Article Disability discrimination in children’s sport Simone Pearce USC Law School, University of the Sunshine Coast, Australia Abstract This article examines how the Disability Discrimination Act 1992 (Cth) relates to children’s sport. More specifically, this article asks: how does the Disability Discrimination Act 1992 (Cth) address the treatment of children with disabilities participating in competitive sport? This article asserts that the ‘attitude’ in and around the construction of sport is framed in the ableism perspective that assumes ability. While there are specific disability sports, with rules designed to accommodate the different attributes people may possess, this article focuses on the nature and quality of access to, and experience in, sport that is not disability specific (mainstream sport), and argues that the law fails to protect children with disability being treated in a way that places them at a disadvantage. The primary concern raised by this article is that children with disability are not provided with fairness in competitive sport. This may be discriminatory. Keywords disability, discrimination, sport, children The Disability Discrimination Act 1992 (Cth) (DDA) makes it unlawful, in certain circumstances, to treat people with disabilities ‘less favourably’ than people without disability. 1 In this way, the DDA is aimed at eliminating inequities for people with disabilities. The DDA provides for ‘reasonable adjustments’ to provide people with dis- abilities the opportunity to a full and rewarding life, where the social structures impose barriers. There is little scholarship on the effect of the DDA on children’s sport, particularly the requirement to make reasonable adjustments. 2 This is an important area of study because all children are encouraged to participate in sport, 3 and there is a vast amount of literature that identifies clear benefits for children who participate in sport, particularly children with disabilities. 4 To begin to address this gap in the literature, and to highlight a significant issue, this article examines how the DDA relates to children’s sport. More specifically this article asks: how does the DDA address the treatment of children with disability participating in competitive sport? To answer this question, the article is divided into three parts. The first part explains disability discrim- ination as distinguished from other areas of equal oppor- tunity law such as race and gender, and the second provides an overview of the debates around the notion of the ‘right to sport’. It is important in the investigation Corresponding author: Simone Pearce, USC Law School, University of the Sunshine Coast, Locked Bag 4, Maroochydore 4558, Australia. Email: spearce@usc.edu.au 1 Disability Discrimination Act 1992 (Cth) s 6. 2 See however, Australian Sports Commission, ‘Getting involved in Sport: Participation and non-participation of people with disability in sport and active recreation (Research project, in collaboration with the Universityof Technology, 2010); Simon Darcy and Break Thru People Solutions, All Kids can Play- Report on Children with disabilities accessing mainstream sports, (2014); http://allkidscanplay.com.au/wp-content/uploads/2015/09/ AKCP_Handout_Final.pdf; Simon Darcy and Leanne Dowse, ‘In search of a level playing field: The constraints and benefits of sport participation for people with intellectual disability’ (2013) 28(3) Disability & Society 393. 3 See, e.g.,‘Sporting Schools’ initiative, introduced by the federal government to encourage children to be introduced to sport at a young age and increase the formal sporting activity; Department of Health, ‘Sporting Schools kicks off across Australia today’ (Media release, 20 July 2015 http://www.health.- gov.au/internet/ministers/publishing.nsf/Content/health-mediarel-yr2015-ley088.htm). 4 See, e.g., Jaithri Ananthapavan, Anne Magnus and Marj Moodie, The health and economic value of prevention: Assessing the benefits of reducing the prevalence of physical inactivity in Australia by 15% by 2018 (Deakin Health Economics, 2014) 6; Break Thru People Solutions, above n 2, 18; Ralph Richards, Junior Sport Framework (Clearinghouse, Australian Sports Commission, 2016) https://secure.ausport.gov.au/clearinghouse/knowledge_base/sport_participa- tion/community_engagement/junior_sport_framework; Australian Sports Commission, above n 2, 14. Alternative Law Journal 2017, Vol. 42(2) 143–148 ! The Author(s) 2017 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav DOI: 10.1177/1037969X17710623 http://journals.sagepub.com/altlj