On The Right To Development In Sports

Sports and human rights are the two most significant innovations for human beings.In today’s multicultural society, sports and human rights tend to interpenetrate eachother and come into a kind of consilience, which shows that there is some stronginternal coherence as well as the common fundamental of discourses. Sport has beenaccepted generally as human rights. As peace and development have been the mostimportant goals for the society, sport human right becomes a kind of developmentright instead of freedom or society rights. Therefore, one should try to explain sportand sport rights with the point view of development. More importantly, it is needed tosummarize the development right for sports and the corresponding scientificexplanations according to the requirements of the times.1. The reality basis of development right for sports. First, the research on thedevelopment right of sport originated from the close relationship and the intrinsicconnection between sport and human rights. From the point of origin theory, bothsports and human rights come from the basic human demands no matter how complexthe relationship between them and custom, religion, and war is. From the view ofontology, sports and human rights have the same purpose to promote the people’sall-round development, and have the same subject which is human with naturalattributes and social attributes. At the same time, the subject of sports and humanrights own double attributes, universality and particularity, individuality andcommunality. The content of sports and human rights is extensive in space andintergenerational between generations. For both sports and human rights, the mostcharacteristic external representation is rule of rules, and the same human naturemakes them different in approach to the same way of the same intent.2. The doctrinal basis of development right for sports. An important fundamentalfor the research on the sport development right is Marx’s theory on the all-arounddevelopment of human being. The other theories including the modernization theory,dependency theory, world system theory, and theory of sustainable development, are the main research subjects in this area. And the related theories for sport are the directsupport for this research.3. The fundamental basis of development right for sports. Sports DevelopmentRight is a new human right for all the individuals and collectivities to participate ingym process, promote sports development, and enjoy the sports achievement, withequal opportunity and interest sharing as the theoretical basis, the humanistic pe spiritof promoting people’s all-round development as the essence value. As the derivedright of the right to development, Sports Development Right can depict the keys andspirits of the sports law, guiding the modern sports to a new direction. When itsconstitutive elements are discussed, Sports Development Right is first of all acollective human right based on subject, an organic unity of matter, behavior andspirit based on object and a generalization of different sports development rightsbased on content. Due to the imbalance of resources allocation, subjectiveparticipation and regional development, the conversion from abstraction toconcreteness, from obligation to duty, from lower-level law to higher-level law, fromprofessionalism to equalization, from public-private law to policy balance isnecessary for the design of legal safeguard mechanism in Sports Development Right.In details, the development rights of sport is not only for the mass sport but alsofor the competitive sport. For the former, the sport development right is for children,female, disables, etc. In contrast, for the competitive sport, it is mainly for athletes,including the right of life and health, the equal right to participate, the right toeducation and labor rights.