FIFA Transfer Sisteminde Çocuk Haklarının Korunması

Abstract

The protection of minors is an important legal and social issue which concerns all stakeholders. Recently, the high mobility level of minors within the football industry has raised questions about their welfare and rights. Particularly, the exposure of young players to emotional and physical harm, financial exploitation, and human trafficking through engaging with football are the most crucial subjects in this field. This fact has been motivated international, regional and national football authorities like the Federation Internationale de Football Association (FIFA) and the Union of European Football Associations (UEFA) to develop a necessary legal framework for the protection of children. International agreements such as the United Nations Convention on the Rights of the Child and the national legislations of the States that are parties to these agreements have not been adequate to provide child athletes with enough protection from emotional and physical harm, economical exploitation and human trafficking. With a view to protecting minors from the detrimental impacts of such practices, FIFA, together with other stakeholders in football, has developed and implemented strict regulations for international transfers. Originally adopted and introduced in 2001, the Regulations on the Status and Transfer of Players (RSTP) that govern the international transfer of minors, went through modifications in 2005, 2009, and 2015 to expand its scope to improve the protection given to young players. In this paper the protection of child rights shall be considered and reviewed under the FIFA and UEFA rules and regulations in the light of the CAS decisions. This is because the CAS has been an integral part of this regulatory regime for not only being a supreme arbitral authority resolving disputes related to the violations of the framework by football stakeholders but for also clarifying its practical operation through its jurisprudence by examining and interpreting its specific provisions.