International Sports Lawyer Discusses How ‘Women in Sports Law Promote Fairness and Justice on and off the Field’

Apr 19, 2024

(Editor’s Note: The following was shared by the UN Office on Drugs and Crime)

Despite vast advances in gender equality within the sporting sector, it still remains a male-dominated arena. From athletes to criminal justice authorities, the involvement of women in sports promotes good governance and justice.

The UN Office on Drugs and Crime’s (UNODC) Programme on Safeguarding Sport from Corruption and Economic Crime works with female leaders to inspire future generations of women to pursue careers in sports law, challenge gender stereotypes, and promote integrity on and off the field.

Martina Spreitzer-Kropiunik, Judge and Vice-President of the Vienna Criminal Court, discussed with UNODC the challenges of prosecuting manipulation of competitions while emphasizing the key role women play in this endeavour.

Question: What do you believe are the primary responsibilities of judges in ensuring fairness and integrity in sports? 

Answer: The primary responsibilities of judges include impartially interpreting and applying the rules, conducting hearings in an unbiased manner, weighing evidence and delivering fair and just decisions. In safeguarding matters [i.e., prosecuting the manipulation of competitions], judges play a critical role in protecting the well-being and rights of individuals involved, particularly minors and vulnerable. 

Q: Who are the main victims of crimes related to competition manipulation?

A: This is a good question, because there are multiple possible victims:

Organizers of sport events invest significant resources into competitions, and their success depends on maintaining the integrity and credibility of the competitions. When the integrity of a sporting event is compromised, it can result in legal liabilities.

Sponsors suffer financial losses if the credibility of the event is called into question, leading to reduced brand loyalty and trust, as well as public backlash or criticism.

Athletes may be coerced or bribed to underperform or manipulate the outcome of a game or match, leading to financial losses, damage to their reputation, or even physical harm if they refuse to comply. Coaches and officials may also be targeted or pressured to participate in or turn a blind eye to such activities.

Fans, spectators and those who place bets based on the assumption of fair competition or invest emotionally in the integrity of sports competitions can suffer losses and disillusionment when results are manipulated. 

Betting companies can also be damaged by distorted betting patterns that differ from what was expected based on legitimate factors, such as team strength, player performance, and historical data. This undermines the integrity of the betting process and erodes trust in the sports industry.

And finally, society as a whole. The economic and social impact of compromised sports competitions can affect industries such as tourism, entertainment, and media, which rely on the integrity and popularity of sports for their success. If competition manipulation leads to money laundering, this poses a multifaceted threat, with potential victims being financial institutions and regulatory bodies.

Therefore, safeguarding the integrity of sports is crucial for maintaining societal trust and preserving the positive influence of sports on communities.

Q: In your experience, what are the challenges involved in successfully prosecuting corruption in sports, specifically competition manipulation?

A: A solid, well thought-out and strategically prepared prosecution is the key to a possible conviction. Prosecutors have to raise the level of understanding of the judge or tribunal. In order to do this, they might use the MPRC (manipulated performance, reward and communication) approach, explained in detail in the recently launched UNODC – IOC Practical Guide to the Prosecution of Cases of Competition Manipulation .

Q: What do women bring to the table when they get involved in the legal aspect of combating corruption in sports, and what strategies can be implemented to increase female involvement in these efforts?

A: Sports law in particular is still dominated by men, which is why it is fundamentally important to increase the proportion of women, especially in decision-making bodies. This can help ensure diversity and representation on the bench, which is crucial for fair and impartial decision-making. It can also serve as a means to challenge systemic biases and stereotypes within the legal system, ultimately promoting equality and justice for all individuals regardless of gender.

Practice has shown that the introduction of a mandatory women’s quota increases the proportion of women. And as soon as there are women who are also seen as role models, other women are attracted to work in this area. We women also have to learn to use the same techniques and networks that men have employed for centuries to support each other and bring each other forward.

Learn more about UNODC’s campaign Women In / For Justice

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