SWITZERLAND Trends and Developments Contributed by: Michele Bernasconi, Emanuel Cortada and Jonáš Gürtler, Bär & Karrer
indicates a growing willingness of the ECJ to entertain such challenges and to actively inter - vene in the regulatory frameworks established by sports associations. With regard to policies for transgender ath - letes, the debate centres on striking a balance between protecting the integrity of female sports and ensuring inclusivity. Consequently, sports associations continue to refine their policies based on emerging scientific evidence, to main - tain fairness and prevent discrimination. Given the inherent differences across various sports, a one-size-fits-all approach to transgender policies is neither feasible nor fair. Each sport presents unique challenges and demands. Therefore, it is imperative that policies be tai - lored to the specificities of each sport, taking into account factors such as competitive bal - ance, safety and inclusion. By recognising the distinct nature of each sport, governing bodies can develop nuanced regulations that respect the integrity thereof while ensuring that all ath - letes are treated with dignity and fairness. Other Recent Topics On a commercial level, the trend of enhancing fan engagement has persisted. For instance, an increasing number of sports associations are selling collectibles to their supporters. Addition - ally, various sports clubs are exploring the world of esports, recognising its significant market potential, particularly among the younger gen - eration. Furthermore, the Swiss government has decided to introduce far-reaching policies in relation to Swiss sports law, impacting sports governing
bodies. Firstly, the Swiss Olympic Association and national sports federations will have to fulfil a mandatory women’s quota of 40%. The goal of this policy is to promote women in sports gov - erning bodies. Secondly, as a reaction to well-publicised cases of abuse of athletes, particularly in the sport of gymnastics, the Swiss government decided that sports associations must comply with an ethi - cal code approved by the Swiss Parliament in 2021 in order to keep receiving state funding. Furthermore, an independent reporting office with investigatory powers and a disciplinary body with sanctioning powers were introduced. In July 2024, the Disciplinary Chamber of Swiss Sports was replaced with the Swiss Sports Tribunal, a foundation of Swiss Olympic. The Swiss Sports Tribunal, as an independent judi - cial appellate body, is responsible for resolving disputes and imposing sanctions, particularly in cases related to doping and ethical violations within Swiss sports. Conclusion As a final point, the war in Ukraine is sadly still impacting the world of sports. While an interim solution was found by the IOC for the participa - tion of Russian and Belarusian athletes at the Olympics in Paris 2024, it remains to be seen how the IOC and international federations will deal with this issue at the upcoming Olympics in 2026. Most importantly, it must be hoped that hostilities in Ukraine can finally be resolved, with - out unnecessary further loss of life – this is far more important than any legal considerations.
220 CHAMBERS.COM
Powered by FlippingBook