THE LEGAL PROTECTION OF MINORS IN SPORT IN SWITZERLAND

The legal protection of minors (that is, persons under the age of 18 years old) in sport in Switzerland is centred on safety, combating abuse, and upholding ethical standards through Swiss Sport Integrity.

This is an independent body, which is responsible for enforcing the Swiss Olympic Ethics Statute, the latest version of which entered into legal effect on 1 January 2025.

This measure, which was triggered by reports of abuse in gymnastics, mandates reporting, investigation of misconduct, including both psychological and physical harm, and strict adherence to the UN Convention on the Rights of the Child, which was signed by 196 countries and became effective as of 12 July 2022.

The key elements of this legal protection include:

• Swiss Sport Integrity: This body acts as the central reporting office for ethical breaches, including bullying, harassment, and abuse.
• The Swiss Olympic Ethics Statute: This is mandatory for all Swiss Olympic-affiliated federations, and defines and prohibits mistreatment, neglect, and abuse of young athletes.
• Disciplinary Action: Investigations are carried out by independent bodies like the Swiss Sports Tribunal which came into operation on 1 July 2024.
• Legal Basis: Article 19 of the Federal Act on the Promotion of Sport and Exercise of 17 June 2011 provides the legal foundation for these activities.
• Specific Protections: Rules exist to prevent the excessive training loads, particularly for young, elite, or residential athletes.

Despite these legal measures, it is fair to say that young athletes in Switzerland are not yet fully protected legally from psychological and physical abuse. In other words, these measures may be regarded as ‘work in progress’.

We advise on all aspects of the legal protection of minors in sport in Switzerland and further information is available from Dr Lucien Valloni and Kim Gamboni by emailing them at valloni@valloni.ch and gamboni@valloni.ch respectively.