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Grievance mechanisms and remedy
in the ‘Marketing Rights Delivery Youth
Programme’ with an estimated total of
almost 4,000 children (both national
and international) to be selected by FIFA
Commercial Affiliates to participate in this
programme as:
Following the 2019 Sport Integrity Review Report,
Sport New Zealand launched new initiatives
and integrity review measures in 2020 including
an independent complaints management and
mediation service.78 The Sport and Recreation
Complaints and Mediation Service is an
independent complaints mediation service for
everyone involved in sport and recreation, including
children and young people, from community level
to elite and high-performance sport.79
Ball crew
Coin toss kids
FIFA Flag carriers
FIFA living Football Flag carriers
National Flag carriers
Official match ball carriers
Player escorts
However, the Sport and Recreation Complaints and
Mediation Service is a relatively new service with an
initial focus on mediation. Mediation is not always
adequate or appropriate for harm-related issues in
the sporting context and these issues may also be
too low-level for police intervention – creating a gap
in remedy.
volunteers (noting that FIFA will be
engaging volunteers aged 18 years and
older, however young adults who are just
over the age of 18 may still be vulnerable).
Active risk mitigation will need to be undertaken in
relation to each of the areas where children will be
participating, including with respect to the risks of
injury to children and young people.
The Sport and Recreation Complaints and
Mediation Service more recently announced
the capacity to recommend and carry out
investigations, but still lacks monitoring and
enforcement powers and does not create any
protection for athletes against retaliation for
reporting. There is therefore a need for further
work to ensure enforceable and monitored
outcomes where harm is alleged.
(e) Safeguarding, grievance mechanisms, risks
to the right to remedy
Safeguarding as a cross-cutting issue
The AHRC and NZHRC were asked by FIFA to
consider the issue of safeguarding of persons who
might be at risk of harm, including:
•
children (all those under the age of 18)
•
vulnerable adults, including youth just
over the age of 18, women and other
adults at risk.
Consideration of the particular risks to these groups
aligns with the human rights-based approach taken
by both the AHRC and the NZHRC. Accordingly, the
analysis of the risks with respect to these groups
has been woven throughout this report as a crosscutting issue.
In the Australian context there are a number of
grievance mechanisms that exist, under both state
and federal laws and established regulatory bodies.
These include state and federal law enforcement
agencies, anti-discrimination and human rights
bodies, work health and safety authorities and child
protection agencies, as well as civil law remedies
through the Courts, that may provide jurisdiction
for complaints or investigations to be initiated
arising out of matters connected to the FWWC2023.
FIFA 2023 Women’s World Cup Human Rights Risk Assessment • 33