According to the Sports Judicial Security Committee, young athletes should refrain to the last from any measure that restricts their ability to play and participate in competitive sports as they wish.
Sports issued by the Judicial Security Commission in January solution, where it allows the transfer of three 15-year-old junior players against the will of the players ’former club and the floorball association’s decision on the matter. The Judicial Security Commission bases its decision on the age of the players and the UN Convention on the Rights of the Child.
The players’ complaint to the Law Enforcement Board concerned a decision by the Floorball Federation’s federal government not to approve the transfer of players without the consent of the old club. The players had wanted to transfer from Tikkurila’s Tigers to Esport Oilers, but Tikkurila’s Tigers had not agreed to the transfer.
The appellants had entered into written player agreements with the Tigers for the period 2020–2021, which have also been signed by their guardians.
According to the Judicial Security Committee, under the association’s competition rules, the Tigers were not obliged to agree to the appellants’ requests for social transfer.
The Judicial Security Committee stated that the provisions of the rules on the right of transition were necessary and that the decision of the Floorball Association as such could not be considered unlawful.
However, the Judicial Security Committee also assessed whether the decision led to an unreasonable outcome.
According to the Judicial Security Committee, the assessment of reasonableness must take into account that these are 15-year-old athletes. Until the last minute, they should refrain from actions that limit their opportunities to engage in and participate in competitive sports in the way they want. According to the Board, the rules on the right of transfer must be interpreted in a pro-athlete manner and in such a way as to avoid an unreasonable situation. Where appropriate, a rule provision leading to an unreasonable situation shall be disapplied in individual cases.
In its decision, the Judicial Security Committee also takes into account the UN Convention on the Rights of the Child. It is based on the right of children to participate freely in leisure sports activities.
The Commission considers that the application of the competition rules of the Floorball Association has led to an unreasonable outcome in this individual case. The appellants have been granted permission to join the Esport Oilers team.