Religious Freedom at Whistle. Referee’s role between sporting regulations and religious rules

Sports are subject to the principle of regulatory autonomy. It allows sports institutions to introduce rules independently of state law, as long as their fundamental principles are not violated. These rules, inspired by the principle of neutrality of the playing field, may conflict with religious precepts that guide faithful-athletes in behavior and practices (religious symbols, rituals, lifestyles). Regulatory autonomy is paralleled by the autonomy of sports justice. However, an athlete can turn to the sports courts to challenge a decision of the referee. Article 1, co. 2 of Law No. 280/2003 exempts from this judicial regime “cases of subjective legal situations related to the sports system that are endowed with relevance to the legal system of the Republic.” Therefore, the principle of normative autonomy of sports is subject to an exception in order to protect rights qualified as fundamental by the Italian legal system. The protection of athletes’ religious freedom may be among these situations. The essay aims to ascertain what protections are viable for an athlete who believes he or she has suffered a violation of his or her religious freedom on the playground.