Legal Mechanisms for Eliminating Discrimination Against Women in Executive Boards of Sports Federations

Abstract

The question of gender parity in sports governance gained traction following provisions in international treaties on non-discrimination of persons. Sports governing bodies have been whipped into following suit. The Constitution of Kenya, 2010, also forbids discrimination. Despite global commitments by international sports bodies to gender equality, women remain underrepresented in leadership roles. Numerous studies have reported this phenomenon. This study investigated the persistent underrepresentation of women in leadership roles within international, regional/African, and national sports governance structures, with a focus on identifying the legal and institutional mechanisms that enable or obstruct gender equality. This study relied on feminist jurisprudence as the underlying theory. This research employed a doctrinal methodology to evaluate and analyze various laws and journal articles. Content analysis and descriptive statistics were applied to the data. Purposive sampling was used to select a total of 63 sports federations out of 360 (17.5%). Out of these, only 15 (23.8%) sports federations have a gender representation of at least one-third, with some, such as the International Cricket Council, recording 0%. Only four (19%) of the national sports bodies studied are compliant with constitutional provisions. Most of the sports bodies do not have specific quotas for achieving gender parity. The hierarchical structure of sports bodies often promotes ‘oligarchy’. It is recommended that enforceable gender parity clauses providing for a minimum quota of 40% be built into the constitutions/statutes of all sports bodies at all levels.