{"id":43635,"date":"2021-04-30T12:13:20","date_gmt":"2021-04-30T10:13:20","guid":{"rendered":"https:\/\/cruyffalumni.org\/johancruyffinstitute-2026\/fifa-is-a-reference-in-the-field-of-sports-law\/"},"modified":"2026-06-02T07:09:33","modified_gmt":"2026-06-02T05:09:33","slug":"fifa-is-a-reference-in-the-field-of-sports-law","status":"publish","type":"post","link":"https:\/\/johancruyffinstitute.cruyffalumni.org\/en\/the-magazine\/sport-management\/fifa-is-a-reference-in-the-field-of-sports-law\/","title":{"rendered":"“FIFA is a reference in the field of sports law”"},"content":{"rendered":"

Joe Bonilla, a lawyer specializing in sports law and professor of the blended Sports Law Diploma course in Colombia<\/a>, assesses the latest national and international reforms that affect, among other matters, women’s football, coaches, anti-doping legislation and the new sports law in Colombia<\/h2>\n

The world of football has been in turmoil lately over the project to create the European Super League, but power struggles and discrepancies in the governance of the most popular sport on the planet are becoming increasingly evident as it moves towards the professionalization of its management<\/a>. The contracting of professional athletes, transfers, the resolution of disputes before federations and arbitration tribunals, the management of intellectual property and image rights differ greatly depending on where in the world you are. Sports law<\/a> has become particularly relevant in recent years.<\/p>\n

Johan Cruyff Institute<\/strong><\/a> will offer, starting on June 15, the first blended Sports Law Diploma course in Colombia<\/strong><\/a> that will include Joe Bonilla<\/strong><\/a> among the professionals who will teach the module in Bogota. With more than 16 years\u2019 experience as an advisor on sports law<\/a> and labor law to national and international clubs, companies, players and managers in the football industry<\/a>, Joe advises renowned Colombian entities such as Am\u00e9rica de Cali<\/a>, Millonarios<\/a>, J\u00fanior, Equidad, Independiente, Santa Fe, and others beyond its borders such as Chapecoense of Brazil or Chelsea of England.<\/p>\n

\""FIFA<\/p>\n

Joe Bonilla.<\/p>\n<\/div>\n

We talked to him about the latest national and international reforms in sports law<\/a>, about the differences that still exist between countries and continents, and about two groups that, after years of demanding their rights, are beginning to be heard. “FIFA is a reference in sports law<\/a>,” says Joe Bonilla, a current member of the board of directors of Am\u00e9rica de Cali S.A. and of the Colombian Association of Sports Law, as well as a founding member and director of the South American Association of Football Lawyers, among others.<\/p>\n

FIFA has introduced two sets of far-reaching reforms that will provide more protection for female football players and coaches. What will be the most important changes for both groups?<\/strong><\/p>\n

As far as coaches and technical directors are concerned, the new FIFA rules<\/a> protect them under international regulation, which was not the case before. For us, it has represented an important step forward, especially because these are workers who previously had to go to local jurisdictions, for example, to make a claim before the ordinary labor jurisdiction or before the civil jurisdiction, to have their rights respected and recognized. This measure protects them and is generating a regulatory framework that will give greater legal security to coaches, but also to clubs and federations. What FIFA is looking for with this new rule is contractual stability, both in the case of players and managers.<\/p>\n

In the case of female football players, FIFA establishes certain labor measures that are designed to protect players, for example, who become pregnant. I believe that this is a response to a historical demand of the players, who will be protected by the highest body in world football. The regulation establishes that clubs are obliged to guarantee them 14 weeks of paid leave in the event of pregnancy and must facilitate their return to work after the childbirth period.<\/p>\n

“FIFA establishes certain labor measures to protect female players, for example, who become pregnant. This responds to a historical demand of the players, who will have the protection of the highest body of world football.” <\/p><\/blockquote>\n

Women’s football is clearly in a phase of expansion, but the differences with men’s football are still very significant. What do you think should be the next major legislative reform in women’s football<\/a> to bring it closer to the professionalization they are demanding?<\/strong><\/p>\n

We consider it essential that the first division of Colombian football organizes the women’s tournament on equal terms with the men’s, especially in terms of duration and club participation. It is essential, for example, that every professional football club that joins the league must have a professional women’s team as a requirement for participation in the official men’s tournament. Even if it is not a club team, there should be an alliance of clubs, and that alliance should exist for the purpose of participating in official tournaments. The aim of this measure would be for clubs to sign longer employment contracts than those they are currently signing, which are for two or three months, in order to extend them to a minimum of six months or a year. Currently, the women’s football<\/a> championships are extremely short if you take into account that for the whole of 2021, the Colombian women’s football tournament will last between one month and a half and two months.<\/p>\n

“We consider it essential that the first division of Colombian football organizes the women’s tournament on equal terms with the men’s, especially in terms of duration and club participation.” <\/p><\/blockquote>\n

The Colombian criminal code has introduced an essential modification for the protection of athletes in matters of doping. Are there differences in relation to other countries?<\/strong><\/p>\n

It is important to clarify that the criminal jurisdiction of each country has nothing to do with the international sports jurisdiction on doping. Each country defines the conducts it considers necessary to penalize. For this reason, many states decide not to punish people who engage in doping practices, as they find no purpose in such a sanction. We believe that this modification is sometimes excessive and even unnecessary in order to ensure the protection of legal assets such as public health, because often such behavior does not even transcend the personal sphere of the individuals in question. This is an issue that has generated very interesting debates about the need to involve criminal jurisdiction in order to eradicate doping, a fight with which we clearly agree. One must, as a matter of principle, compete on equal terms without external factors that affect or enhance sports performance.<\/p>\n

What is the biggest problem in doping issues?<\/strong><\/p>\n

In my opinion, there are several problems related to anti-doping practices. First of all, I believe that there is over-regulation in this regard, in the sense that, even when some of the substances prohibited by the World Anti-Doping Agency are administered accidentally and without a clear intention of improving sports performance, athletes usually end up being severely punished or sanctioned for such conduct that is performed without that intention.<\/p>\n

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Una publicaci\u00f3n compartida de Santiago Silva (@tanquesilva09)<\/a><\/p>\n<\/div>\n<\/blockquote>\n