Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/2628

Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Elite Athletes and Disability Discrimination
Authors: McArdle, David
Contact Email: d.a.mcardle@stir.ac.uk
Keywords: disability discrimination
arbitration
United States
sport
Issue Date: 2009
Publisher: Department of Law, University College of Wales
Citation: McArdle D (2009) Elite Athletes and Disability Discrimination, Cambrian Law Review, 40, pp. 49-62.
Abstract: This paper considers the Supreme Court judgment in PGA Tour v Casey Martin and the ruling of the Court of Arbitration for Sport in Oscar Pistorius v International Association of Athletics Federations. It explores the implications of those decisions for elite athletes with disabilities who wish to participate in ‘mainstream’, non-disabled sport. The paper considers those rulings in the context of Article 30.5 of the Disabilities Convention and concludes that, while both decisions clearly represented successful outcomes for the individual athletes, they are of limited relevance to elite disabled athletes more generally. The language of Article 30.5 does not commit ratifying states to anything more radical than an ‘individualised assessment’ of the kind that should have occurred in PGA Tour, while Oscar Pistorius reveals far more about procedural incompetence on the part of the IAAF than it does about disability discrimination. That said, the Convention’s provisions on compliance monitoring are potentially very significant for all athletes with disabilities, and for that reason the implications of those two judgments have much to offer disability lobbyists and compliance monitoring groups who wish to explore what Article 30.5 may have
Type: Journal Article
URI: http://hdl.handle.net/1893/2628
URL: http://www.aber.ac.uk/en/law-criminology/research/clr/
Rights: The publisher has not responded to our queries therefore this work cannot be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author; you can only request a copy if you wish to use this work for your own research or private study.
Affiliation: Law

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