Pregnancy, Childbirth, and Contractual Security for Female Athletes: An Examination within the Framework of the Principle of Equality

Introduction: The Struggle for Rights of Women Athletes in the World of Sports

The legal, economic, and social problems faced by female athletes during pregnancy and childbirth are among the most current and controversial issues in sports law. Questions such as how pregnancy periods should be regulated in professional sports contracts, whether an athlete's contract can be terminated, and how wages and social rights should be protected are fundamental issues that must be evaluated within the framework of the principle of equality and personal rights.

On the international stage, FIFA, the IOC, and the CAS have recognized the loss of contracts due to pregnancy for female athletes as clear discrimination; in Turkish law, the principles of equality, personal rights, labor law, and contract law . The obligations of sports clubs regarding professional female athletes during pregnancy are clear and unambiguous: the athlete's physical condition, health, safety, and economic rights must be fully protected.

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1. Is Termination of the Contract Possible Due to Pregnancy?

According to the Turkish Code of Obligations, the Labor Law, and international sports regulations , pregnancy alone is not a valid reason for termination of a contract. Female athletes, however, may have the following rights due to pregnancy:

• His inability to attend training sessions,

• His inability to finish the season,

• Experiencing a decline in performance

Even situations like these are not considered sufficient grounds for the club to claim "termination for just cause".

According to CAS's established rulings:
Pregnancy is a personal right of the athlete, and therefore termination can only be considered if there is a violation of objective sporting criteria explicitly stipulated in the contract.

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2. Protection within the Framework of the Principle of Equality: Prohibition of Discrimination

Punishment of female athletes due to pregnancy:

• According to the principle of equality in Article 10 of the Constitution,

• According to the provisions of CEDAW,

• According to FIFA and IOC regulations,

• Protection of personal rights in the Turkish Code of Obligations

It is contrary.

Therefore, clubs:

• Contract termination,

• Wage deduction,

• Deprivation of rights,

• Training ban

Such practices are illegal and give rise to liability for damages.

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3. Provisions Regarding Pregnancy in Professional Sports Contracts

Modern professional contracts include specific provisions regarding pregnancy:

A. Health and Medical Insurance

The club told the pregnant athlete:

• Doctor check-ups,

• Nutritional support,

• They must provide professional support for physical fitness training
  

B. Continuation of Payment

It is essential for an athlete to continue receiving their salary during pregnancy. Deductions from their salary are against the law.

C. Maternity Leave

Granting athletes leave before and after childbirth is both a legal and humanitarian necessity.

D. Extension of Contract Term

Some international conventions stipulate that the duration of pregnancy should be added to the contract duration.

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4. Sports Safety During Pregnancy and the Club's Duty of Care

Clubs have a special responsibility to provide care to female athletes. This responsibility is further strengthened during pregnancy.

The club's responsibilities:

• Eliminating health risks,

• The training program should be adapted to pregnancy

• Determining the periods during which participation in competitions is prohibited,

• Providing personalized physiotherapy and medical support to the athlete.

Otherwise, the club will incur both legal and compensation liability.

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5. The Impact of Pregnancy on Advertising, Sponsorship, and Image Rights

Contractual conflicts may arise when female athletes are unable to participate in advertising and sponsorship activities due to pregnancy. However, the following legal principles apply:

• An athlete's pregnancy does not constitute a valid reason for termination by the sponsor.

• If the club is unable to participate in advertising activities, it cannot claim "defect" or "obstruction of performance".

• The athlete's right to their image continues to be protected.

• Sponsorship income cannot be withheld unless otherwise stated in the contract.

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6. International Regulations: FIFA, IOC, and CAS Case Law

International sports law offers extensive pregnancy protection for female athletes.

A. FIFA's New Pregnancy Regulations (2021)

FIFA has strengthened the obligation of clubs to protect pregnant athletes:

• Termination of contract due to pregnancy is prohibited.

• The athlete should be given a minimum of 14 weeks of paid leave .

• The athlete must be reinstated to the squad after giving birth.

B. CAS Case Law

The Court of Arbitration for Sport (CAS) finds that using pregnancy as a ground for "discriminatory termination" is unlawful and awards compensation.

C. IOC Approach

The Olympic Committee considers the protection of female athletes during pregnancy and the postpartum period a fundamental principle.

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7. Protection of Pregnant Athletes in Turkish Law

Female athletes in Turkish law:

• Constitutional principle of equality,

• Personal rights,

• Employment law protection,

• Law of obligations: freedom of contract,

• Prohibition of discrimination

It is protected within this framework.

If a club terminates a contract with the athlete due to pregnancy:

• Monetary compensation,

• Moral compensation,

• Compensation for losses incurred due to sponsorship issues

• file an appeal with CAS or TFF Arbitration
  .

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8. Return to Sport After Pregnancy: The Club's Rehabilitation Obligation

Providing support to athletes after childbirth is not only an ethical but also a legal obligation

• The rehabilitation process should be conducted professionally

• A personalized training plan for the athlete

• Regular health checkups,

• Providing the necessary resources to return to previous performance levels.

Insufficient support during the return to sport could lead to the club being liable for compensation.

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Conclusion: Pregnancy is a right, not a punishment, for female athletes

A fundamental principle of sports law is that female athletes are protected due to pregnancy and childbirth:

• Loss of the contract,

• Regarding wage deductions,

• To discrimination,

• Performance pressure

The goal is to prevent exposure to [evil]. Modern legal systems recognize pregnancy not as something that harms an athlete's career, but as a right to life that must be protected. It is both a legal and ethical obligation for clubs and federations to act in accordance with this responsibility.

Ensuring full protection for female athletes during pregnancy is a necessary approach not only for equality in sports but also from a human rights perspective.