By John T. Wendt, J.D., M.A., Professor Emeritus, Ethics and Business Law – University of St. Thomas
Vinicius Paixao de Oliveira Junior (“Vinicius Jr.”) is a 23-year-old soccer star from São Gonçalo, Brazil who plays for Real Madrid.[1] He is considered to be one of the best players in the world.[2] For some reason, especially this year he has been the target of racial abuse. Prior to May 20, 2023, there were eight different times where abuses have been documented at several stadia in Spain. Even an effigy of him was hung from a bridge in Madrid by Atletico Madrid fans.[3]
On Sunday, May 21, 2023, Vinicius was again the target of abuse. About midway through the second half, Vinicius stood behind the goal pointing to one of the Valencia fans saying that the fan was abusing him. The referee spoke to stadium officials who warned fans over the public address system, which is in line with UEFA’s anti-racism protocol. Later in the game Vinicius was sent off after clashing Valencia goalie Giorgi Mamardashvili and striker Hugo Duro. To make matters worse, while the Video Assistant Referee (VAR) showed Vinicius striking Duro, the VAR failed to show to the referee Duro putting Vinicius in a headlock just before the altercation.[4] Subsequently Vinicius’ red card was overturned, the VAR was suspended,seven fans were detained by police pending an investigation, and Valencia hit with close to a $50,000 fine and a partial stadium closure for five games.
Real Madrid coach Carlo Ancelotti said, “The fact I thought about taking him off because of the racist atmosphere does not seem good to me…What has happened today has happened before, but not like that, it’s unacceptable.”[5] Ancelotti also said, “The Spanish league has a problem, and Vinicius is not the problem. Vinicius is the victim. There’s a very serious problem…”[6]
It has happened before and on many occasions. On September 19, 2022, Atlético fans chanted, “You are a monkey, Vinícius, you are a monkey,” and reportedly the local Madrid prosecutor did not pursue the matter because the chants were seen to be in the “context of other ‘unpleasant and disrespectful’ chants during a ‘football match of maximum rivalry.’”[7] In December 2022 Valladolid fans hurled insults and objects to the point where the Real Madrid removed Vinicius from the game. In January 2023, an effigy of Vinicius with his number was hung over a bridge near Real Madrid’s training grounds resulting in arrests. In February 2023 Mallorca fans were filmed chanting racist slurs, but authorities could not identify them.[8]
But again, there is a dispute as to how to handle this racist abuse. LaLiga, the top division where the best teams of Spain compete, claims it does not have the same disciplinary powers as the Premier League and English Football Association (FA). The Spanish Players’ Union (AFE) considers this abuse to be hate crime, saying, “So it is the State, the Justice and the Security Forces [police and Civil Guard] who must investigate and act immediately in the face of this type of event…Then, within the sports field, there is a disciplinary code that also contemplates possible sanctions for this type of conduct. We want to insist that what happened with Vinícius is a hate crime, which is criminally prosecuted.”[9] Real Madrid asked authorities to investigate believing it to be a hate crime, “Real Madrid strongly condemns the events that took place yesterday (Sunday) against our player…These events represent a direct attack on the social and democratic model of coexistence of our State based on the rule of law.”[10]
There have been racist events in soccer before but they seem to be on the rise in Spanish stadia.[11] Luis Rubiales, president of Spain’s soccer federation acknowledged they have a racism problem, “We have a problem of behaviour, of education, of racism…And as long as there is one fan or one group of fans making insults based on someone’s sexual orientation or skin color or belief, then we have a serious problem. A serious problem that stains an entire team, an entire fan base and an entire country.”[12] While, as mentioned, there have been fines and stadia closures, there may be an upcoming landmark case involving an Espanol fan accused of racially abusing Athletic Bilbao’s forward Inaki Williams and violating the player’s “fundamental rights and liberty, rhetoric against racism and spiritual integrity.”[13] If found guilty the fan could receive up to a two year jail sentence and a five-year ban from soccer stadia. Real Madrid coach Carlo Ancelotti said, “I’m curious to see what happens…Nothing will happen, because this has already taken place several times in other stadiums and nothing has been done. Nothing. We have to evaluate this situation, because it is very serious.”[14]
After the May 21, 2023, game Vinicius said, “It wasn’t the first time, nor the second, nor the third. Racism is normal in La Liga. The competition thinks it’s normal, the Federation does too and the opponents encourage it. I’m so sorry. The league that once belonged to Ronaldinho, Ronaldo, Cristiano and Messi today belongs to racists. A beautiful nation, which welcomed me and which I love, but which agreed to export the image of a racist country to the world. I’m sorry for the Spaniards who don’t agree, but today, in Brazil, Spain is known as a country of racists. And unfortunately, for everything that happens each week, I have no defense. I agree. But I am strong and I will go to the end against racists. Even if far from here.”[15]
Support for Vinicius has been strong, especially in his home country Brazil. On Monday, May 22, 2023, the lights on Rio’s famous Christ the Redeemer statue were turned off for one hour in support of Vinicius. The Archdiocesan Sanctuary, which maintains the monument, said “The lighting of the monument will be switched off as a symbol of the collective fight against racism and in solidarity with the player and all those who suffer prejudice around the world.”[16] Support also came from the soccer community. France forward Kylian Mbappé said, “You’re not alone…We are with you, and we support you.”[17] FIFA president Gianni Infantino said, “Full solidarity to Vinicius…There is no place for racism in football or in society, and FIFA stands by all players who have found themselves in such a situation. Events during the match between Valencia and Real Madrid show that this needs to be the case.”[18] And as a gesture of goodwill Spain and Brazil will play a friendly game in 2024 under the theme “We are all alike.”[19]
Yet, the abuse still continued. On June 17, 2023, in a friendly game with Guinea, for the first time ever, the Brazilian National Team wore black uniforms on the pitch as a symbolic stand against racism. Yet even at that game there was a complaint filed because allegedly a member of the stadium staff displayed and gave a banana to Felipe Silveira, one of Vinicius Jr.’s representatives and long-term friend.[20]
And even with the support there have been some reactions that either blame the victim or deny the problem. While covering the Valencia-Real Madrid game LaLiga TV commentator Toni Padilla told viewers on air, “We should stand against racism always but we should also say that Vini Jr is not an angel, he’s not perfect. Sometimes he provokes the other teams.”[21] And later after the match, Villarreal goalkeeper Pepe Reina said, “I see that sometimes it’s not just racism, it’s not that a fan is racist or not, but rather that they take it out on a specific player, because he can talk too much at one point.”[22]
As a possible solution Javier Tebas, La Liga president, claims “The federation and La Liga are two different entities. We don’t have the authority to expel people from the stadiums; they do. We would take action if we had more authority to sanction and punish offenders. We would close the stadiums, ban the fans, but we only have responsibility from outside the stadium. We have filed grievances about racism that ended in just fines. I hope that we can be given the authority to take action. Because I think if we had the authority to take measures, we would end racism in the stadiums within months.”[23]
Spanish soccer is not alone in this problem. The Premier League is also tackling this issue with their “No Room For Racism” Action Plan which encourage all stakeholders to challenge discrimination, report it and change it on and off the pitch.[24] Locally, US Soccer has “One Nation – United Against Racism.”[25] But, it is a continual challenge.
Perhaps it would help if we remembered Nelson Mandela’s words, “Sport has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does. It speaks to youth in a language they understand. Sport can create hope where once there was only despair. It is more powerful than governments in breaking down racial barriers. It laughs in the face of all types of discrimination.”[26]
[1] Real Madrid CF, Vinicius Jr., Real Madrid C.F. – Web Oficial (2023), https://www.realmadrid.com/en/football/squad/vinicius-paixao-de-oliveira-junior- (last visited May 21, 2023).
[2] Matias Grez, Vinícius Jr. is being racially abused during LaLiga matches. Why is nobody being punished?, CNN (2023), https://www.cnn.com/2023/03/15/football/vinicius-jr-racism-in-spanish-football-spt-intl/index.html (last visited May 21, 2023).
[3] Rik Sharma, “Vinicius Is Victim”: Ancelotti Blasts Spanish League’s “Problem” With Racism, (2023), https://www.barrons.com/news/vinicius-is-victim-ancelotti-blasts-spanish-league-s-problem-with-racism-2de0e618 (last visited May 21, 2023).
[4] Alex Kirkland & Moises Llorens, Spanish FA stand down VAR official over Vinicius Junior red card – sources, ESPN.com (2023), https://www.espn.com/soccer/story/_/id/37712358/spanish-fa-stand-var-official-vinicius-junior-red-card-sources (last visited Jun 23, 2023).
[5] Sharma, supra note 3.
[6] Id.
[7] Grez, supra note 2.
[8] Feargal Brennan, Timeline of Vinicius Jr racism incidents as Real Madrid star targeted by racial abuse in Spain’s La Liga, (2023), https://www.sportingnews.com/us/soccer/news/vinicius-jr-racism-abuse-timeline-spain-la-liga-stadiums/rtwdecsulr0ealcyt14umt4v (last visited Jun 25, 2023).
[9] Grez, supra note 2.
[10] Associated Press, After abuse against Vinícius Júnior, Spanish soccer acknowledges it has a racism problem, EL PAÍS English (2023), https://english.elpais.com/sports/2023-05-22/after-abuse-against-vinicius-junior-spanish-soccer-acknowledges-it-has-a-racism-problem.html (last visited May 31, 2023).
[11] Laura Llach, “Racism is normal”: Is Spain’s LaLiga football league racist?, euronews (2023), https://www.euronews.com/2023/06/01/racism-is-normal-in-laliga-is-the-spanish-football-league-racist (last visited Jun 25, 2023).
[12] Tales Azzoni, Spanish soccer acknowledges it has a racism problem after abuse against Vinicius Junior | CBC Sports, CBC (2023), https://www.cbc.ca/sports/soccer/spanish-soccer-racism-problem-vinicius-jr-1.6851321 (last visited Jun 25, 2023).
[13] Ayoola Kelechi, Racist fan faces up to two years in prison for Inaki Williams attack, Pulse Sports Nigeria (2023), https://www.pulsesports.ng/football/story/racist-fan-faces-up-to-two-years-in-prison-for-inaki-williams-attack-2023011521354786256 (last visited Jun 25, 2023).
[14] Azzoni, supra note 12.
[15] Jonathan Johnson, Vinicius Junior faces “monkey” chants before seeing red card in chaotic clash as Real Madrid lose to Valencia, CBSSports.com (2023), https://www.cbssports.com/soccer/news/vinicius-junior-faces-monkey-chants-before-seeing-red-card-in-chaotic-clash-as-real-madrid-lose-to-valencia/ (last visited May 21, 2023).
[16] BBC Sport, Tebas comments make my blood boil – Richards, BBC Sport, May 23, 2023, https://www.bbc.com/sport/football/65678382 (last visited May 31, 2023).
[17] Azzoni, supra note 12.
[18] Id.
[19] ESPN, Spain, Brazil plan ’24 friendly to combat racism, ESPN.com (2023), https://www.espn.com/soccer/story/_/id/37800829/spain-brazil-plan-march-2024-friendly-combat-racism (last visited Jun 25, 2023).
[20] Mario Cortegana, Police investigate after Vinicius Jr’s friend is victim of alleged racism at Brazil match, The Athletic (2023), https://theathletic.com/4619386/2023/06/20/vinicius-junior-racist-incident-brazil/ (last visited Jun 24, 2023).
[21] Gabriel Leão, To tackle racism in football Spain needs to face its history, (2023), https://www.aljazeera.com/opinions/2023/6/21/to-tackle-racism-in-football-spain-needs-to-face-its-history (last visited Jun 25, 2023).
[22] Id.
[23] Alasdair Mackenzie, Vinicius Junior: Javier Tebas insists “intent was not to attack” with tweet, claims league could end racism “in months,” Eurosport (2023), https://www.eurosport.com/football/liga/2022-2023/vinicius-junior-javier-tebas-insists-intent-was-not-to-attack-with-tweet-claims-league-could-end-rac_sto9621760/story.shtml (last visited May 31, 2023).
[24] Premier League, No Room For Racism, (2023), https://www.premierleague.com/footballandcommunity/NoRoomForRacism (last visited Jun 25, 2023).
[25] US Soccer, United Against Racism, (2023), https://www.ussoccer.com/unitedagainstracism (last visited Jun 26, 2023).
[26] Nelson Mandela, Celebrating the legacy of our patron on Mandela Day, Laureus (2019), https://www.laureus.com/news/celebrating-the-legacy-of-a-hero-on-mandela-day (last visited Jun 25, 2023).
