TOOn the way to preventing, clarifying and punishing violence in sport German Olympic Sports Confederation (DOSB) and Athletes Germany eV published a 285-page legal report on Tuesday. The Frankfurt law firm in charge, ASD, describes what the tasks of an independent Center for Safe Sport (ZfSS) could look like and what role it should play in the interaction with the state and sport.

Behind the energetic commitment of officials and athletes lies the “vision” of a complete legal and organizational harmonization of the fight for the benefit of those affected. At the center of the legal opinion is the development of a “Safe Sports Code” (SSC) as a “set of rules for all sports” that criminalizes physical, psychological and sexual violence, as well as discrimination, negligence and omissions on the part of sports associations.

With the implementation of the SSC, a uniform standard of conduct and a uniform procedure for sports criminal proceedings would be implemented. Among many other details, it regulated the distribution of tasks between the independent Center for Safe Sport and organized sport.

sporting freedoms

Associations and clubs remain primarily responsible for investigating and sanctioning infringements, but the ZfSS, as a service provider, like the National Anti-Doping Agency (Nada), would in principle offer to take on this work and be allowed investigate on your own. own initiative if it finds inaction. The lawyers in charge recommend that the ZfSS issue the code.

However, organized sport must apply voluntarily. Its autonomy, which is anchored in the Basic Law, grants it this freedom. When the anti-doping fight in Germany was supposed to be harmonized, it took ten years until NADA was created. This was also due to resistance from associations.

Many needed more or less gentle pressure to enshrine the anti-doping code in their statutes, not to mention a reluctance to fund NADA. However, in top-level sport, the federal government could create incentives to accept the Safe Sport Code through funding guidelines. This opportunity does not exist in popular sports, where a soccer coach was recently sentenced to a long prison sentence for abuse in almost 160 cases.

This is one of the reasons why the legal opinion lists, at first glance, all the minimal and conceivable possibilities for sport to participate in its implementation. The ZfSS would offer “support in resolving cases” to associations that do not recognize the code. “Without sport,” say lawyers, “it won't work.” Nor without the State.

In order for reports to be transmitted in a legally secure manner to the ZfSS, the legislator should create a data protection exception, as exists in the Anti-Doping Act. The legal opinion is now in the hands of the Federal Ministry of the Interior. The federal government had established the creation of the ZfSS in the coalition agreement. ASD proposes a foundation as a legal form.