The right to take part in sport as a segment of the right to take part in cultural life. Principi e valori dello sport olimpico a margine della decisione di riammissione degli atleti russi e bielorussi alle Olimpiadi di Parigi del 2024

Abstract

The article argues that participation in sport constitutes a specific projection of the broader fundamental right to take part in cultural life and should be interpreted and protected accordingly within the Olympic legal order. Framing the Olympic Charter as a "basic instrument of a constitutional nature" of the transnational lex sportiva, it takes the IOC's decision on the readmission of Russian and Belarusian athletes as illustrative of a general principle: Rule 6 confirms that competitions are between athletes, not States, while the UN Special Rapporteur on cultural rights reads the cultural-rights framework as precluding blanket exclusions based on nationality absent individualized wrongdoing. This "athlete-centred" ratio requires a coherent construction of political neutrality (Fundamental Principle of Olympism 5) and a calibrated application of Rule 50 that safeguard value-consistent expression (peace, non-discrimination, inclusion). The argument is tested against illustrative cases across multiple jurisdictions – inter alia, Algeria, Iran, Belarus, China – to expose recurrent enforcement gaps tied to domestic leverage over National Olympic Committees. The article closes with concise reform pointers aimed at ensuring coherent, athlete-centred, and non-discriminatory application of the Charter.