The International Court of Arbitration for Sport ( the 'CAS'), which sits in Lausanne, Switzerland, handed down a decision only some three days before the opening of the Olympic Games in Rio, on an appeal which had been filed by an Israeli sportswoman - Delila Hatuel, who had petitioned the Olympic Committee in Israel. The petition had been filed against a decision of the Supreme Tribunal of the Olympic Committee in Israel, which had decided that she could not participate in the Olympic Games.
The issue which lay before CAS concerned the right of the country's Olympic Committee to determine criteria, which are stricter than those laid down by the International Olympic Committee, for determining the right to participate in the Olympic Games. The sportswoman argued that from the moment that she had achieved the international criteria, she was entitled to participate in the Olympic Games and the decision not to send her but to enable a sportswoman from a different country to participate instead of her constituted unlawful discrimination and was disproportionate. It was also argued that she had not been able to meet the stricter Israeli criteria since she did not receive the requisite budget and this also constitutes unlawful discrimination.
It should be mentioned that the Olympic Committee in Israel, more than two decades ago, adopted the recommendations of the 'Levin Committee' to change the structure of sport in Israel. One of these recommendations was to set in certain branches of sport criteria which are stricter than the international ones in order to encourage achievements, instead of the mere importance of participating.
The CAS decided - in a precedential ruling - to dismiss the appeal which the sports woman had filed and found:- There is nothing to prevent the setting down of local criteria which are stricter than the international ones. On the contrary, this is a legitimate tool for achieving excellence in sport, for so long as this is done on the basis of clear and reasonable guidelines.
- The procedure for determining the criteria by the Olympic Committee in Israel was organized, fair, reasonable and appropriate.
- The CAS rejected the argument of the sportswoman that there had been unlawful discrimination on the part of the Olympic Committee towards her.
- The sportswoman did not make any exceptional achievement such that this could overcome the failure to meet the criteria which had been laid down.
- The CAS accepted the argument of the Olympic Committee in Israel that it is legitimate to accept support only athletes who are members of the Olympic teams.
- The right to a hearing does not require that the sportswoman would be heard before the General Meeting and the right to a hearing, if it was damaged at all, was cured within the legal proceedings.
The Olympic Committee was represented by Adv. Gil Atar and Adv. Hanan Arbel of Naschitz, Brandes, Amir.
Reference: CAS 2016/A/4730 Delila Hatuel v Olympic Committee of Israel |
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