SAFEGUARDING IN FRENCH SPORT
As noted in a previous NEWS item on the website, safeguarding in sport is of increasing importance with many instances of exposure of sportspersons to a variety of unsafe situations and conditions in their sports that have come to light in recent times.
Safeguarding may be defined as the provision of a safe environment in which sportspersons, especially children and young persons, are able to train and practise their sports.
In other words, without being subject to any kind of physical, including sexual, or psychological abuse, including bullying, by coaches, officials or, indeed, by their fellow sportspersons.
Certain sports seem to be predisposed to such behaviour, and these include gymnastics and swimming.
In France, in 2021, reportedly more than 400 adults were involved in the abuse or cover-up of abuse of young sportspersons.
It is perhaps surprising, therefore, that, in France, there is no specific safeguarding legal system in place for sport. Instead, in France, sportspersons must rely on the French child legal protection system.
France has a long history of laws passed to protect children, including the Penal Code, which punishes abuse of and violence against children.
Also, to provide better protection for children, a new law was passed in France on 8 March 2024, aimed at strengthening the protection of minors and ensuring integrity in sports. Under the new Article L212-9 of the French Sports Code, annual integrity checks (contrôle d’honorabilité) are now mandatory for all professionals and volunteers working in sports organisations as sports educators, operators of physical and sports activity facilities, judges, and referees. The same Article also introduces a ban on practising for individuals who have been convicted abroad of offences that would result in such a ban in France.
Additionally, pursuant to Article L322-4 of the French Sports Code, any risky behaviour observed within a club must be reported to state authorities by the club’s management. Failure to comply with this reporting obligation is punishable by up to one year’s imprisonment and a fine of €15,000 (around Sw. Frs. 14,080).
France also has several child protection agencies, including the National Observatory of Children in Danger (ONED), as well as the National Help Line for Children in Danger (SNATED). The latter is a telephone service offering assistance, advice, and information to anyone concerned about a child’s safety.
Apart from these provisions, there are a number of organisations promoting safe sport. These include the Council of Europe, which has introduced certain schemes, such as Child Safeguarding in Sport and Pro Safe Sport.
Also, the French National Olympic Committee has a Director, who coordinates raising awareness and the prevention of abuse of children in sport.
Other measures that can be taken include background and criminal record checks on coaches and trainers to bring to light any previous cases of abuse and maltreatment by them of child and young sportspersons.
We advise sportspersons and sports organisations on all aspects of safeguarding in sport in France and further information, advice and legal representation is available from Dr Estelle Ivanova, the Head of our French Law Practice Group by emailing her at ‘ivanova@valloni.ch’.