internationally now, she says. AGREE: Anette Trettebergstuen and sports president Berit Kjøll. Photo: Stian Lysberg Solum / NTB
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Professor defends Jacobsen argument – the claim is dismissed as hopeless – news Sport – Sports news, results and broadcast schedule
