Orientaciones Legislativas Para Futuras Políticas Sociales En La Nueva Ley Del Deporte De Andalucía

Resumen:La reciente ley del 2016 del Deporte, aprobada por la Comunidad Autónoma de Andalucía señala una serie de directrices para las futuras políticas públicas en materia de deporte. Se consagran en ella un conjunto de principios y valores, y reconoce derechos subjetivos a los ciudadanos, configurando así un marco de referencia ineludible para la implementación de políticas y actuaciones de la Administración deportiva autonómica. Como aportaciones importantes de la nueva legislación andaluza sobre deporte se observa la proclamación expresa de un “derecho al deporte”, su aplicación al principio de la igualdad de género, así como el compromiso para los poderes públicos de la Comunidad Autónoma de garantizarlo particularmente a una serie de minorías sociales vulnerables. Abstract:Introduction The promotion of physical activity and sport is a main aim of the social State in order to guarantee a better quality of life for citizens. For this reason, some institutions have been progressively providing regulatory tools for the organization of the different types of sport activities. This regulation also contains some of the principles and values that should inspire the design and implementation of public politics on sports which are undertaken by the competent authorities. Aim The main objective of this essay is focused on the study of the new Sports Act of Andalusia (2016), from the point of view of its contribution to the so-called "inclusive sport". In effect, the right of the sport has a special meaning and importance for social groups that are in a situation of effective inequality (immigrants, elderly people, disabled people, socially excluded people). Regarding the "new Andalusian Statute of 2007 (EAA)", its article 72 establishes some directives and guidelines about the regulative ability and about the administrative organization of the "Junta of Andalucía" which are related to the sport. In addition, the regional Act emphasizes the need to materialize gender equality mainstreaming in the field of sports activity and organizations. Therefore, real and effective equality becomes the constitutional principle that inspires the Regional Act and determines a mandatory for public policies. Finally, the study analyzes those legal mechanisms that can improve sports governance, pointing out the principles that should provide greater transparency and effectiveness to the sports management of the federal sports entities. The Andalusian legislator sets the "minimum content" of legislative guidelines related to the informative transparency and ethical obligations of any sports entity within the Andalusian Community. Regarding the rights of those people who practice a sport activity, the Law recognizes a wide catalog of rights directly related to some values ​​and constitutional principles. Methodology This essay applies a legal analysis method, taking the regional sports Legislation as principal target of attention. But the study is not focused exclusively from a legal perspective. The analysis has as a priority to examine the potential projection of the social principles and commitments, contained in these legal provisions, on the public policies of the Social Administration. The study is complemented with the use of a comparative method, whereby it is possible to compare the evolution and innovations provided by the Andalusian Act, with regard to the State legislation and Sport Acts approved in other Autonomous Communities. This essay takes also into account the most significant and recent doctrinal essays on European and national legislations as a factor of integration of social minorities that suffer a special social, cultural or economic vulnerability. Main Results The comparative analysis with other state and autonomous norms which have similar characteristics already offers a first conclusion, about the relative originality of the Andalusian law of 2016, which is related to the state legislation (Law 10/1990, of October 15, of the Sport). The new sport legislation approved by the Autonomous Community of Andalusia laid down a series of guidelines for the future regional policies. The Sport Act (2016) consecrates a set of principles and values, and it recognizes individual rights to the citizens, in order to set an obligatory framework to the policies and the activities of the autonomous Administration. Most of the contributions of this new legislation, which it is necessary to be underlined , are the outline of a “right to sport”, its application under the principle of the gender equality, and the public commitment of the Autonomous Community to grant it, in particular for the vulnerable minorities. Among the groups that should receive that special attention are childhood and youth in the first place. Likewise, these are the most disadvantaged social groups who could be in risk of social exclusion. In the same way, the Law provides a special treatment for the elderly, who is considered like an increasingly numerous group with a series of unique needs, in order to guarantee their quality of life. The Sports Law of Andalusia also devotes a specific section for the sport of people with disabilities. It indicates a legal obligation for the public powers, in order to promote physical activity and for people who are suffering some type of disability (physical, psychological, sensory or mixed). The Andalusian law finally states some specific measures for "women's sport". It is considered as a "transversal" priority of public politics and it sets some objectives about this matter in order to establish specific programs for women. "Equal sports", the Law also encourages the effective participation of women in the decision making of sports organizations, as well as parity in the appointment of the boards of directors of these entities. “Equal opportunities” which are related to the practice of sport represent the manifestation of the constitutional principle of real and effective equality (Article 9.2, EC). Another innovative section is dedicated to "sport activity in the natural environment”. Obviously, the principle of sustainability stands out, as a criterion that should prevail in the public organization of this type of leisure sport. The Law defines the right to practice sport in a double sense. On the one hand, it is considered as an individual right of everyone "to practice sport freely and voluntarily". On the other hand, it adopts the legal command formula addressed to all the public authorities of the Autonomous Community of Andalusia. Within the internal framework of the federative entities, the Law recognizes a catalog of rights in favor of athletes and obligations of those responsible to direct them: the right of the information, representativeness and participation in the functioning of the federation in which they operate. Regarding the problem of doping, the Andalusian law establishes objectives related to the principles and constitutional values which inspire sport activities. These goals are binding for Public Administrations, and they are aimed at the development of public politics for the prevention, control and sanction of doping, which is the use of non-regulatory or prohibited products, substances and methods. Finally, the Andalusian legislator gives significant importance to another one of the main problems that the practice of sport currently suffers, especially competitive sports: violence, racism, xenophobia and intolerance; through methods that promote peace and harmony, fair play, coexistence and integration in a democratic society; in short, the "identifying values" of sport. The Andalusian legislator has foreseen the creation of two organisms in order to fight against these phenomena: the Andalusian Anti-Doping Commission and the Andalusian Commission against Violence, Racism, Xenophobia and Intolerance in Sport. Conclusion The new Andalusian Sports Act (2016) creates a legal framework that reinforces the value of sport as a subjective and universal right. But its effectiveness will depend on future public politics that, from the Autonomous Administration, could make reality the commitments which is fixed by the regional legislator, and specially the real equality in the exercise of this right by vulnerable and disadvantaged minorities.