El derecho al deporte

Abstract

The right to sport is a fundamental one, based on the first generation right to associations. It is considered as a second generation right whilst its alternative version of right to physical education began to be constitutionalized before it. It may be also considered as a 3G right, from the explicit use of the constitutional term ‘’right’’ in 1976 and on. Furthermore, it is connected with the movement of fourth generation rights. It is not merely about an authentic, self-existent fundamental right but also an institutional guarantee and a set of fundamental principles of Constitutional Law. The right to pursuit of happiness includes the category of rights to recreation, exemplified by the cultural rights (culture, education) and the rights to human motion (sport, tourism – hospitality).