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The Government prepares a law against intrusion in sport

Joseph Carlos Carabias

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After approving the Sports Law that replaces the previous regulation of 1990 and that, among other things, recognizes sports activity as a citizen’s right, promotes the presence of women in the sector and regulates the model of sports activities, Now the Government is preparing a new law against intrusiveness in sport that it intends to be ready before the end of this year.

The Government, through the Higher Sports Council, carries out a temperature measurement of the professions that are linked in one way or another to sport. Especially the sector of graduates in physical activity and sports sciences, whose claim for regulation in this regard has been on the CSD table for years.

Quality services

According to the Government, the reason for promoting this legislation is to provide quality services to citizens, avoid intrusion and attend to a historic claim from the sports sector. Against this position that in theory protects against intrusion, there is another vision according to which protection against intrusion is ultimately a defensive shield for those who are already there so that others will not be there. A guild attitude, in short.

In the Superior Council they communicate that they have established connections and meetings with professional associations and groups related to sports to know their claims, listen to their points of view and translate their professional practice into a law that will come into force next year if there are no major setbacks.

Some of the objectives pursued by this Government plan focus on recognition, legal certainty and access to the labor market for sports professionals. And specifically, it intends to regulate the requirements of labor access to the professions, unify criteria in sport and reduce the barriers to practicing the profession for the actors in the sector. All this linked to the need to harmonize the regional laws that already exist on the matter.

In this way the reform is exposed in the ‘Recovery, Transformation and Resilience Plan’, the Spanish strategy to channel the funds allocated by Europe to repair the damage caused by the Covid crisis: «The organization of sports professions at the state level is a historic claim by professionals in the sports sector. The lack of regulation at the state level and the creation of regulation at the regional level in some communities is generating an undesirable regulatory heterogeneity that is making it difficult for people with different educational backgrounds to exercise their profession throughout the national territory, due to the fact that the requirements of access differ…».

sports medicine

Veterans of the Higher Sports Council point out that this issue has always been considered as a possible rule, in particular due to requests from sports doctors. For a long time, these health professionals have been pursuing that their dedication be a specialty, and that in the clubs they can only work ‘sports doctors’ cataloged as such.

The Government’s plan specifies that “regulate, catalog and order the sports professions, specifying the functions and professional activities of each one of them, specifying the academic titles that are necessary to be able to exercise said professions, with the double objective of avoiding intrusiveness professional and guarantee the quality of sports services. Incorporate in the law a catalog of principles and duties of action for the exercise of the common sports professions for the entire national territory.

It is remembered in some corners of the sport that certain federations have tried to monopolize the training and collection of their coaches, for example. By controlling the stopcock, some federations guarantee control of the graduates and the income derived from their training.

Not without a certain perversity, it is remembered in broad sectors if, aside from physical trainers, physiotherapists, masseurs, nutritionists, trainers or doctors, there will also be quality control in the new law for the presidents of federations.

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