Evolution
To understand how the legal revolution of sport has been and its transformation into an essential universal right for human development from educational centers, we must review the history that is divided into two stages.
With the Greek civilization, the cradle of our culture, sport appears in its purest form, accompanying the awareness of all the benefits it offers for the formation of man.
Given the importance they gave to physical activities, the Greeks created the Olympic Games, which were held every four years, during the twelfth century, in the year 884 BC. In this context, England has the merit of having offered the world the most of the sports that are known today.
However, the discovery was not a discovery of the English educators, their great contribution was to promote sport in the educational system, preparing it to channel the most productive paths. In addition, the new social demands.
To get an idea of ​​how sport has evolved in 1881, the Minister of Public Works in Spain, Jose Luis Albareda, spoke at the Congress of Deputies on the occasion of a proposal for a law for the implementation of gymnastics as compulsory discipline in secondary schools, and had to apologize for using the English word sport, for not having found the equivalent term in Spanish.
All this development and consolidation of sports in the world today, start from the first modern Olympics held in Athens in 1896. The idea came from the man of Pierre de Coubertin, considered the father of Modern Olympism, who from a very young age was obsessed with reforming the system French educational system and discovered the benefits of English pedagogy in which sport played a leading role.
From that moment on, it began to spread throughout the world as a vital means for the training of our adolescents and young people, and the famous phrase “healthy body and healthy mind” became popular. Likewise, the first declaration of the universal right of sport arises, by the father of Olympism “sport for all”, due to its relevance for the integral formation of the human being. Well, sport has been considered one of the most important sociocultural, economic and legal phenomena of the 20th century.
The beginning of Sport as a legal phenomenon
Evidently, the organizations of world weight that have understood the importance of sport for human development have declared it an inalienable right of humanity. The United Nations Organization for education, science and culture (UNESCO) in the Charter of Physical Education, Physical Activity and Sport approved in 1978, proclaimed sport a fundamental right.
The Treaty on the Functioning of the European Union in its twelfth title on education, vocational training, youth and sport in its Article 165 establishes that the union will contribute to promoting the European aspects of sport, taking into account its specific characteristics, its structures based in volunteering, its social and educational role. Confirmed in this way, by the European Charter that declares the right to practice sport approved by the Council of the Minister of Sports in 1975.
The International Olympic Committee, one of the most powerful entities on the planet, owed a debt to the founding father of Modern Olympism; that he reformed the French educational system on the pillars of Physical Education and sport.
On June 15, 1995; the formulation of the 8th fundamental principle of the Olympic Charter during the adopted modification of the edition of the same; and ratified in June 1996, by the 105th session of the International Olympic Committee, in Atlanta, United States, it was proclaimed “The practice of sport is a human right”. Every person has the right to practice sports, according to his needs. In that same order, it is found in the Olympic Charter in the fundamental principles of Olympism; in its number 4.
We can see how the process and transformation has been in the legal order influenced by globalization, where each country has adopted and has assumed in the different constitutions sport as a fundamental right, in search of a human, harmonious and integral development.
Each nation has a vision of what should be the scope that it intends to achieve with the sport established in its Magna Carta, from there, undertake public policies in accordance with the interest pursued by each State in pursuit of collective well-being.
Sport has had an accelerated evolutionary process and has become an economic industry, where television and social networks have promoted it, ceasing to be that romantic physical activity of the past and, with the need for a legal framework that seeks the peaceful coexistence between the actors of the sports system.