Tribunal rules turf challenge can continue as Brazil meeting mooted

Womens World Cup Canada

By Andrew Warshaw
December 9 – Both sides in the ongoing spat over the use of artificial turf at next year’s women’s World Cup have received good and bad news in the last 24 hours.

The Human Rights Tribunal of Ontario, in an interim ruling, denied the protesting players’ request that an expedited hearing – which had previously been turned down – be reconsidered.

But vice-chair Jo-Anne Pickel also rejected FIFA’s argument that, under international law, it had not received “effective legal notice” of the proceedings.

In so doing, the tribunal ruled that the legal challenge can carry on, guaranteeing further tit-for-tat developments in the saga.

“In the circumstances of this case, I find that FIFA has received effective legal notice of this proceeding,” she wrote. “I also find that all documents so far delivered in this case have been properly delivered in accordance with the Tribunal’s rules and all applicable law.”

The players allege that forcing them to play on artificial turf is discriminatory because the men play their World Cup on natural grass. FIFA argues that this is nonsense and that the laws of the game permit use of artificial turf so long as it is of high quality.

Far from discriminating against women, FIFA has been at pains to enhance the women’s side of the game but you wouldn’t know it judging by the adverse publicity the case has received.

Lawyers for the more than 60-strong elite players’ campaign immediately jumped on the interim ruling. “FIFA’s effort to evade the jurisdiction of the Ontario Human Rights Tribunal has failed,” said Hampton Dellinger.

Yet with the tournament less than six months away, the players will soon have to make a decision one way or the other. FIFA general secretary Jerome Valcke rejects the argument that he refused to talk to them at last weekend’s draw, arguing they were not available. Valcke had promised an “open dialogue” but Canadian captain Christine Sinclair was the only player present.

As a result, in his latest letter to Valcke, Dellinger has suggested an alternative platform.

“The players accept your offer to meet with them and propose doing so in Brazil during the upcoming International Tournament of Brasilia,” Dellinger wrote. “Please let me know the date and time you would like to meet with Abby Wambach, Marta Vieira da Silva, and others who can serve as designated negotiators for the players.”

Wambach and Marta are with the US and Brazilian teams at the tournament.

At Friday’s pre-draw news conference in Ottawa, Valcke was asked why he had turned down the idea of a conference call.

“I am ready to discuss with all the players, with all the technical teams, with all the coaches. But face to face,” he replied. “And that’s what I’m ready to do … I’m ready to travel to wherever I have to travel to do that.”

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