VM i mänskliga rättigheter – rött kort till FIFA? - En rättsvetenskaplig utredning avseende ansvar för brott mot mänskliga rättigheter i samband med fotbolls-VM i Qatar

Sammanfattning: In November 2022, the men’s soccer World Cup in Qatar, a tournament organized by FIFA, commenced. During the preparations for the World Cup, there were numerous reports of violations of human rights, in particular regarding the rights of migrant workers. These violations have included reports of long and hot working days, low and unpaid wages and, in worst cases, deaths at the workplace. The aim of this work has been to examine the international responsibility of FIFA, a private actor, whose activities have led to human rights violations. Since FIFA, as a private actor, does not have an obvious role in international law, Switzerland’s responsibility has also been analysed. This is because FIFA is registered as a non-profit association according to Swiss law. It has also been discussed whether a shared responsibility between FIFA, Switzerland and Qatar could be relevant. What has emerged from the work is that the rules of international responsibility only seem to apply to states and international organizations. International responsibility for a non-profit association such as FIFA can therefore not be established in the current legal system. However, international responsibility can be established for Switzerland through a national court’s decision to reject a migrant worker’s claim for damages against FIFA. The action is attributable to the state and constitutes a breach of an international obligation of the state, more specifically article 6 ECHR. The work was based on two human rights set out in the ECHR, namely the prohibition of slavery and forced labour (article 4) and the right to a fair trial (article 6). In relation to article 4, it was concluded that the migrant workers can be categorized as victims of forced labour, and perhaps even victims of human trafficking. However, there is no violation of the provision since it is territorially limited, and the current violations have taken place outside the territory of Switzerland. In relation to article 6, it was concluded that there is a violation of the provision because Swiss courts do not provide individuals access to legal remedy for disputes caused by a domestic association. Finally, the work has also identified the legal challenges that arise in enforcing the international responsibilities of FIFA and Switzerland. The main challenge seems to be that international law has not evolved sufficiently to adequately reflect the development of society, where private actors have gained power and influence that can be equated with state sovereignty. This is problematic because responsibility of private actors is essential to maintain the effectiveness of the rules of international law. It is particularly important in the field of sport, an area characterized by private actors where allegations of human rights violations are often discovered.