چکیده:
As an emerging industry, E-sports is growing rapidly, with revenues projected to reach $5.7 billion by 2028. As the industry expands, people with disabilities have also found more opportunities to participate in these competitions. The use of adaptive equipment to improve their physical and cognitive abilities has helped them participate in e-sports, but this has faced challenges such as respecting the principles of “fairness” and “equality” in competitions. One of the challenges is cheating or “e-doping,” which can occur through the manipulation of equipment and software. Examining the balance between fairness and equality in e-sports competitions for people with disabilities requires legal analysis within the framework of international law. This research examines the legal obligations of states under the “Convention on the Rights of Persons with Disabilities” and analyzes the decisions of the Court of Arbitration for Sport in this regard. An analysis of the Pistorius and Lipper cases on assistive devices and competitive advantage illuminates the legal and ethical challenges in this area. This study emphasizes the need to strike a balance between securing the rights of people with disabilities and maintaining fair competition.
خلاصه ماشینی:
Using the comparative analysis method and examining the practices of the Court of Arbitration for Sport, including the decisions issued in the cases of Oscar Pistorius and Blake Leeper, this research examines the legal criteria governing the participation of persons with disabilities in sporting competitions and the interpretation of the principle of equality in facing the principles of competitive fairness.
IAAF arising from the use of adaptive equipment and anti-cheat regulations in this field will be analyzed and, finally, by evaluating legal practices and the decisions of the Court of Arbitration for Sport, the legal principles governing the balance between fairness and equality in electronic sports will be extracted, and recommendations for drafting appropriate regulations will be provided.
This matter was specifically examined in the case of Mokgadi Caster, Semenya, and other South African athletes against the International Association of Athletics Federations before the Court of Arbitration for Sport, where the Court emphasized that although the principle of equality requires all female athletes, including intersex athletes, to participate in the relevant competitions; at the same time, it is necessary to maintain competitive justice for other female athletes (Mokgadi Caster and Athletics .
Given these considerations, the governing bodies of electronic sports, including the International Esports Federation, must formulate regulations that, while ensuring the possibility of equal participation for all players, prevent the creation of unfair advantages.
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