(2004/C 78 E/0353)

WRITTEN QUESTION P-3911/03

by María Valenciano Martínez-Orozco (PSE) to the Commission

(11 December 2003)

Subject:   Discrimination against minors with regard to access to sporting federations in Spain

Article 2 of the Convention on the rights of the child lays down that children must be protected against all forms of discrimination in terms of their parents' or families' legal status and activities. Article 31 recognises the right of children to take part in cultural and recreational life on equal terms.

Article 24 of the EU's Charter of Fundamental Rights establishes the right of minors to protection and to the care necessary for their wellbeing.

Furthermore, the protection of the rights of children is enshrined as one of the objectives of the European Union in Article 3(4) of Title I of our future European Constitution.

In Spain, with a steadily rising immigrant population with minors of school age, for whom sport can provide an excellent means of integration into Spanish society, there are serious cases of discrimination against children with regard to their access to sporting leagues, in terms of administrative red tape or the refusal of the Sports Federations to allow them to join, because the situation of their families is irregular or is in the process of being regularised.

What is the Commission's view of this serious infringement of the fundamental rights of children discriminated against in terms of access to Spain's sporting federations?

Answer given by Mrs Reding on behalf of the Commission

(16 January 2004)

The Commission is fully aware of the difficulties mentioned by the Honourable Member concerning access for foreign children to sporting activities organised by certain federations not only in Spain but also in other Member States.

As some aspects mentioned by the Honourable Member come under Community law, the Commission is currently examining the regulations of sporting federations in all Member States in order to check whether they comply with the principle of non-discrimination. In fact, significant differences exist and the role given to the federations by the public authorities varies greatly from one Member State to another. It should be noted, however, that Community legislation concerning conditions of entry and residence (Directive on the status of long-term residents, adopted on 25 November 2003) is intended to grant equal treatment in terms of access to goods and services to third-country nationals legally resident in the European Union. This does not apply to foreigners in an illegal situation.

Once it has examined these regulations, the Commission will announce what action is to be taken if discrimination that is incompatible with Community law, and with the Charter of Fundamental Rights to which the Honourable Member refers, is taking place in a number of Member States.