Through a combination of education, clear protocols and effective sanctions, it is possible to create a safer and more respectful sporting environment for all

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Liability for damages caused to athletes by organisers and spectators

Sport, at its core, represents a celebration of human skill, competitive spirit and camaraderie. However, the competitive environment can also be the scene of reprehensible behaviour, including acts of violence and discrimination. In recent years, there has been an increased focus on the responsibility of organisers and spectators in such incidents, especially at high-profile events. A recent case that has shaken the football world is that of Vinicius Jr., a Real Madrid player, who has been the victim of racist violence from the crowd, generating an intense discussion about legal and ethical responsibilities in sport.

Legal context of liability

In Spain, liability for damages is governed by the Civil Code, which establishes in Article 1902 that "whoever by action or omission causes damage to another, through fault or negligence, is obliged to repair the damage caused". This principle also applies to the field of sport, where event organisers and spectators can be held liable for aggression or damage inflicted on sportsmen and sportswomen.

The case of vinicius jr.

The recent incident involving Vinicius Jr. during a La Liga match is a clear example of how violence and discrimination can manifest itself at sporting events. The Brazilian player was subjected to racist insults from a section of the crowd, which not only affected his performance on the pitch, but also had emotional and psychological repercussions. The reporting of this case has put the spotlight on the need for stricter and more effective measures to prevent and sanction this type of behaviour.

Responsibility of organisers

Organisers of sporting events have a duty to ensure the safety and well-being of all participants, including athletes. This involves implementing adequate security measures, training staff to handle emergency situations and creating an environment that promotes respect and inclusion. In the Vinicius Jr. case, the League and event organisers have a responsibility to investigate and take action against the perpetrators of racist acts.

In addition, organisers can be held liable for negligence if they fail to take adequate measures to prevent and respond to incidents of violence and discrimination. Spanish case law has recognised the organisers' obligation to take all reasonable precautions to avoid harm to athletes. If it is proven that there was a lack of diligence in taking these measures, the organisers could be liable for the damages suffered by the player.

Spectator liability

Spectators, for their part, also bear direct responsibility for the behaviour they exhibit during sporting events. Acts of violence, whether physical or verbal, constitute a violation of the rules of conduct and may have legal consequences. In Spain, the Law against Violence, Racism, Xenophobia and Intolerance in Sport establishes sanctions for individuals who commit acts of violence or discrimination at sporting events.

In the Vinicius Jr. case, individuals who engaged in racist insults may face criminal and civil penalties. Criminal sanctions may include fines and prison sentences, while civil sanctions may involve the obligation to compensate the athlete for damages suffered. Public denunciation and intervention by the authorities are essential to ensure that appropriate legal action is taken against the perpetrators.

Preventive measures and recommendations

In order to effectively address liability for damages in sport, it is crucial to implement a combination of preventive and punitive measures. Some recommendations include:

1. Education and awareness: training programmes and awareness-raising campaigns for players, spectators and organisers on the importance of respect and inclusion in sport.
2. Protocols for action: establishment of clear protocols for handling incidents of violence and discrimination, including training of security personnel and collaboration with law enforcement.
3. Effective sanctions: strict application of sanctions against those responsible for acts of violence and discrimination, ensuring that the consequences are proportionate to the severity of the acts.
4. International collaboration: cooperation with international sporting bodies to share best practices and develop global strategies to combat violence and discrimination in sport.

Conclusion

Liability for damages caused to athletes by organisers and spectators is an issue of growing importance in the field of sport. The Vinicius Jr. case highlights the need for more effective measures to prevent and sanction acts of violence and discrimination. Through a combination of education, clear protocols and effective sanctions, it is possible to create a safer and more respectful sporting environment for all.