Child Athletes are Children 1st and Athletes participating in Sports, Recreation and Exercise (SRE) 2nd. Child Athletes (<18) are defined and goverened by their Age of Minority, not the activity they play. Child and Youth Athletes are defined by their legal status and the “Parens Patriae Doctrine”.
The Law and Sports for Professionals and The Law and Sports for Child and Youth Athtletes are 2 totally different animals. The Laws that concern Child and Youth Athletes can be eligibility issues, human rights violations, discrimination, Title IX and constitutional issues and Child Abuse criminal violations. The laws concerning Child and Youth Athletes during Sports participation are not lumped into one legal dicipline.
“For old-school lawyers and most law professors there exists no distinct area of the law known as Sports Law. To them it is better described as Sports and the Law,” because various categories of law have long established relationships with the world of interscholastic, intercollegiate and professional athletics, sports, recreation, exercise. [Sports Law by Adam Epstein Cengage Learning, Jan 5, 2012 – Business & Economics – 468 pages]
“Sports law is an umbrella term used to describe the legal issues at work in the world of both amateur and professional sports. Sports law overlaps substantially with labor law, contract law, antitrust law, and tort law. Issues like defamation and privacy rights are also an integral aspect of sports law. The area of law was established as a separate and important entity only a few decades ago, coinciding with the rise of player-agents and increased media scrutiny of sports law topics.” [HG.org Worldwide Legal Directories]
“Sports law is an amalgam of established laws that apply to athletes and the sports they play. It is not a single legal topic with generally applicable principles. Sports law touches on a variety of matters, including contract, tort, agency, antitrust, constitutional, labor, trademark, Sex Discrimination, criminal, and tax issues. Some laws depend on the status of the athlete, some laws differ according to the sport, and some laws vary for other reasons.”
“Amateur sports can be divided into two categories: restricted and unrestricted competition. Restricted competition includes elementary school, high school, and college athletics. Sports on these levels are controlled by athletic conferences, associations, and leagues connected to schools and colleges. Athletes in restricted competition must be eligible to play. Eligibility is determined by conferences, associations, and leagues formed by the schools.
“Unrestricted competition is open to all amateur athletes, with some qualifications. The Olympics is an example of unrestricted competition. Although only a select few amateur athletes are chosen to represent the United States, any person may seek entry into this elite group by entering recognized contests in the years before the Olympiad and qualifying for tryouts.
“Whether an athlete is eligible to compete in amateur events depends on the rules of the governing conference, league, or association. Many events formerly reserved for amateurs, such as the Olympics, were opened to professionals in the 1980s and 1990s. Gymnasts, figure skaters, soccer players, track stars, and other athletes once concerned with maintaining amateur status now may enjoy the fruits of professional competitions without losing access to prestigious amateur events. Often difficult eligibility issues for amateur athletes do not concern professional status. Qualification requirements for particular events and rules prohibiting drug use are among the more challenging roadblocks. [“The laws, regulations, and judicial decisions that govern sports and athletes”, TheFreeDictionary]
Child Athletes can’t withstand treatment like Full Grown Adults when they participate in SRE. Maltreatment, Endangerment, Abuse, Negligent Supervision and Human Rights Violations of Child Athletes in SRE, as well as Children in any other venue and activity, are not only Dangerous and Harmful, but Unlawful.
The Label, Sport, does not guarantee an umbrella of Child Protection. This is particularly misleading when SRE are overseen by Athletic Leagues, Associations, Foundations, Societies and all groups. whose main objective is to Win-At-All-Costs, and whose philosophy is that all injuries secondary to participation are “just part of the games they play” and none are Preventable and Not Accidental and are caused, created and allowed to be caused and created by Problematic and Predator Coachs.
Child Athletes’ age of Minority renders them Innocent, Susceptible and Vulnerable to Problematic and/or Predator Coaches, Athletic Leagues, Associations, Foundations, Societies and all groups.
Child and Youth Athletes share a unique vulnerability and susceptibility and need special protection to promote their physical, mental, spiritual, moral, and social development. Child Protection Laws have been enacted, but they have not been properly announced, published and promulgated in SRE and are not SRE Public Policy.
Recent research has shown that excessive sports practice and pressure associated with performance sport are considered a violation of children’s rights. Some sports are considered among the ‘worst forms of child labor’ due to the dangerous nature of the sport itself. [31.]
Stereotypically “Macho Child Athletes”, who, by the way, are not “Little Macho Adults,” are Exploited and Abused by Problematic Coaches that some Problematic Parents and Sport Societies support with defective “logic” and motivation. [29.] [30.][29. Cary, P., Dotinga, R., & Comarow, A. (2004). Fixing kids’ sports. U.S. News & World Report, 136 (20), 44-53] [30. Sporting Violence: The Parents, Coaches, and Child Exploitati by David Mayeda on July 15, 2008 Bleacher Report] [31. Exploitation and Child Protection in Sport, The International Platform on Sport and Development]
Injury to the public good or public order are the basis for making unlawful certain acts or transactions. Laws are the principles of those illegalities. Public Policies are the fundamental policies on which those laws supported. [dictionary.com] Law enforcement is process of ensuring obedience to the laws. [freedictionary.com]
“In any society, governmental entities enact laws, make policies, and allocate resources. This is true at all levels. Public policy can be generally defined as a system of laws, regulatory measures, courses of action, and funding priorities concerning a given topic promulgated by a governmental entity or its representatives.”
“A major aspect of public policy is law. In a general sense, the law includes specific legislation and more broadly defined provisions of constitutional or international law.
As an example, “There are many ways that the law can influence how survivors of violence against women are treated and the types of services they receive.
Child Athlete Victims are similar to violence against any human such as women. Kilpatrick described six ways the law directly or indirectly influences the lives of victims of violence against women. The 1st two are applicable to Child Athlete Abuse Syndrome.
1. State, national, and international law provides a framework for identifying basic human rights and for defining violations of these rights.
2. The law defines behaviors proscribed by criminal and civil statutes and provides criminal and civil penalties for violations. [Definitions of Public Policy and the Law , Dean G. Kilpatrick, Ph.D. National Violence Against Women Prevention Research Center, Medical University of South Carolina]
Deterrence (Prevent, Discourage, Inhibit) is one of the main objects of Criminal and Civil Law.
“Deterrence primary goal is to discourage members of society from committing criminal acts out of fear of punishment. The most powerful deterrent would be a criminal justice system that guaranteed with certainty that all persons who broke the law would be apprehended, convicted, and punished, and would receive no personal benefit from their wrongdoing.” [freedictionary.com]
Although, that goal is not entirely possible no matter the resources at hand, Deterrence remains the most effective Deterrent for violations of Criminal and Civil Law.
Unfortunately, there remains a minority of Problematic Coaches (possibly 20% like any profession, job, occupationetc.) who create many problems and whom are at risk for litigation following abnormal coaching Behaviors.
The United States Federal Governmental enacted Child Protection Law, made Publlic Policies and Allocate Resources
known as Child Abuse Prevention and Treatment and Reauthorization Act 2010, Public Law 111-320.
Public Law 111-320, however, has not been properly announced, published and promulgated in SRE and are not SRE Public Policy. It appears that some Athletic Leagues, Associations, Foundations, Societies and groups, who over-see and regulate SRE Rules of Play, intend on becoming “Nations Unto Their Own impervious to outside interfearance and Public Laws.
The Following is a proposed additional Public Health Amendment to ‘42 USC 5101 note: ‘SEC. 3. GENERAL DEFINITIONS. Paragraph (2.) The New Language is Capitalized, in quotation marks.
‘42 USC 5101 note: ‘SEC. 3. GENERAL DEFINITIONS. Paragraph (2.)
‘‘In this Act—‘‘(1) the term ‘child’ means a person who has not attained the lesser of— ‘‘(A) the age of 18; or ‘‘(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
‘‘(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, “INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE”, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;
This amendment is an innovation by Athlete Safety 1st, as suggested in 2005 by the U.S. Surgeon General, to advocates for Child Abuse Prevention to the general public.
The winds of social change are shifting. Increasing numbers of Child Athlete Injuries and Deaths followed by litigations and Medical Doctors’ interventions, reveal that society no longer approves Cruelty to Child Athletes for the sake of SRE and Win-At-All-Cost. Risk Awareness and Change are in the best interest of both Coaches’ Risks and Child Athletes’ Safety 1st