*This was written as a dissertation towards a Master degree in International Sports Law and originally published in the European Leagues legal newsletter*
Source: Free Malaysia Today
Introduction -
Understanding the background
Football became a global pastime in the nineteenth
century, used as a tool for displays of public masculinity, it reinforced
cultural perceptions that sport was not for women, a societal norm that has
sadly stood the test of time. Gender inequality in sport derives from a mix of complex
societal attitudes and barriers, as well as medical opinion about how men are
different from women. Men are considered
physical and strong whereas women are weak and emotional, requiring protection.
Governing bodies were traditionally reluctant to invest in anything perceived
to be out of the ordinary and therefore, women’s football was dismissed as a
result. It was these societal barriers that were felt across a wide range of
sports and echoed by the founder of the modern Olympic Games, Pierre de
Coubertin when he said: “No matter how toughened
a sportswoman may be, her organism is not cut out to sustain certain shocks”[i]
It was as a result of such views that many sports were male dominated with
football, in particular, becoming a site for hegemonic masculinity[ii] defending itself against
feminism, a norm that continues to be passed down through the generations.[iii] These stereotypes
infected not only the sport organisations but the media outlets and commercial
organisations too, effectively contributing to the lack of progress in the
development of the women’s game.
source: Wikipedia
One of the earliest women’s football match dates back
to 1895 in London, England. During the First World War, the women’s game peaked
in popularity. Women were working in heavy manual roles traditionally reserved
for men, and which were in direct contrast to the traditional stereotypical
perception of females. During this period, women formed a number of factory
football teams including The Dick, Kerr Ladies whose match against St Helen’s
Ladies, in 1920, most notably attracted a crowd of 53,000 to Goodison Park. The
ladies team played around 2-3 games per week and travelled across the country
as well as playing games abroad. Their success, both during and after the War,
led to the formation of the English Ladies FA in 1921, and to this day they
remain the most successful women’s team of all time.[iv] One of the team’s star
players, Lily Parr, broke a number of stereotypes during her career and
according to the National Football Museum, she had a shot so hard she once
broke the arm of a professional male goalkeeper. Further, Parr’s performance
record was equally as impressive as any man, having scored more than 1,000
goals during her 31-year-playing career, 34 of which came in her first season
when she was just 14 years old. [v]
Following the war, despite the enormous success of
women’s football, women were being pushed back into domestic life and the old stereotypical
assumptions raised their ugly head once more. In 1921, the FA outlawed women’s
football stating:
“Complaints
have been made as to football being played by women, the Council feel impelled
to express their strong opinion that the game of football is quite unsuitable
for females and ought not to be encouraged.”
Women were banned from playing on all member club
grounds and any men that engaged with the women’s game, found themselves fined
and suspended. Other bodies across the world followed suit in imposing their
own bans (including Brazil, Germany and The Netherlands), the actions of which
would quash the development of the women’s game with damaging effect for years
to come. It was not until fifty years later, in 1971, that the FA Council
finally lifted the ban in England to allow women to play on the grounds of
affiliated clubs. However, the damage to the women’s game had already been done
with the ramifications continuing to be felt across the globe today.[vi]
Even in today’s society, gender stereotypes are
instilled in our children from nursery age. For example, tradition would have
you believe that toy guns are for boys and dolls for girl. These stereotypes
then transfer to the sporting arena where for example, football is considered
for boys and gymnastics for girls. Issues surrounding female participation in
sport begin in the playground. Sports are still heavily gendered with girls
deterred from participating in sport that are not traditionally considered to
be for girls. This, therefore, creates a social bias that continues from
grassroots through to teenage sport and into the elite level. It creates a
psychological complex within girls that sport, and football in particular, is
not for them. This causes difficulties for national associations to attract
girls to grassroots football teams, especially those of mixed gender where
teasing may be prevalent. As a result, a great deal of confidence is required
in young girls to rise above teasing and feel comfortable playing football in such
an environment.
In modern professional sport, progress is being made
albeit at a very slow rate, with gradual increases in annual spending on
women’s sport. For example, 83% of sports now reward men and women equal prize
money but in the ranking of the 100 highest paid athletes, there is only one
woman ranked - Serena Williams[vii] - whose sister Venus
actively campaigned for gender equality in tennis, eventually leading to equal
prize money at Wimbledon, in 2007.[viii] Further to that, it was
only in 2012 that women were able to compete in every Olympic Sport at the
Games, with the inclusion of women’s boxing.[ix] Despite the achievements
thus far, women are constantly forced to defend their right to equality. One
example of this was Novak Djokavic’s comments that men should be paid more than
women in tennis, as they attract larger crowds and play for longer – also
thrown in for good measure were comments concerning women’s hormones “and
different stuff”.[x]
With that background in mind, the purpose of this paper
is to consider the gender inequality still faced by women in the football industry
and whether current equality laws, across a number of jurisdictions, are
effective in tackling the issues faced. Thereafter, an attempt will be made to
identify actions that could be adopted by legislative bodies and football
governing bodies in a bid to significantly close the gender gap that, this
paper aims to prove, continues to exist in the football industry today.
Current Gender
Inequality Issues in Global Women’s Football
Article 4 of the FIFA Statutes[xi] strictly prohibits sex
discrimination and states:
“Discrimination
of any kind against a country, private person or group of people on account of
race, skin colour, ethnic, national or social origin, gender, disability,
language, religion, political opinion, or any other opinion, wealth, birth or any
other status, sexual orientation or any other reason is strictly prohibited and
punishable by suspension or expulsion.”
The rule specifically states that to discriminate as
a result of someone’s sex is an offence that is punishable by suspension or expulsion
however, despite this prohibition sex discrimination exists to some extent
across many jurisdictions and is experienced by players as well as coaching
staff and women in executive roles. Yet sanctions for such breaches do not
appear to be actively enforced.
Whilst sport, in general, has ongoing gender equality
issues, it would appear that football in particular has been reluctant to
accept women across a number of roles and this is demonstrated through legal
disputes regarding remuneration, access to facilities/equipment as well as
investment, media exposure and commercial opportunities. Hope Powell, former England
Women’s Coach, recently stated that female coaches are being discouraged and
squeezed out of the women’s game as jobs were more frequently given to men with
less experience.[xii] Those
experiences are also evidenced in a FIFA 2014 survey of women in football (2014
survey) that found:
- 138 out of 177 member associations (MAs) have a women’s football league
- 7% of all registered coaches are female
- 10% of all registered referees are female
- Women account for 8% of board members across the industry
- 45% of UEFA MAs consider that football is not a sport for women
- Of the MAs ranked in FIFA Women’s Top 20, zero were of the opinion that women and football did not mix - this supports the contention that successful female leagues can challenge traditional social perceptions of women and football[xiii]
In December 2017, FIFPro (the world football player
union) published its report on working conditions in professional women’s
football[xiv]. The report was
published following a study carried out by the University of Manchester whereby
3,500 women footballers, playing at elite level, were surveyed. The study was
one of the most detailed carried out into the women’s game and covered areas
such as salary, prize money, childcare and discrimination. Those surveyed
played for their national team or in the top division of their national
competitions including in leagues from England, France, Germany, Sweden and the
USA. The statistics within the report make for very bleak reading and despite
how far women’s football has come since the 1920s, it is evident that much more
work has still to be done to achieve gender parity. The report revealed that
50% of players surveyed received no salary, whilst two-thirds of those who do
receive a salary earn less than $600 per month. Due to low financial rewards,
30% were required to supplement their football career with another job and 90% held
the view that they may have to quit football early just in order to survive or
start a family. On the topic of maternity and childcare, the study found that
8% of players received paid maternity leave and 61% of players did not receive childcare
support, this was said to be another factor for leaving the industry early. In
terms of contract stability, the statistics show general uncertainty regarding
job security with the average contract length being only 12 months, whilst 47%
of those surveyed had no employment contract at all.[xv] A Telegraph report has also
reported further statistics from within women’s football in England whereby
reportedly 88% of players in the Women’s Super League earn under £18,000 per
year and 58% of the competition’s players are considering quitting for
financial reasons. The maternity issues continue to ring out with reportedly
only 1% of players in the Women’s Super League having children, which suggests
that perhaps more can be done to support those who have or who would like to
have children.[xvi]
It should be noted that the Women’s Super League is currently undergoing
restructure to allow the top tier to go fully professional (this will be
discussed further in more detail, later in the paper).
It is difficult to determine how to close the gap
without implementing binding regulations both at government level and by sport
governing bodies. As matters stand, MAs are not obligated by FIFA to form a
women’s team – this is reflected by the fact that approximately half of all MA’s
have failed to enter a team in the qualifying rounds of the 2019 Women’s World
Cup. FIFA has attempted to take steps to address gender inequality by publishing
recommendations and offering financial incentives to persuade MAs to develop
the women’s game but the effects thus far have been underwhelming.[xvii] The FA has also taken
steps to encourage development by only permitting clubs entry to the top flight
of the Women’s Super League, from season 2018/19, who offer their female
players a minimum of 16 hours playing contract[xviii] (this will be
discussed in more detail further in the paper).
The next few sections highlight some of the disputes
over working conditions and resources raised by a number of national women’s
football teams and women’s leagues around the world:
Case: The Republic of
Ireland’s (ROI) Women’s Team
The ROI women’s team made headlines in April 2017 following
a dispute with the Football Association of Ireland (FAI).[xix] The players complained
of poor working conditions and that they were effectively “out of pocket”
playing for their country. The allegations were shocking but sadly reflect the
extent of some of the issues faced by women in football. The players complained
of being forced to change in airport toilets on the way to matches and the
requirement to share tracksuits. Further, a number of the international team
play in Ireland’s amateur league and hold full-time jobs outside of football. This
means that players require annual leave or unpaid leave to fulfil international duty commitments, which could see them away from employment for
up to 40 days per year.[xx] This is a requirement that many are unable to
commit to due to no compensation from the FAI. Following a threat to strike for
the team’s match against Slovakia[xxi], an agreement was reached
for improved conditions, following involvement from PFA Ireland and a public backlash.[xxii]
Case: Danish Women’s
National Team
In October 2017, the Danish women’s national team
publicly complained of the poor working conditions imposed by the Danish
Football Association (DBU). The players, who were runners up in this Summer’s
European Championships and earned the DBU €1m in prize money, are seeking
employee status with the DBU as well as a basic monthly fee of less than
€1,000. The team currently receives no compensation for the time they spend on
international duty (on average, 70 days). Similarly to the ROI women’s team,
many of the Danish players do not hold professional contracts with a club,
therefore international duty creates significant financial stress, given the
time spent away from paid employment.[xxiii] In late November 2017,
the team negotiated a new four-year agreement including a total of 4.4m Danish
Kroner (€700,000) in monthly allowances, match bonuses, health insurance cover,
as well as better apparel and training facilities.
Case: Dutch Women’s
National Team
Like their Danish counterparts, the Dutch women’s
national team was able to negotiate a new agreement to increase their
compensation significantly, four months after they won the 2017 European
Championship. The agreement reflects the achievements of the team to date and
is said to be an improvement on agreements reached by other national teams,
across Europe. The previous financial compensation is reported to have been
“multiplied” by the agreement which consists of three parts: fixed compensation
for national team duty, new performance bonus scheme as well as a new
commercial agreement.[xxiv]
Case: Women’s Football
in Finland
In March 2018, it was announced that the equality
ombudsman, in Finland, had launched an investigation to determine whether the
Football Association of Finland has been illegally discriminating against the
women’s national team. Legislation in the country states that national sport
federations and organisations that receive state financial assistance must
promote equality. It is reported that the women’s national team players face
inferior bonus pay and conditions compared to that of the men’s team. A
statement released by the ombudsman read: “If
men and women who have a similar position are rewarded differently, then there
is a presumption of discrimination on the grounds of gender.” A decision is
expected prior to the Summer.[xxv]
Case: Women’s Football
in Chile
In jurisdictions where the women’s game is less
developed, some teams struggle to even get off the ground. The Chilean women’s
team were deserted by their national association (ANFP) after they failed to
qualify for the 2015 World Cup. The team were sitting 41st in the
FIFA rankings but dropped to 128th after the federation failed to
arrange any matches or training sessions for two years. Eventually, the
Asociacion Nacional de Jugadoras de Futbol Femenino was formed (women’s player
association) in July 2016 and with support from the Minister of Sports and the
Minister of Gender Equality, new energy is now being generated into women’s
football. The struggle, however, is also felt at domestic club level with a
number of clubs disbanding their women’s teams. Only two of the 25 teams in the
top division are considered to be “professional” and have employment contracts.
Players are put under significant financial stress with some clubs insisting players
will have to pay to appear in matches, due to a lack of funds.[xxvi]
Case: Argentinian
Women’s National Team
In September 2017, the Argentinian national women’s
team went on strike complaining of lack of payment and basic resources required
to train and play matches. The women’s national team is not considered
professional, and only receive $8 per training session. As like other women’s
teams across the world, a number of the players hold jobs outside of football
and struggle to meet the financial demands of playing for the national team.
Some of the complaints include non-payment of stipends, lack of lockers and the
requirement for a grass field to practice. At the time of writing, the dispute
is ongoing.[xxvii]
Case: Women’s Football
in Brazil
Women’s football in
Brazil was banned between 1941 and 1979 and even when the ban was lifted there
were few resources allocated to the development of the women’s game and many
tournaments were eventually discontinued. In 2013, the national women’s league
was launched seeing Rio Preto Esporte Club, the most successful women’s club
thus far having won the national league in 2015 and crowned 2016 and 2017
winners of the Sao Paolo Championships. However, despite their success the team
is still faced with significant difficulties: their training ground has holes
in it due to ants nests and the team lives five to a room in a house provided
by club owners.[xxviii]
Concerns have also been raised in Brazil, where the
women’s national team publicly expressed their disapproval when coach, Emily Lima,
was dismissed from her role in October 2017. Lima was the first female to coach
the women’s team when she was hired in 2016. The team also took the opportunity
to express concerns with regards to the lack of opportunities for female
players to progress into coaching roles as well as the lack of females
represented in executive positions at the Brazilian Football Confederation
(CBF). The group referred to FIFA reforms and called for the CBF to fall into
line. The CBF reportedly has no women on its governing board and no meaningful
pathway for former female players to obtain executive roles.[xxix]
Case: U.S. Women’s
National Team
One of the most staggering examples of gender
inequality in football can be found in the USA with the US Women’s National
Team, who are number 1 in the FIFA Women’s World Rankings.[xxx] Football’s governing
body in the US, US Soccer, employ both the men and women’s team members. The
women’s team is reportedly paid $99,000 per year whilst the men’s team is paid
$263,320 per year[xxxi],
the women also reportedly receive $10 less per day in meal allowances than the
men and earn $750 less in sponsorship appearance fees. One would usually expect
the defence for such gender pay gaps, in sport, to be founded on market forces,
ie. the men’s game drives higher crowds and revenues. However, this case is
slightly more complicated. The US women’s national team is currently considered
more successful than the men’s squad with three World Cup Championships and
four Olympic Championships under their belt. The women’s team also enjoys
larger crowds and more recently, has generated greater revenue ($20m more than
the men’s team in 2015) with that trend continuing.[xxxii] With that in mind, the
women’s team filed a complaint with the Equal Employment Opportunity Commission
(EEOC) on the basis that they should be receiving equal pay for equal work.
However, US Soccer has defended the claim on the basis that it is not equal
work for in order to qualify for the Women’s World Cup, five games are played in
a single two week tournament, whereas the men’s route to the World Cup is
spread over a two year, 16 game slog across North and Central America as well
as the Caribbean. US Soccer also points to the disparity in prize money
generated by both competitions, the sums of which are controlled by FIFA and
not US Soccer.[xxxiii] This case highlights the nature and extent of
gender inequality experienced by women in football who despite enjoying great
success both on and off the pitch, face an uphill struggle when faced with
discriminatory conditions in a discriminatory market that favours one gender
over the other regardless of success, and with no signs of significant change
anytime soon. The US women’s team reached a new agreement with US Soccer in
April 2017 that narrows the gap in terms of equal pay but still sees the women
earning less.
A collective voice for
female professional football players
The above case studies highlight the importance of
female players being part of a union to collectively bargain for improved
working conditions and salary. Collective bargaining refers to the negotiations
that a players’ union (or association) holds with the club or national
association, on behalf of a group of players. Where those negotiations lead to
an agreement, a collective agreement will be drafted confirming the improved
terms and conditions. FIFPro, the world global union for players, currently has
63 member associations yet according to their website (which may be not be
fully up to date), only 36 provide the opportunity for female professional
players to join their association.[xxxiv] That said, any female
players who require to raise concerns can turn to FIFPro, if they do not have
an association that is able to assist them. It is essential that female players
are provided with a voice to raise concerns and lobby for change. It is concerning that not all player
associations offer advice and guidance to female footballers who find
themselves facing discrimination and poor working conditions. Amendment of
player association statutes (which the author understands is being encouraged
by FIFPro) and creation of female divisions would be welcomed across all player
associations to ensure that female players’ voices are represented and heard.
Gender equality laws
and jurisprudence across various jurisdictions
Great Britain
2010 saw the implementation of the Equality Act 2010
(EA 2010) which provided significant changes to equality and
anti-discrimination protection across England, Wales and Scotland. It supersedes
over 100 separate Acts of Parliament and statutory instruments, and more than
2,500 pages of codes of practice and guidance. It was implemented to
consolidate existing discrimination laws and provides for those as required
under European law. It was generally acknowledged that the pre-existing law had
failed to deal with complex challenges faced in modern society. Whilst
attitudes to discrimination have largely moved on for the better since the
1960s/1970s, discrimination in the author’s opinion continues to be largely
institutionalised in a number of industries, including sport, and more can
still be done to improve upon equality laws in force today.
The EA 2010 aims to ensure that people are treated
equally in the workplace by prohibiting employers making general assumptions
with regards to a person’s ability, based on their gender. The Act defines
direct discrimination under s.13 whereby A discriminates against B if, because
of a protected characteristic (such as gender), A treats B less favourably than
A treats or would treat others. The key sports case, in the UK, with regards
direct sex discrimination is Nagle v
Fielden [1966] 2 QB 633 where the claimant was an experienced racehorse
trainer who had repeatedly applied to the Jockey Club for a trainer’s license
but had her application for a license refused time and time again. The Jockey
Club was, however, content with granting a license to the claimant’s male
employees. The case was heard by the Court of Appeal who held that the Club’s
policy of not granting a license to a person on the grounds that she was a
woman was unlawful and required to be amended. The case pre-dates the EA 2010
but the decision still applies under s.13 and s.53 (which applies to
qualification bodies).[xxxv]
Another example of sex discrimination concerned the
dispute between the former Chelsea physiotherapist, Eva Carneiro, Chelsea
Football Club and then manager, Jose Mourinho. Carneiro claimed that during her
employment there was a lack of action over sexually explicit comments made at
away games, lack of changing facilities and a failure to provide her with an
official suit. Further, there was also an incident whereby Mourinho was alleged
to have called her a “filha da puta”
(translated as daughter of a whore) in response to Carneiro running onto
the pitch to help an injured player, and thus effectively stopping the flow of
the game. Carneiro argued that this amounted to sex discrimination. Mourinho
had argued that he did not refer to Carneiro as the above but stated “filho da puta” (meaning, son of a
bitch) and the exclamation was not discriminatory, in nature. Ultimately, the
case settled out of Court with Chelsea FC reportedly providing Carneiro with a
significant sum of compensation. However, had the case proceeded to a full
hearing, the decision would likely have turned on whether the Tribunal accepted
Chelsea’s defence that Carneiro’s claim was a tactical move and Mourinho’s
exclamation mere profanity rather than discriminatory in nature.
Equality legislation recognises in very limited
circumstances, cases where different treatment based on a protected
characteristic does not equate to unlawful discrimination. An example of this
can be found in the EA 2010 which provides an exemption for “gender-affected activity”
under s.195:
“…a
sport, game or other activity of a competitive nature in circumstances in which
the physical strength, stamina or physique of average persons of one sex would
put them at a disadvantage compared to average persons of the other sex as
competitors in events involving the activity.”[xxxvi]
Despite the essence of the Act being to prevent
discrimination based on generalisations about one gender’s ability to perform an
activity, legislators have allowed an exemption in the case of sport. Rather
than forcing sporting bodies to assess eligibility on the basis of someone’s
ability and skill, regardless of gender, the exemption instead reinforces conservative
social views that have plagued women in sport since the Victorian era. Segregation
in sport can prevent female athletes from testing out their skills at the best
and highest levels, whether that be against male or females.[xxxvii] In other
jurisdictions, such segregation in certain circumstances has been ruled
unlawful by the Courts, as in the case of Canadian ice hockey (discussed below).
Section 195(4) provides that where children are
concerned, it is appropriate to take into account their age and stage of
development, when considering whether the activity they participate in should
be “gender-affected”. Grassroots sport, in the author’s opinion, is of
particular importance when tackling social barriers and mixed gender sport
should be encouraged from a young age, to allow girls to build self-confidence
to allow them to feel comfortable in a football environment.
The EA2010 does not apply to employers only, or those
considered to be employees, it also applies to sport clubs/associations and any
organisation providing goods, facilities or services to members of the public.
Sport and leisure services will include amateur football clubs as well other
sport clubs, leisure centres, swimming pools, ice rinks, adventure centres and
so on. The legislation applies whether services are provided for a fee or free
of charge, e.g. free football training sessions – the activity is still covered
regardless. Organisations may be considered a sporting club and/or an
association. Provisions on associations will apply if a club has 25 or more
members and membership is regulated by a set of rules.
Where associations are concerned, the relevant
protected characteristics apply once again as well as the usual types of
prohibited discrimination: direct discrimination, indirect discrimination,
harassment and victimisation. Prior to 2010, clubs which were genuinely private
were able to have discriminatory membership categories and prices between men
and women. However this changed with s.101 of EA2010, which extends protection
against discrimination where gender is concerned and at its time of
implementation was estimated to significantly affect approximately 3,000
working men’s clubs[xxxviii]. The protection bars
clubs whose members are male and female from restricting access to women to
certain days or certain facilities etc. An example was provided in explanatory
notes of the Act whereby a gentleman’s club will be guilty of direct
discrimination when it charges a person a higher subscription because he is a
Muslim or, a private members’ golf club is not permitted to allow its female
members to play golf on certain days in contrast to the men who can play
whenever they wish. This protection also
applies to guests of members of private clubs under s.102. However, as above,
there is yet another exception to the rule that appears to accept the cultural
barriers that have formed over the centuries. Schedule 16 of EA2010 permits
associations to restrict their membership to those who share protected
characteristics, including sex and therefore same-sex clubs are still
permitted. It should be noted that the exception to restriction of membership
does not apply to persons of a particular colour.
Canada
In Canadian ice hockey, significant progress has been
made to close the gap in gender equality which has seen exponential growth of
the women’s game, in Canada. For decades, ice hockey was considered a masculine
sport and with the demand for ice and time greatly outweighing the supply, men
were traditionally given first refusal over women wishing to use the facilities.
However, there was a turning point in the 1970s when young girls became frequently
more interested in participating in ice-hockey leagues. With the formation of
female leagues across the country, many female players found themselves
frustrated that they were unable to push themselves to fulfil their potential as
the most challenging environment was to be found in the men’s only leagues. It
was this frustration that led to one of the most important sports law cases in
Canada. In 1985, a 12 year old girl, Justine Blainey, raised an action against
the Ontario Hockey Association (OHA)[xxxix] who had rejected her
application to participate in an all-male league. Blainey argued that her goal
was to develop her skills to the best of her ability and in order to do that
she needed to play at the highest possible skill level which was to be found in
the Metro Toronto Hockey League – an all-male league. Blainey relied on section
15 of the Canadian Charter of Rights and Freedoms that guarantees equal
treatment for all Canadians. However, the OHA attempted to rely on Ontario’s
Human Rights Code on the basis that gender discrimination was allowed in sports
under ss. 19(2) of the Code. The Trial Court at first instance agreed with the
OHA. Blainey appealed to the Court of Appeal and argued the ss. 19(2) of the
Code violated s. 15 of the Charter. The Court agreed and held that section
19(2) of the Code was inconsistent with the Charter of Rights and Freedoms and
should be stricken from the Code. The Court
held that rules prohibiting women from playing in male leagues were
discriminatory, and in violation of the Charter. Once subsection 19(2) of the
Code was deemed unconstitutional, Blainey was able to pursue her claim again
and was awarded damages. The Blainey case
had a significant effect on sports governing bodies in Canada who are now
required to accommodate any female who possesses the necessary skills and
capability to play in all-male leagues. In reality, however, once female
players reach adult age and an elite level, given the nature of ice hockey (and
per other contact sports) most are not able to withstand the physicality of the
game and many revert to all-female leagues. However, as a result of mixed
gender sports during school years, the competitive level of all-female sport is
now greater as a result of females being able to develop their skills against
male competitors, to the best of their ability until they are no longer
physically able to do so.
The formation of all-female ice hockey leagues also highlighted
disparities in the access and use of facilities between male and female
leagues. In 2000, a group of female ice hockey players from the University of
Saskatchewan filed a legal complaint[xl] based on the Saskatchewan
Human Rights Code (S.S 1979, c. S-24.1). They argued that the University was
favouring male players over females in relation to funding, coaching and
athletic awards. The Canadian Court of Appeal upheld the players’ complaint and
the University was forced to take steps to rectify the inequality in the men
and women’s hockey programmes, a decision that would affect all sport programmes
in Canada. Requirements included increased funding for the women’s team, the
hiring of a top-level coach, and equity in the distribution of funds for
athletic awards. As a result of these legal developments, a sport that was once
the sole preserve of men is now accepted as equally appropriate an activity for
women.[xli]
United States of
America
In the US, the 1970s was a significant decade for
gender equality. Title IX of the Education Amendments Act was implemented in
June 1973 and “served through the 1970s
as a legal threat to the male bastion in school sports.”[xlii]
The legislation provides that “no person in the United States shall, on the
basis of sex, be excluded from participation in, denied the benefits of, or be
subjected to discrimination under any education program or activity receiving
Federal financial assistance.” The legislation only applies to educational
institutions and places an obligation to ensure that both sexes’ interests and
abilities are accommodated and that they are provided with equal distribution
of federal funding, equal access to coaching, equipment and training facilities
as well as equality in the scheduling of games and practice times. The
legislation allows for sex-segregated teams where selection is based on
competitive skill or where the sport is a contact sport. However, an
institution must still provide equal opportunity to play for members of both
sexes.[xliii] Within the first ten
days of the legislation coming into force, over 100 complaints were received
against universities alone.
In the early 1980s, Title IX was subject to significant
interference from the Supreme Court in the case of Grove City College v Bell 465 U.S. 555 (1984). Grove City College
was a small private college which received federal funding in the form of
education opportunity grants (similar to student loans for fees). The funds
were terminated on the basis that one of the college’s sporting programmes had
failed to comply with requirements under Title IX. The College challenged the
decision on the basis that they received funds through students and the
department receiving the funds was not sports related. The Court at First
Instance held that the grants constituted federal financial assistance and
whether the assistance reached the college indirectly or directly was
irrelevant. That decision was also upheld by the First Circuit Appeal Court.
However, the College appealed to the Supreme Court who overturned the ruling. The
Court agreed that the way in which federal funds were received was irrelevant
but interpreted the provisions of Title IX to be “program-specific” and not
“institution wide”. The grants were used for the College’s financial aid
programme and not for any sport programme – therefore the Court ruled that the funds
could only be withheld if there was found to be discrimination in the specific
programme in which the funds were being used. The fact that there may be
discrimination in other programmes does not justify the withholding of funds.
The decision was significant and effectively removed nearly every university
sporting program from the reach of Title IX as well as extinguishing any
outstanding discrimination claims unless the sporting program received federal
funding, which most of them did not.[xliv]
In 1987, the Civil Rights Restoration Act remedied
the effect of the Grove City College case
by applying the ‘institution wide’ rule to Title IX. As a result from 1988,
when determining a discrimination claim consideration must be given to: the athletic
interests and abilities of male and female students and whether they are
accommodated; the level of sports and competitions on offer to both genders as
well as general institution enrolment numbers for males and females. It has
been stressed by the US Courts that financial constraints will not be a defence
for a failure to comply with Title IX.[xlv] The new “institution
wide” rule resulted in a number of institutions revising their athletic
programs and the reinstatement of a number of dropped women’s teams.
Title IX has achieved significant success in
addressing gender equality in sport as well as shifts in cultural attitudes. Maguire
J.S suggests that this can be demonstrated by popular 1970s U.S. TV series
(produced following the enactment of Title IX), such as Charlie’s Angels,
Wonder Woman and The Bionic Woman, all of which depict stronger physical female
characters.[xlvi]
Further, the effect of Title IX on women’s football is difficult to ignore. The
enactment of Title IX has been a key factor in the explosion of women’s soccer,
in the US, over the last three decades with many educational institutions
offering successful soccer programmes to female athletes who wish to develop
their skills in a sport that, in the US, was not traditionally dominated by men.[xlvii] As a result, the
number of female athletes, teams and coaches has increased decisively.[xlviii] This contention is
supported by the findings of FIFA’s 2014 survey that almost half of the 4.8m
female players registered are from the USA & Canada.
The Gender Pay Gap
In the UK, the legal framework for equal pay can be
found under the EA 2010. The first hurdle, for any female athlete, in bringing
a successful claim is that she must be employed. This is likely to create a
barrier for female footballers due to a lack of professional contracts, as
described above. Secondly, there is no concept of “equal pay” available to
players when they are competing in separate competitions. Therefore, it is
practically impossible to mount such a claim as the female player requires to point
to a male counterpart and prove that he is paid or treated differently for work
carried out that is equal or of equal value ( s.64 and s.65). As discussed, this
presents numerous hurdles as there could be different entities employing the
male and female teams, and the male counterpart will be playing in a segregated
male team, with different schedules and in different competitions (e.g. US
women’s team). Therefore, the legislation is of little use to female players
unless mixed-gender professional teams become a reality (which is unlikely) or
there is complete equity across the competitions as well as training and game
time. Female football players, therefore, may not benefit from these provisions
because of the way sport is organised.
Under s.69, salaries are permitted to be determined
by market forces (the material difference of which is not supposed to be due to
gender). This means that even where a female athlete can show that she is an
employee and that the work she is undertaking is equal and/or of equal value to
that of her male counterpart, the employer may still have a defence if they can
show that the disparity arises as a result of the market for men’s football (which
currently generates significantly larger revenues) and not because of
sex/gender. However, the author would argue that the vast difference in the
market for men and women’s football is directly related to gender and
traditional social norms about women and football – which results in a
reluctance to commercially invest, promote and broadcast matches and in turn,
failure to generate regular large crowds. The defence afforded under section 69
(and under equality laws across the globe) is unjust on the basis that it
creates an impossible barrier for female players to overcome as the market
relied upon is inherently discriminatory due to social norms that have been
entrenched through a history of discrimination, prejudice and prohibition
against women in sport.
As of April 2017, organisations with employees of 250
or more are now required to publish information, annually, about the size of
their gender pay gap under The Equality Act 2010 (Gender Pay Gap Information)
Regulations 2017. Information required to be disclosed includes the difference
in mean and median pay between male and female employees, as well as the
difference in bonuses. In a sporting context, many football clubs will escape
the public scrutiny of such disclosure due to the size of their organisation[xlix] but larger sport
governing bodies are likely to be caught. Reports are to be published by April
2018. As we approach the cut-off date for the first annual reporting, a number
of sport governing bodies have published their gender pay gap reports and the
results are disappointing but not surprising. The Football Association’s (FA)
report[l] revealed that men were
paid 23.2% more than women (mean figure with median of 12.1%) - one of the
lowest gaps across all sport organisations, in the UK. Men dominated all salary
quartiles as well as the five most senior positions – women accounted for only
34.6% of all FA staff members. In terms of bonuses, 55% of men received bonuses
compared to 50% of women, with a 16.4% mean gap (the results factor into
account England teams’ success at tournaments). However, there were worse
results elsewhere in sport. The England and Wales Cricket Board released their
gender pay gap report[li] in March 2018 which
revealed that the average hourly rate for a male worker was 38% higher than
that for a woman, equating to £62 for every £100 that a man earned.
Notwithstanding that, 88% of the top-level salaries were earned by men. The
disparity was explained by the governing body as being a result of the ratio of
men to women at all levels as well as a historic trend towards employing
ex-players in senior management, coaching and operational roles as well as all
first-class umpires being male. The results are not much better over at the
Lawn Tennis Association (LTA)[lii] where the average hourly
rate for a female was 31% less than males as well as a 55% bonus gap. The LTA
recognised a significant gender imbalance in very senior roles as well as a
higher percentage of females being attracted to part time roles due to the
flexibility offered in lower paid roles.
In terms of hard law, it is only Iceland that has
taken that extra step by becoming the first country to force employers (who
have 25 + employees) to prove that they pay employees, in the same role an
equal salary, regardless of gender. Organisations who fail to meet the
requirements will face significant fines.[liii] The law came into force
on 01 January 2018 and requires organisations to have a certificate showing
that they pay everyone in the same roles equally, regardless of gender,
sexuality or ethnicity. The measure aims to eradicate the gender gap by 2022. [liv] The country also has
legislation that requires companies with 50 employees or more to have a quota
of 40% women on their boards.[lv] In a study, by the World
Economic Forum, of global gender equality, Iceland was ranked number one, a
position that it has held for eight years[lvi]. The Football
Association of Iceland has also mirrored the progressive attitudes of its
Government by taking the decision to award the women’s national team with the
same bonuses as the men’s team. The move means that the women’s team receives a
significant increase on their current pay, in terms of performance bonuses. The
President of the Association echoed the sentiments of the Icelandic Government
by saying that the board was unanimous in taking the decision to award equal
bonuses and that they aim to be progressive and consider it encouraging for
football in Iceland.[lvii]
Those sentiments have also been echoed elsewhere in
the football industry. Most recently, the Norwegian FA implemented equal pay
for its men and women’s national teams. It is an unprecedented move that has
been applauded across the globe and the hope is that it will set the blueprint
for many other MAs going forward.[lviii] Likewise in 2017, East
Sussex football club Lewes FC, became the first football club (not
professional) to pay its women’s team the same as its men’s team as part of a
groundbreaking initiative called Equality FC. The club has set out a number of
objectives to achieve a level playing field for women in football. These
include raising and setting equal playing budgets for both men and women,
providing equal resource for coaching & technical staff, upgrading
equipment and facilities, and investment in grassroots programmes to drive
equal participation.[lix] The move has seen the
club’s spectator numbers grow for the women’s team, attracting almost 1,000
fans to their recent match against Everton Ladies in the 6th round
of the FA Cup. One fan recently commented: “I can’t claim to know the offside rule or even be able to name players
for a fantasy football team, but hearing about Equality FC (paying females the
same as males) has really sparked my interest in football.”[lx]
The initiative also attracted sponsors to the club with Lewes securing one
of its latest partnerships with Brighton & Hove Buses whose Managing
Director stated:
“I
applaud Equality FC for tackling outdated stereotypes and that very much fits
with our ethos at Brighton and Hove Buses. As a company we’ve still got a long
way to go and a lot to learn. Customers already see a number of women bus
drivers but there’s plenty of room for more. Partnering with an organisation
that is tackling these – still –very difficult questions is going to help us
move forward with our own efforts.”[lxi]
(Further benefits enjoyed by Lewes FC as a result of
their equality campaign can be found in the commercial chapter of the paper)
The changing landscape
of women’s football
It is difficult to pinpoint an exact figure as to how
many professional female football players there are across the globe as not all
associations record the figures but a recent survey by sporting intelligence
considers a realistic figure is 1,287 which equates to 0.93% of professional
players, worldwide. That figure also includes semi-professional female players.
Despite male players significantly outweighing their female counterparts (it is
estimated that for every 100 male players, there is 1 female), there is an
appetite for change. The top women’s football leagues across the globe consist
of Division 1 Feminine (France), Frauen Bundesliga (Germany), FA Women’s Super
League (England) and the National Women’s Soccer League (USA). Although the
wage gap is still significant to that of the men, players who play in the above
leagues are likely to be able to earn a living full-time. In Division 1
Feminine, players have the ability to earn some of the top wages across all of
women’s football with two of the best clubs, being Lyon and PSG. Since the
1980s, Lyon’s president has worked tirelessly to ensure that both the men and
women’s squads are successful, by injecting significant funding into both
teams. Lyon are currently the best paid women’s football team in the world and
very successful, having won the Champions’ League four times, along with FFC
Frankfurt, who play in the Frauen Bundesliga. Club interest and investment in
France has seen a spike as a result of the country winning the bid to host the
Women’s World Cup in 2019. Consequently, other clubs in the French league are now
looking to invest further, to boost France’s position in the national game, as
well as the domestic game.
The Frauen Bundesliga, in Germany, packs its own
might both in a sporting and financial context. Since the women’s champions’
league began in 2001, German clubs have been the most successful, with FFC
Frankfurt enjoying joint success with Lyon as the most successful club. There
are currently 278 professional women players playing in the league with all
clubs allocating money to girls’ youth development and employing full time general
managers as well as head coaches, as per current league rules.[lxii]
England - The
Restructure of the FA Women’s Super League
In 2017, the FA announced the restructure of the
Women’s Super League (WSL), a move that was criticised by some but that the author
considers will change the face of women’s football for the better and set a
precedent, moving forward. The restructure will see the top tier of the WSL go
fully professional from season 2018/19 and will include up to 14 teams (it
currently has 10, half of which are not professional). The restructuring is
designed to develop the domestic game whilst improving the form of the national
team, all the while keeping those players in England and out of the hands of
foreign leagues. Notwithstanding that, the new plans also aim to double
participation as well as spectators by 2020. Clubs must apply for entry into
Tier 1 and are required to meet strict requirements such as: offering players a
minimum employment contract of 16 hours, thereafter rising to 20 hours,
commitment to invest a minimum sum into the women’s team, delivery of elite
performance environments to include medical and player welfare measures,
strength and conditioning and performance preparation as well as a detailed
commercial and marketing strategy. Further, clubs in Tier 1 will be expected to
commit to the FA’s female coach scholarship scheme which will provide work
placements and increase further opportunities for females in the industry.[lxiii]
As discussed, the current top tier presently includes
5 teams who are not professional and it is inevitable that some of those clubs
may not be able to meet the conditions for entry into the new Tier 1. As such,
those teams will have to play in one of the lower leagues, possibly Tier 2, the
criteria for which will remain the same. Extra support will be provided by the
FA for clubs in Tier 2 to allow them to make an easy transition to Tier 1, as
and when they are in a position to do so.
The decision to fully professionalise the top tier of
the WSL was not welcomed by all but the FA recognised the need to capitalise on
the growing momentum that women’s football has recently enjoyed and force the
change through, rather than waiting for it to materialise naturally when all
clubs are ready (or willing) to do so. With the fan base growing and increased
media interest, the FA has taken the opportunity to improve the competitive
balance and produce a more exciting product in the hope that the reforms result
in greater exposure, attracting increased commercial opportunities. The FA will
be supporting clubs in both tiers, through the changes, with increased funding
of up to £120,000 for Tier 1 and £61,500 for Tier 2.[lxiv]
Going forward from 2018/19, the FA will operate a
promotion and relegation system for the first time across the entire women’s
football pyramid, including the lower divisions out with the WSL.
Grassroots –
London Leopards
The initiatives don’t stop
at the professional level but continue down to grassroots as well as consideration
for the future capacity of the female workforce. Recently the London FA
announced their new project, the London Leopards coaching programme. The
association is offering 100 sponsored level 1 coaching places for women across
the London area, with a goal to build participation and the capacity of the
future workforce. The 100 chosen coaches will thereafter assist in delivering
introduction to football sessions for 1,000 girls aged 7-11 in London, with
seven professional club community trusts also assisting the coaches in delivering
the sessions. Clubs signed up to the project include Arsenal, Chelsea,
Millwall, Queens Park Rangers, Tottenham Hotspur, Leyton Orient, Charlton
Athletic and AFC Wimbledon. The association took action after statistics
revealed that 11% of girls aged between 5 and 9 play football, compared to 52%
of boys. This particular age group is considered key in tackling gender
stereotypes and building confidence in young girls so that they can thrive in a
football environment.[lxv]
Irish FA (IFA) – Education programme
with Ulster University
In a bid to develop the women’s
game in Northern Ireland, the IFA launched a new girls’ and womens’ football
academy with Ulster University. The association was faced with a lot of parents
not allowing girls to pursue a career in football as there was a general worry
that it would hamper their studies and future career. For those who did pursue
a career in football, many were moving to the United States to study on a
scholarship basis. This meant that Northern Ireland was losing its best talent
for 3-4 years at a time. As a result, following consultations and research, the
academy was born with a view to encouraging players to stay at home to develop
their skills whilst receiving an education from Ulster University, on a
scholarship basis (there is no requirement to choose a sport related subject).
The vision is that this will strengthen both the international and domestic
teams, whilst gaining the trust and support from parents. As well as providing
access to a first class education, the academy also provides extra coaching and
fitness training at Ulster University’s world-class facilities as well as input
from first class sports scientists and coaches from Northern Ireland and
further afield.[lxvi]
Scotland – Role models
& the future development of a professional league
Role models are particularly important in growing
participation and crowds. Currently, there appears to be a lack of sports women
or female footballers who young girls can look up to because our women’s teams
are not being promoted and commercialised, to their fullest potential. This
lack of exposure will no doubt be contributing to low levels of participation,
as a result. The Scottish FA recognised this and as a result in 2017, created
28 dedicated Girls’ Soccer Centres across Scotland. Each of the Soccer Centres
are named after members of the Scottish national women’s team with individual
team members appointed as ambassador for the centres within their home regions,
providing a visible female role model for the participating girls. The Soccer
Centres are aimed at ages 5 to 12 and are run in partnership with local
authorities and clubs to deliver weekly active sessions for girls in a relaxed
and friendly environment. The Centres strive to perfect girls’ football skills
whilst growing their self belief and confidence which as described above is all
so very important if girls are able to integrate in mixed gender football
environments, as well as succeed at elite level. Some of the ambassadors
engaging with young participants include Joelle Murray, Kim Little, Lisa Evans,
Leanne Ross, Jane Ross and Jo Love. There are plans to potentially extend the
concept of Soccer Centres in the future to ages 13 and above, as well as
adults.[lxvii]
Plans are also underway to develop the top flight of
women’s football in Scotland, the Scottish Women’s Premier League, into a
semi-professional level within the next three years, and reaching full
professional level earmarked for the future. Over the last few years, the
league has been re-branded and new commercial models implemented by the
association, Scottish Women’s Football, that resulted in the likes of SSE and
Scottish Building Society offering increased sponsorship opportunities. As a
result of the increase in sponsorship, the association was in a position to cut
entry fees into the Cup competition which allowed more clubs to enter which in
turn, increased the level of competitiveness. The commercial model also has a
strategy on broadcasting and social media, with live streaming having been
offered since 2015 as well as having deals with local TV. Since the re-branding
and increased commercial success, attendances and fan engagement has spiked – a
trend that is only set to continue with further commercial opportunities set to
capture audiences in the pipeline.[lxviii]
The female face of the FFF
Gender equality policies in
France, in general have developed since the 1970s and represent a comprehensive
legal framework covering a wide range in social, political and economic life.
The country has a longstanding tradition of legislating in favour of gender
equality and fares 57.1 points on the Gender Equality Index of the European
Institute for Gender Equality (EU average is 54).[lxix] It is
perhaps against this backdrop that The French Football Federation has been
described by some as a “venue for revolution”, with 40% of its current
workforce made up of females with no role “seemingly out of reach”.[lxx] The
Federation’s Vice President is female as is the CEO, who was also the first
woman on UEFA’s Executive Committee and is currently looking to double the
quota of women, arguing that it should not be seen as an “obligation”. Like
England, women’s football in France was also banned following World War 1 and
thereafter, the ban was lifted in 1970. Revolutionary steps are being taken on
a regular basis in an attempt to address the gender equality issues that exist
in the country with French Club, Clermont, becoming the first club in a major European
league to appoint a woman as manager of a men’s team.
However, whilst the positive
gender equality images appear to be reflected in executive positions, there is
still a general struggle with traditional French media with a recent study (as
of September 2017) revealing that out of 1,327 news pages with a focus on
football only 2.1% were reporting women’s football. Of the 2.1% who do report
on the women’s game, sexist language is often used, drawing on stereotypes, and
using inappropriate language.[lxxi] This
attitude may be reflected by legislation not yet reaching media and gender stereotypes,
an area of which is very much an emerging domain and may be a focus for future
legislation. This lack of media coverage is despite the fact that the French
Women’s League, Division 1 Feminine,
is arguably the best paid women’s league in the world (broadcast by M6 and
CanalPlus) hosting the best two teams in Europe, Lyon and PSG. France is
set to host the 2019 Women’s World Cup and it is yet to be seen, however,
whether the tournament will spark national newspaper interest. The games are
due to be aired free to viewers, in France, which will therefore expose the
women’s game to a wider audience and hopefully influence young girls to
participate. The all French, Women’s Champions League Final, was watched by
2.7m people live on French national TV and therefore, it is evident that the
audience is there if the product is promoted appropriately.
Women’s football in Australia
Australia is currently ranked sixth
in FIFA’s world rankings for women’s football and the Football Federation
Australia (FFA) has taken bold steps to develop the women’s game over the last
couple of years, leading to an increase in spectators by 32%. The key parties
for women’s football, in Australia, are the Matildas (the national team) and
the W-League (the domestic league), which is also run by the FFA. The league is
sponsored by Westfield and players are
able to transfer to another club at the end of each season, by a free transfer.
Notwithstanding that, in a bid to make sure that players were not ‘paying to
play’, the FFA introduced a minimum wage of $10,000 for participation in the
League.[lxxii] A
figure that can, of course, be improved but is evidence of change being forced
through.
The FFA is aiming to target
younger athletes and spectators and in a bid to do so, secured federal
government support to allow them to tender for the Women’s World Cup in 2023.
Notwithstanding that, the federation has revised its marketing strategy and has
achieved an increase in televised matches from 14 to 21 and the W-League logo
is now included on media passes for all FFA events, whilst included in A-League
(men’s league) marketing campaigns, in an attempt to raise brand awareness. The
increase in televised matches is aimed to address concerns that fans are unable
to follow the progress of their teams, other than via live updates on Twitter.
In 2015, Football Federation
Australia (FFA) and the Professional Footballers Association Australia (PFA)
announced a four year ‘Whole of Game’ collective bargaining agreement that
delivers affordable increases in player payments and improved conditions for
players across the Australian men’s and women’s national teams, as well as the
men’s A-League. The PFA has also committed to provide improved player contract
security, as well as increased incremental investment in player welfare and
development programmes over the term.[lxxiii]
Commercial
Opportunities for Women’s Football
source: Internationalwomensday.com
Modern sport is a big business industry and is now a
‘product’ in its own right. Licensing, merchandising, commercial exploitation
of image and sponsorship rights are all money-spinners – there is no reason why
women’s football should not be able to take advantage of that. According to a
report on commercial opportunities in women’s sport, only a tiny percentage of
sponsorship and broadcast expenditure is invested, thousands of times less than
men’s sport. In relation to the UK’s total sponsorship expenditure, women’s
sport receives less than one percent. The share of broadcasting fees is even
less.[lxxiv] This pattern was also
evident in FIFA’s 2014 survey that found only 29% of MAs have a women’s
football sponsor. However, it would be ignorant to suggest that the reason for
that is because of a lack of public interest in women’s football. The recent
Women’s World Cup match fixture between England and Germany, at Wembley, attracted
a crowd of 55,000[lxxv]
and 2.5m viewers tuned in to watch the team’s 2015 semi-final fixture against
Japan. The figures continue to be impressive at league level with 1.5m tuning
in to watch the SSE Women’s FA Cup Final, with a live crowd of 32,912 at
Wembley.[lxxvi] Currently, despite the
growing numbers, only 4% of sport media content is dedicated to women’s sport
and only 12% of sport news is presented by women. Long gone are the days where
the reason for such inequality and lack of broadcast can be blamed on the
absence of an audience or disinterested public, as demonstrated by the numbers
above. The audience is there and if football’s stakeholders are willing to
invest and the media plays their part, the women’s game could enjoy
unprecedented success.
The first point that should be addressed with
potential commercial partners when it comes to women’s football is that it is a
completely different product from the men’s game with a different type of
audience with different interests to those who attend every Saturday to watch
men’s football. The product does not exist as a comparison to that of the men’s
game and therefore should not be sold as such – a different strategy is thus required
to sell the product. There are a number
of key selling points that can be used to entice potential commercial partners.
For instance, in the UK, it is the most popular sport for women and this is
likely to be the case further afield, it is also played at a slower pace than
the men’s game, emphasising the technical skills on display. For lifestyle
brands, it is also not as aggressive as men’s football and the live viewing
experience has a much more family friendly feel to it.
Women’s football in particular presents a new
unsaturated market for broadcasters and sponsors to invest in with more
affordable and cost-effective rates than those on offer in a significantly
saturated men’s football market. Notwithstanding that, women’s football
provides a new audience and opportunity for brands, broadcasters and rights
holders to engage in creative marketing when showcasing their product. It is
the perfect opportunity for brands that have not traditionally sponsored men’s
sports to take their strategy in a new direction, as well as for clubs to
partner with brands out with the alcohol and gambling industry.
At a time when female empowerment and women’s sport
is high on the agenda, brands are becoming aware of the fact that women are
growing increasingly intolerable of being represented by unrealistic
stereotypical images and they are only too aware that they must take the
responsibility to represent women for who they really are rather than the
stereotypical role that they were once historically boxed into, by men, during
what was a very misogynistic time in society. It is, thus, the perfect
opportunity for associations and brands to take advantage of this shift in
social attitudes, as the use of women’s sport in brand marketing is the perfect
solution to capture, empower and influence the targeted audience.
The opportunity for brands to become involved in
equality initiatives, through women’s football, and in turn meet their
corporate responsibility goals should not be underestimated. There are already
examples of this playing out in the football industry. If we take the example
of Lewes FC again, the club recently secured an endorsement deal with
athletic-wear brand, SKINS, after the company purchased a life ownership share
in the club (50% paid by SKINS with the remaining 50% paid by its staff and
global partners). The new relationship will see the club supported in
encouraging more opportunities within women’s and girl’s football both domestically
and abroad, whilst its initiative Equality FC will be promoted by SKINS across
“all territories and specifically with partners and consumers across the
world.” As part of the endorsement deal, SKINS will provide an equal share of
technical products for the club’s men and women senior teams.[lxxvii]
Further examples of creative marketing fusing with
gender equality issues can be found in campaigns from Avon (the sponsors of
Liverpool Ladies) and Electric Ireland (the sponsor of the Northern Ireland women’s
national team). In April 2017, Liverpool Ladies Football Club announced a new
shirt sponsorship deal with beauty and cosmetics brand, Avon, for a three year
period. The move saw Avon become the first independent shirt sponsor to grace
the front of the ladies’ shirt and the first time a female-focused brand had
sponsored a premier ladies football team. In announcing the deal, Avon remarked
that what had attracted them to the team was the opportunity to empower women
and help break down social barriers and challenging stereotypes. Roll on six
months, and a joint gender equality campaign entitled “I can be” was launched
by Liverpool and Avon following a survey that revealed nearly one third of
women believe that their gender has held them back due to social barriers and
stereotypes placed on being female. The campaign has its own dedicated website,
a hashtag for social media conversations (#ICanBe), as well as ‘Fiercely
Feminine’ - a short film featuring members of the ladies football team all of
which aim to tackle gender stereotypes and provide much needed role models to
young girls. The campaign encourages other women to share their stories of
gender stereotypes and whether they feel they have been held back as a result.
More initiatives will be added to the campaign during the course of 2018.[lxxviii]
It is particularly important that associations and
clubs take the steps to try and increase their media coverage of the women’s
game through their own social media channels (the content of which they can
control). Using athletes/players on social media channels as well as on their
own social media to create content and engage with followers will increase
exposure and in turn, sponsorship and endorsement opportunities. Keeping a
record of coverage as well as hits and impressions can provide strong evidence
of the value of the rights an organisation can provide to brands. As discussed above, the
women’s game has to be marketed in a different manner to that of the men’s
game. Stories of equality, the empowerment of women and the increased growth of
the game both in terms of participation and spectators will all be of interest
to brands as well the family audience and values that are inherent in the game.
It is particularly important for rights holders who
have both men’s and women’s teams to give careful thought as to how commercial
rights are presented and sold. Historically, many organisations have been
tempted to sell the rights as a package: if brands want a slice of the men’s
pie, then the women are part of the package – it’s a buy one get one free, so
to speak. However, this is not the most effective way of achieving the best
results as brands will naturally be attracted to putting all their time and
effort into the men’s game as currently that is where the most exposure is to
be gained – this, in turn, blocks opportunities for the women’s game. As
discussed above, as a club or association there is a creative opportunity to
tailor what you can offer to a brand’s objectives. For instance, utilities
company, SSE sponsors the Scottish Women’s Cup, as well as the FA Women’s Cup
and has pledged a commitment to supporting women at every level, from helping
local clubs to get girls playing, right up to sponsorship at
semi-professional/professional level. The sponsorship is not add-ons to the
men’s game but unique to women’s football. The company tapped into data that
they had collected when exploring new opportunities for the brand. Research
they had carried out confirmed that only 20% of fathers would encourage their
daughters to play football. This led to the SSE dads and daughters campaign
which aims to get more young girls to start playing football with the support
of their dads It celebrates fathers around the UK who have played a major part
in encouraging their daughters to get involved in sport, in general. The
message is more positive and stronger as a result of brand objectives being in
line with those of the women’s game. Likewise, in Northern Ireland, utilities
company Electric Ireland chose to sponsor the women’s national team and launch
their equality initiative, Game Changers. The company did not see the women’s
game as a pathway to the men’s market and instead considered it was the perfect
outlet to achieve their own objectives. The initiative seeks to break down the
perceptions that exist around women’s football and celebrate female football
talent as well as boost participation beyond the 10,000 who currently play
football each week in Northern Ireland. The utilities company was the official
sponsor of the UEFA Women’s U-19 Championship that was held in Northern Ireland
in 2017, and which sparked great interest in the women’s game on the island of
Ireland as a whole. Electric Ireland also sponsor the Girls’ Post Primary
Schools Football and Schools Cup as well as the Women’s Challenge Cup.
In November 2017, UEFA announced that it was going to
unbundle the rights to the Women’s Champions League which had original been
sold as a package, along with the men’s Champions League. This move is very
much welcomed for the reasons described above and kickstarts a very exciting
time for the commercialisation of women’s football. The European governing body
is to start from a blank canvas and is already holding consultations with
various brands to discuss what it is they are looking for from sport
sponsorship. The goal is to grow the number of girls playing football across
Europe and establish it as the number 1 sport for women. For UEFA, there has
never been a better time to do so with more flexibility in the women’s game,
more access to opportunities and less restriction on broadcasting. However, it
will take time and long term investment is key. The governing body also has a
focus on its own social media accounts to grow the women’s game and has seen
Facebook followers increase from 8m to 9m in the space of one year.[lxxix]
It is, however, important to remember that women’s
football continues to be at risk of sexualisation from sponsors and
broadcasters. Clubs should be mindful of this when exploring commercial opportunities
– the most recent example comes from adidas who caused outrage when they chose
to promote the women’s Colombia shirt using an ex Miss-Colombia model rather
than one of the female players[lxxx]. Sponsors who have
discovered the positive returns that women’s football can drive include the
likes of Avon, Disney, Nike, Save the Children and SSE.[lxxxi]
Women in executive
positions in football
Perhaps one of the most difficult roles for women, in
football, to break into are executive positions. FIFA’s 2014 survey found that
out of all executive positions, only 8% were filled by women (which equates to
1.1 female per MA). This figure serves as a stark reminder of the difficulties
that women face in securing senior positions in the football industry. Sepp Blatter
hit the nail on the head when he openly remarked: “Football is very macho. It’s so difficult to accept women in the game.
Not playing the game, but in the governance. It’s easy in basketball, it’s easy
in volleyball, it’s easy in athletics. It is no problem. But in football, I
don’t know. There’s something very reluctant.”[lxxxii]
However, this attitude is not exclusive to the sports industry as women are
under-represented in corporate leadership, across all industries. As such,
steps are being taken at government level to address this in a number of
jurisdictions.
In Scotland, the Scottish Government has taken steps
to try and address the gender gap on boards with the introduction of its 50/50
by 2020 programme.[lxxxiii] Public, private and
third sector organisations are encouraged to set voluntary targets of 50/50 on
boards by 2020. sportScotland, the national agency for sport, is just one of
the many organisations to have set and met their target of 50/50 in February
2017.[lxxxiv] Further, the UK
Government’s organisation for directing the development of sport, UK Sport,
introduced a Code for Sports Governance in 2016 that sets out criteria that
sport organisations, seeking government and national lottery funding, must meet
in order to receive funds. One requirement is to have 30% of each gender on the
board.[lxxxv]
In Norway, legislators have introduced positive
discrimination quotas obligating organisations to ensure that women fill at
least 40% of seats on boards. At the time of implementation, in 2004, the law
was heavily criticised as being impractical and risking inferior experience on
boards. However, evidence suggests that the caliber of women on boards is just
as high if not higher than men and had the quota not been introduced, the
gender gap on boards would have remained vast.[lxxxvi] In a 2016 study
carried out by Harvard Law School, Norway was the only country to have achieved
an average of over 40% of women on boards and in terms of general gender
equality it remains second in the world, behind Iceland.[lxxxvii] Whilst societal
attitudes are likely to remain the most effective route for closing the gap, it
is clear that hard laws have a significant impact on increasing gender
diversity in the boardroom.[lxxxviii]
Moving Forward – What
measures should be implemented to address gender inequality in the football
industry, globally?
Gender inequality exists to some extent in most
occupational industries but it is difficult to pinpoint another industry where
the deficit is so vast, than that of sports. Despite inequality being present
in parliament, the clergy, and industries such as technology, medicine and the
space industry, the statistics continue to be much more appealing than those
seen in sport, and football in particular. As discussed, hard laws and positive discrimination have a
significant impact in tackling gender inequality. Whilst progress is being made
in football, the rate in which the gender gap is closing is underwhelming and
failure to implement specific regulations, with positive discrimination in
mind, will only maintain the status quo that we have come to know only too
well. With that in mind, can legislators take further steps to effect
much-needed change and could football’s world governing body (and its confederations)
force the change that will effectively shape the social perceptions of future
generations to come.
Proposals at Government level (with fines to be imposed for
non-compliance):
Prohibition of gender segregated sports at grassroots level
Legislation should be introduced to prohibit segregated
gender sports until it becomes unsafe to do so or there is a clear imbalance in
physical ability, in that women are unable to compete. Such steps will assist
in the fight to eradicate the social norm that football is not for women but it
also allows young girls to develop their skills and continue to develop those
at a level suitable to them, allowing them to reach a professional elite stage.
Equity in school and university athletic programs similar to Title IX
Introducing such provisions will provide female
athletes greater access to sport and equal opportunities to participate and
develop their skills, allowing females to realise their potential in any given
sport, regardless as to whether it was traditionally considered to be for men.
Positive discrimination quota for women in executive roles - 50/50 by
2023
Attacking societal attitudes and barriers regarding
women is key to effecting gender parity. It is true that attitudes have largely
evolved since the 1960s/1970s but many continue to linger in traditional sport.
Without forcing change, it is likely that men will continue to dominate the
board rooms for decades to come.
Enforcement of equal pay legislation
Despite the enactment of equal pay legislation in
many jurisdictions, women continue to be paid less than men for work of equal
value. It is therefore evident that legislation alone, without significant
sanctions, fails to deter employers from favouring men on the pay scale. If
change is to be effected, organisations must be regularly audited and certified
as paying equal wages for work of equal value. If organisations fail such an
audit, daily sanctions will be imposed until the disparity is addressed.
Enactment of legislation that requires publication of gender pay gap in
public domain
As has been recently seen in the United Kingdom,
implementing a measure that requires an organisation to publish their gender
pay gap information can also act as a deterrent to employers who may be
thinking of favouring a male employee over a female, in terms of pay. The
publication of information that highlights significant disparities can be a
public relations disaster and spark public outrage. This, in turn, effects business
opportunities as well as the relationship between an employer and its
employees.
Companies obligated to undergo independent equality reviews and commit
to action plan to address any gender inequalities and/or pay gap identified
Introducing stringent measures on employers can
result in significant pressure in relation to time and resources on an
organisation. Implementing reviews and action plans can provide organisations
with vital support when addressing any gender equality issues, whilst ensuring
that any disparities are addressed effectively and as quickly as possible.
Mandatory requirement for publicly-funded broadcasters to air equal
share of each gender’s fixtures
The promotion of women’s sport, in general, is key to
its development. As described above, there is evidence that there is an audience
to capture, if the product is marketed and promoted effectively. However, the
media has its part to play also and must be seen as a positive partner to work
with in the promotion of women’s sport. For that reason, if a broadcaster is to
receive public funds it should be giving an undertaking that it will commit
itself to air an equal share of both men’s and women’s sport.
Proposals for FIFA and Confederations (non-compliance will result in
expulsion from FIFA competitions and monetary sanctions):
FIFA & Confederations to increase investment in women’s football by 30%
by 2020
Football’s governing bodies and stakeholders will have
to disproportionately invest in the women’s game to allow for greater
development and growth. When faced with an inherently discriminatory market, it
is essential that stakeholders are not allowed to sit back and wait until the
game generates its own revenues and crowds before taking an active interest. In
order to allow member associations to meet the following targets, financial
support will be required for many to allow them to put effective programmes
into place. Further funding can be provided to the game through further redistribution
of men’s tournament money as well as a larger percentage of revenue gained from
corporate sponsorship of the men’s game being redistributed for the development
of the women’s game.
Any financial support provided to Member Associations must be caveated
It is essential that if MAs are to receive funds
designated for the women’s game that it is provided with a caveat that states
that existing women’s budgets have not to be ‘adjusted’ following receipt of
the funds. It is essential that any funds received increase the budget and
evidence should be provided by associations to confirm that that is in fact
occurring. Audits and transparency are key to prevent ‘creative accounting’.
All MAs to form a women’s domestic league and national team by 2025
It should be mandatory that all member associations
aim to have a women’s domestic league and a national team by 2025. It is
evident (as detailed above) that successful women’s leagues and teams can
challenge social perceptions. Realistic role models are required to influence
the younger generation of females and having a league and national team in
place not only provides that but increases awareness of the women’s game as
well as challenging social perceptions in specific jurisdictions, inspiring
young girls whilst boosting their self-confidence and sparking local media
interest.
All MAs to create a women’s football department by 2022 comprising 60%
full time roles and 40% part time roles
A dedicated team is required for the effective
development and management of the women’s game. Associations without a
dedicated women’s football department will not achieve the same results as
their counterparts, as more time will naturally be given to the men’s game. As
discussed above, the women’s game is an entirely different product to that of
the men’s and therefore requires a different strategy. A dedicated women’s
football department will recognise that and establish goals and strategies of
benefit to the women’s game.
All MA board members to be comprised of 40% women by 2023
One of the most difficult positions for women to
break into, within the football industry, are executive positions. Women have
experienced a real reluctance to allow them to take up positions within
boardrooms with FIFA’s ex-President openly agreeing. In order to achieve
significant growth of women in executive positions, a quota should be imposed
by FIFA and the Confederations not only on themselves but across all MAs, to
have at least 40% of board members being female by 2023. The hope is that
naturally once this quota is achieved, organisations will naturally progress to
an equal representation of both genders on their boards.
Independent gender equality audits to be carried out at every MA and MA
clubs by 2020, with any subsequent action plan to be met by 2023
Introducing stringent measures on associations and
clubs can result in significant pressure on resources, with many clubs already
struggling to keep their heads above the water. Implementing reviews and action
plans, via equality expert groups, can provide associations and clubs with
vital support when considering any gender equality issues present, whilst
ensuring that any disparities are addressed effectively and as quickly as possible.
FIFA & Confederations to aim for 50% of all coaches in women’s
football to be female by 2023
A study in 2014 revealed that only 7% of coaches
worldwide are female. This statistic highlights that coaching is not a role
that females consider they can engage in either because of lack of
opportunities or as a result of the working environment they may be faced with.
There have also been reports that women coaches are being “squeezed” out of the
game, as described above. Implementing a quota will force stakeholders to
positively address this statistic by implementing tailored coaching programmes
and actively recruit female coaches, narrowing the gender gap.
Specific training programme for female referees to be implemented with
goal to increase number globally by a further 20% by 2023
Again the 2014 study revealed that only 10% of all
registered referees are females. Why is that? It could be for a number of
reasons but again it is likely that lack of opportunities, access to training
and lack of confidence in the environment faced will all play a significant
part in the statistic. Specific training programmes that build on confidence,
skills and fitness will attract more women to the game through further access
to the sport, whilst focusing on the key factors that deter women in the first
place.
FIFA Confederations to require clubs to form women’s teams and allow
access to same (or equal) facilities and equipment by 2025. Failure to do so
will result in refusal of license to enter confederation competitions such as
UEFA Champions/Europa League.
Again, as above. It is evident that successful
women’s teams can challenge social perceptions. Realistic role models are
required to influence the younger generation of females and having a league and
national team in place not only provides that but increases awareness of the
women’s game as well as challenging social perceptions in specific
jurisdictions, inspiring young girls whilst boosting their self-confidence and
sparking local media interest. It is important that failure to
implement a women’s team is heavily sanctioned and refusal of entry to
confederation competitions where many clubs earn their revenue, will hopefully
force clubs to actively develop their women’s teams.
Confederation member clubs who have women’s teams to carry out survey
into the fans of those teams by 2020: For example, where are they from; what
are their interests and activities outside of sport.
As discussed above, the women’s game allows for
creative marketing strategies and provides an opportunity for clubs to reach
new audiences and brands, particularly in the lifestyle industry. Carrying out
such surveys will allow clubs to engage with fans, influence marketing
campaigns and effectively pitch for commercial opportunities, all of which will
generate further funds for the game.
Implement minimum employment and legal standards across all women’s top
tier leagues, to include minimum requirements for employment contracts, maternity
support, childcare support and access to dispute resolution services whether a
player is considered professional or semi-professional.
The recent FIFPro study highlighted some worrying
trends across women’s football but very helpfully narrowed down the key issues
that female players consider would make them leave the game early. These
included contract instability, poor working conditions and lack of maternity
and childcare support. Losing the game’s best talent whilst at their peak is
detrimental to the game and has the potential to halt its development, just
when the momentum is growing. The FIFPro website also highlights that in some
jurisdictions, female players may not have access to a players’ association and
therefore it is imperative that players have access to a dispute resolution
service where grievances can be voiced and thereafter resolved, independently.
It is essential that players have access to justice. Implementing minimum
standards can go a long way to addressing the concerns raised in FIFPro’s
study, if they are policed effectively, and keep female players in the game.
Dedicated women’s whistleblowing service
Women must be confident that they can report
grievances and trust that their complaint will be dealt with sensitively and
without victimisation. This is particularly so where harassment and sexual
harassment is concerned. Given that, a dedicated robust whistleblowing service
would be welcomed.
Training compensation scheme tailored for women’s game to be implemented
Provisions for training compensation and solidarity
mechanism are currently not available for the women’s game. The rationale behind
this is that FIFA considers it would hamper the development of the game. In a
decision rendered by FIFA’s Dispute Resolution Chamber, it was confirmed that
training compensation did not apply to female players. It was concluded that
the system of training compensation encouraged the training of young players
and creates stronger solidarity among clubs by awarding financial compensation
to clubs have invested in training young players. The DRC unanimously agreed
that the ‘reality of women’s football
significantly differs from that of the men’s game. The budgets, expenses and
costs currently involved in each are certainly not comparable … the system of
training compensation currently provided for by the Regulations was established
to serve the reality of professional men’s football, however, not to be applied
in an environment still in a developing phase status of the women’s game.’ In
the author’s opinion, there is no reason why a tailored training compensation
system could not be applied to women’s football. The budgets, expenses and
costs involved are, of course, very different to that of men’s professional
football, however, the financial position in many jurisdictions out with the
top 5 leagues differ starkly and they still require to pay training
compensation, and are also eligible to receive it. Further, the argument that
the women’s game should be exempt because it is at a developing stage is also
not totally robust from argument. The idea of training compensation is to award
the training of young players and encourage development. Financial compensation
appears to be a significant incentive for clubs to become involved in the
training of female footballers where there is arguably a lack of interest from
some clubs as well as a shortage of significant pools of players, and many
jurisdictions without a professional league where clubs are training players
only to have them shipped to other jurisdictions where professional, full-time,
careers are an option. Training compensation would provide those clubs with
financial remuneration (much needed, in some circumstances) in return to
encourage further development of the women’s game. However, that said, it is recognised
that training compensation does come with its own drawbacks and can serve as a
hindrance to players when signing their first professional contract. Even in
the men’s game, clubs can be put off signing players if training compensation
also requires to be paid.
Potential challenges for associations/clubs implementing
gender equality measures
It would be ignorant to suggest that the above
measures could be easily implemented with great success. It is inevitable that
in imposing such stringent measures governing bodies will be faced with
backlash and criticism – and for good reason as many will be struggling to stay
out of the red without the financial burden of attempting to develop women’s
football. Unfortunately, a great number of national associations (and they are
probably in the majority rather than the minority) do not have the wealth of
resources available to them like some of their counterparts and to force
through certain proposals (without adequate support from FIFA and/or the
Confederations) would be financially crippling. In order to make the decision
to invest long-term in the women’s game, many clubs/associations will have to
be financially sound and have money to spare. For a number of clubs, across the
globe, the imminent strategy will naturally be on making it to tomorrow as a
result of being in the trenches. However that said, a number of associations
(including those with limited resources) have recognised the opportunity to
attract a different kind of fan base to the women’s game and are working
tirelessly to implement various initiatives at grassroots level. Support from Confederations
will be heavily relied upon, by associations with limited resources, in order
to develop women’s football both at grassroots and elite level.
Notwithstanding general finances, some associations
are faced with other burdensome circumstances that would make the development
of the women’s game challenging. For instance, requiring that national
associations form professional women’s leagues in jurisdictions where the men’s
leagues are not at that level either would be near-impossible. Jurisdictions
may find themselves faced with such a situation due to a number of complex
issues faced in that country, as well as competing sports. For example,
Northern Ireland is a region where citizens love football but their allegiances
are often focused on clubs elsewhere in the UK. For instance, many of the NI
League’s potential fans will actively support Celtic and Rangers, based in
Glasgow, instead of regularly attending domestic fixtures for the likes of
Linfield and Cliftonville. Likewise, there is also a large contingency of fans
who would pledge their allegiance to clubs in the Premier League such as
Manchester United and Liverpool, rather than Glenavon and Crusaders. The issue
for associations faced with this particular set of circumstances is persuading
the fan-base to stay at home for the local clubs rather than going elsewhere –
a problem faced by some in the men’s game before one even considers the women’s
game.
Additionally, implementing gender equality measures
in certain jurisdictions may prove particularly challenging due to significant
difficulties already faced in their cultures/society. For example, FIFA and Confederations
such as the AFC and CAF would likely run into obstacles in attempting to impose
a number of the above proposals in certain jurisdictions that lack gender
equality laws, in everyday life. Take the Middle East, for example, despite
having a women’s international football team, Iran recently arrested 35 women
simply for attempting to attend a live football match as spectators, the match
of which was also attended by FIFA President, Gianni Infantino. Iran barred
women from attending football games in 1979, following the Iranian Revolution
and women have been protesting their rights, ever since but to no success thus
far.[lxxxix] The ban also extends
to volleyball matches. However, progress has been made in Saudi Arabia where in
January 2018, women were permitted for the first time to watch live football
matches in a stadium, albeit in a segregated area from the men. The country has
been slowly granting rights to women over the last months, following increased
calls from activists, and also recently hosted its first women’s squash
tournament as well as introducing a women’s basketball tournament for
universities. The plans for gender reform are part of the Saudi Government’s
Vision 2030 programme, led by Crown Prince Mohammed bin Salman. However, there
are still many activities that women cannot carry out without permission from
the men in their family. Those include: applying for passports, travelling
abroad, getting married, opening a bank account, starting up certain
businesses, getting elective surgery, and leaving prison.[xc] The struggle, however,
does not stop in the Middle East as there are a number of countries that have
been identified as having poor gender equality laws including Egypt, Mali,
Morocco and Chad.[xci] In
Gambia, the women’s game lacks money as well as infrastructure. Teams are forced
to play on sandy pitches with goals with no nets. The majority of the
population is Muslim with a tribal society. There are many cultural barriers
faced by females in society including female genital mutilation and child
marriages and as a result, there are a lot of challenging issues when it comes
to the development of the women’s game. However, despite that Gambia has a
women’s football league and the sport is continuing to grow in participation
amongst girls, whilst challenging the social perceptions within the country. It
is a work in progress but one that shows great promise.[xcii]
Conclusion
In the author’s opinion and where sport is concerned, equality laws
that have sought to change cultural barriers and end discriminatory practices
have not had their intended effect and has constantly failed to protect women,
in sport, from sex discrimination. Evidence, from across the globe, suggests
that sex discrimination is still present in a number of industries and whilst
sport is certainly attempting to tackle it, the sport industry continues to be
one of the worst offenders. Domestic stereotypes and responsibilities continue
to be a barrier for women pursuing a career in the football industry and more
should and can be done to address that. The market force defence continues to
be a barrier to women pursuing careers in the football industry. The market
faced by female footballers is inherently discriminatory due to multiple
cultural barriers and stereotypes that result in gender inequality across the
industry. Further guidance for associations and clubs can and should be
implemented with sanctions for offenders.
Showcasing the sport alone, without equality measures in place, is
not enough to increase participation in football. FIFA and the Confederations are
in a unique position to effect global change and change a future generation’s
social perceptions, even influencing cultural change in some of the most
challenging countries, if they choose to carefully implement policies with
gender equality in mind and enforce their position regarding sex discrimination
under Article 4 of the FIFA Statutes, with stringent sanctions. As discussed, the biggest challenge for women’s
football is attacking societal attitudes that have sadly become the norm and
caused a reluctance to invest. Huge funding disparities between the men and
women’s game result in fewer opportunities for females to play, inadequate
coaching and facilities, as well as early retirement due to a lack of financial
rewards. This, in turn, affects the quality of the product. Whilst
opportunities for women to make a career in the football industry appear to be
improving, there is still much work to be done to achieve gender parity. This
is supported in a 2016 Women in Football survey that found 90% of women
considered more could be done to improve opportunities for women in the
football industry.[xciii]
It should not be considered idealistic for football stakeholders to
try and address societal attitudes through the game of football. Instead, taking
action should be considered as a means to reap further benefits for the
football industry by attracting new audiences and commercial opportunities. There
is, of course, also a wider community benefit by opening the game up to more
people in terms of participation and spectators. If we are to build and develop
the game there must be a sustained commitment from football stakeholders to
develop, market and promote the women’s game, with the injection of
disproportionate investment. In the author’s opinion, growth can be achieved
through the use of hard law at government level as well as binding regulations
from football’s governing bodies, coupled with sanctions for non-compliance.
Only then will we achieve the goal of accelerated growth and gender parity in
women’s football. Women have too much to offer, both on and off the pitch, to
be kept on the sidelines.
“If we
build it, they will come”
References
[i]
https://www.livestrong.com/article/247625-gender-discrimination-in-sports/
[ii] Wellard, I, Rethinking Gender and Youth Sport, (2007)
Routledge, 85
[iii] Dunn C, Football and the Women’s World Cup, Organisation, Media and Fandom,
(2016), Palgrave, 1-7
[iv]
http://www.thefa.com/womens-girls-football/history
[v]
http://www.bbc.co.uk/news/magazine-30329606
[vi] Dunn, C, The Roar of the Lionesses, Women’s Football
in England, (2016), Pitch Publishing, 13-16
[vii]
http://fortune.com/2017/06/08/serena-williams-highest-paid-athlete/
[viii]
http://nytlive.nytimes.com/womenintheworld/2015/07/10/the-inspiring-story-of-how-venus-williams-helped-win-equal-pay-for-women-players-at-wimbledon/
[ix]
https://www.theguardian.com/uk/2009/aug/13/olympics-women-boxing
[x]
http://time.com/money/4265912/equal-pay-tennis-djokovic-williams/
[xi] http://resources.fifa.com/mm/document/affederation/generic/02/78/29/07/fifastatutsweben_neutral.pdf
[xii]
https://www.theguardian.com/football/2015/mar/27/womens-football-hope-powell-fifa-world-cup
[xiii]https://resources.fifa.com/mm/document/footballdevelopment/women/02/52/26/49/womensfootballsurvey2014_e_english.pdf
[xv] Ibid
[xvi]
https://www.telegraph.co.uk/football/2017/12/15/huge-gulf-gender-inequality-football-highlighted-fifpro-report/
[xvii]
https://www.fifpro.org/news/who-s-next-explaining-the-norwegian-football-pay-deal/en/
[xviii]
http://www.sportspromedia.com/news/fa-approves-new-full-time-structure-for-womens-super-league
[xix]
http://www.independent.co.uk/sport/football/international/republic-of-ireland-womens-team-threaten-strike-fai-a7666476.html
[xx]
https://www.fifpro.org/news/irish-women-falling-behind/en/
[xxi]https://www.fifpro.org/news/irish-women-s-team-considers-strike/en/
[xxii]
https://www.fifpro.org/news/irish-women-s-team-negotiate-deal/en/
[xxiii]
https://www.fifpro.org/news/danish-women-s-world-cup-conflict-explained/en/
[xxiv]
https://www.fifpro.org/news/significant-pay-raise-for-dutch-women/en/
[xxvi]
https://www.fifpro.org/news/female-players-help-resurrect-chilean-football/en/
[xxvii]
http://www.insideworldfootball.com/2017/09/25/argentinean-women-refuse-play-afa-funding-barely-covers-expenses/
[xxix]
https://femalecoachingnetwork.com/2017/10/09/brazilian-women-soccer-players-latest-protest-inequality/
[xxx]
https://www.fifa.com/fifa-world-ranking/ranking-table/women/index.html
[xxxi]
https://www.bloomberg.com/news/articles/2017-10-13/u-s-women-s-soccer-s-argument-for-equal-pay-just-got-stronger
[xxxii]
https://www.thenation.com/article/us-womens-soccer-is-more-popular-than-mens-but-the-players-are-still-paid-less/
[xxxiii] https://www.nytimes.com/2016/04/22/sports/soccer/usmnt-uswnt-soccer-equal-pay.html
[xxxiv]
https://www.fifpro.org/en/women-football-committee/pfa-s-with-female-members
[xxxv] James, M, Sports Law 2nd Edition, 2013, Palgrave MacMillan,
249-251
[xxxvi]
Wadham, J & Others, Blackstone’s
Guide to The Equality Act 2010, 2011, Oxford University Press, 91-92
[xxxvii]
James, M, Sports Law 2nd
Edition, 2013, Palgrave MacMillan, 257-258
[xxxix] Blainey v Ontario Hockey Association
(1986), 26 D.L.R. (4th) 728 (Ont. C.A)
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[li]
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[lii]
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[liii]
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[lvii]
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[lix]
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[lx]
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[lxi] http://www.theargus.co.uk/news/16043230.All_aboard_to_tackle_equality_in_football/
[lxiv] Article by
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[lxvii] https://www.scottishfa.co.uk/football-development/participation/girls-womens-football/soccer-centres/
[lxix]
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[lxx] https://www.theguardian.com/football/2018/feb/02/corinne-diacre-first-woman-coach-mens-team-france
[lxxi]
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[lxxii]
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[lxxiii] FFA Annual
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[lxxiv] https://www.womeninsport.org/wp-content/uploads/2015/04/Prime-Time.pdf?x99836
[lxxv]
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[lxxvi]
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[lxxvii] http://fcbusiness.co.uk/news/lewes-fcs-equality-project-gains-international-endorsement/
[lxxviii]
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[lxxxi]http://www.independent.co.uk/sport/football/womens-football-england-commercial-landscape-and-why-its-in-better-shape-ever-a7875181.html
[lxxxii]
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[lxxxiii]
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[lxxxiv]
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[lxxxv] http://www.uksport.gov.uk/resources/governance-code
[lxxxvi]http://www.spiegel.de/international/business/women-on-board-norway-s-experience-shows-compulsory-quotas-work-a-705209.html
[lxxxvii] WEF Global Gender Gap Report 2017 -
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[lxxxviii] https://corpgov.law.harvard.edu/2017/01/05/gender-parity-on-boards-around-the-world/
[lxxxix]
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[xc]
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[xci]
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[xciii]
https://www.womeninfootball.co.uk/assets/genericfiles/Women%20in%20Football%20Survey%20Analysis.pdf
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