
Equality Standards
Article 55 sets down the framework for non-discrimination in world football.
If spectators display banners bearing discriminatory slogans, or are guilty of any other discriminatory and/or contemptuous behaviour at a match, the appropriate body will impose a sanction of at least CHF 30,000 on the association or club that the spectators concerned support and force it to play its next official match without spectators. If the spectators cannot be identified as supporters of one or the other association or club, the host association or club will be sanctioned accordingly.
Member associations who fail to implement or enforce these minimum requirements in a satisfactory manner face possible banishment from international football.
UEFA
Article 11 of the code sets out the sanctions that may be imposed on clubs competing in UEFA competitions where their supporters are found guilty of discrimination. This discrimination includes insulting behaviour on the grounds of religion.
Offending clubs will incur a minimum fine, with the possibility of further sanctions including – closing stadiums to fans, overturning results and exclusion from UEFA competitions.
UEFA action has shown that sectarian chanting comes within the scope of the code, and that it will not be tolerated.
• UEFA fined Rangers £13,300 after finding Rangers fans guilty of discriminatory chanting at both legs of the Champions League matches against Villarreal.
• UEFA fined Rangers £8,280 after finding Rangers fans guilty of improper conduct at the away leg of the Champions League match against Osasuna in March 2007. This conduct involved sectarian chanting during the game. It is widely believed that Rangers avoided heavier punishment after UEFA gave consideration to the clubs and supporters efforts (including the self-policing initiative) to combat the problem.
UEFA continue to monitor the situation, and have since praised Rangers for the progress the club has made.
Scottish FA
Under the Scottish FA’s National Club Licensing scheme requirements are set out for every SPL and SFL club. The clubs must meet these minimum requirements.
One of the requirements is that each club must implement Club Policies dealing with Unacceptable Conduct. The club must detail its actions aimed at preventing Unacceptable Conduct, and its responses to instances of Unacceptable Conduct.
Unacceptable Conduct includes discrimination on the basis of religion.
The Scottish FA suggests a system of warnings and bans for supporters who indulge in Unacceptable Conduct, and disciplinary action for employees and officials of the club. Further, such actions taken by the clubs should be widely publicised in order to act as a deterrent to others.
The club must make its Policy on Unacceptable Conduct known to all fans, players and club officials.
Scottish Premier League
The 2007/2008 season saw the introduction by the SPL of new rules to help combat anti-social behaviour, with particular attention to sectarian chanting at SPL matches. For the first time, clubs will be responsible for the behaviour of their fans at away matches.
An SPL match delegate will attend each match and their report, along with reports from the police, the referee and the clubs themselves will be considered. If the SPL consider that the reports warrant it, a Commission will be appointed.
This Commission - an independent tribunal, chaired by a lawyer, and not involving members from any clubs, will investigate any incidents referred to it by the SPL and will dispense the punishments it sees fit.
The sanctions available include fines, annulling and replaying of fixtures, deduction of points, closing all or part of a stadium and playing matches behind closed doors, withholding the title and, ultimately, expulsion from the league.
When applying a sanction, consideration will be given to work undertaken by the club to combat unacceptable conduct amongst their support.
• Inverness Caledonian Thistle FC v Rangers FC, Saturday, 4 August 2007
The SPL Board noted that there were incidents of unacceptable conduct during the course of this match involving sectarian singing and chanting by an element of the Rangers fans. Taking into account Rangers efforts to combat the problem of sectarian behaviour amongst its fans, the SPL decided not to penalise Rangers. However, any further such occurrences could lead to referral to a Commission and possible sanctions.
• Motherwell FC v Hearts FC
Media reports suggested the match delegates report to the SPL included details of sectarian chanting by a section of the Hearts support. No further action was taken.
Section 74
In 2003 sectarianism became what is commonly known as a 'hate crime' under Scottish law. The legislation that provides for this is section 74 of the Criminal Justice (Scotland) Act 2003 which came into force on 27 June 2003.
Anyone who commits an offence such as assault, murder, or public order offences such as breach of the peace is likely to be given a stiffer sentence if the act was motivated by religious hatred - just as it would be with racial hatred.
Under section 74, an offence is aggravated by religious prejudice where the conduct was aggravated by some form of malice or ill will based on the victim's membership, or perceived membership of a religious group.
This is not a new statutory offence but it is a statutory aggravation that can be added on to a charge.
The statutory aggravation is intended to highlight this element of the charge and to focus public attention and displeasure on it with the possibility of additional sentencing by the judge for this element. If a person is convicted of a section 74 aggravation, this will show up as a previous conviction if there are any further criminal proceedings taken against that person in the future.
Since the introduction of the section 74 aggravation, the year on year figures show a general rise in the number of charges of an offence aggravated by religious prejudice reported to the Procurator Fiscal:
2006/2007 – 699 charges
2005/2006 – 704 charges
2004/2005 – 479 charges
2003/2004 – 272 charges
• One man was arrested and charged under section 74 after running onto the pitch at Ibrox during a Champions League match. He plead guilty to breach of the peace aggravated by religious prejudice and was sentenced to 200 hours community service.
• Last December, seven Hearts fans were arrested and charged in connection with sectarian chanting on a train from Inverness to Edinburgh
Equity Plan for Sport
The first Equality Standard for sport was launched in November 2004. It is a framework for assisting sports organisations to widen access and reduce inequalities in sport and physical activity from under representative individuals, groups and communities especially women and girls, ethnic minority groups and disabled people. It is based around two broad themes: developing your organisation and developing your services and four levels of achievement: Foundation, Preliminary, Intermediate and Advanced.
Football Banning Orders
Football Banning Orders were introduced in the Police, Public Order and Criminal Justice (Scotland) Act 2006, and became available for use from 1st September, 2006.
Football Banning Orders can ban violent or abusive trouble-makers from games and associated flashpoints, across the UK and abroad for up to 10 years.
Offences that might result in a Football Banning Order include sectarian chanting, physical assault, or shouting racist remarks.
Football Banning Orders are available in two ways:
• Firstly a court can impose a banning order on an individual convicted of a football-related offence instead of, or in addition to, any sentence the court could impose for the offence. Banning orders imposed following conviction can last for up to ten years.
• Secondly, a civil application by the police to a sheriff court for a football banning order to be imposed against an individual whose behaviour has given cause for concern, although there may not be enough evidence to mount a criminal prosecution. Banning orders imposed without conviction can last for up to three years.
The orders can ban abusive trouble-makers not only from football grounds themselves but also from associated flashpoints, such as bars which are popular with fans, town centres or railway stations.
An order can have far wider implications than merely stopping people from attending games – an offender subject to an order can find that their personal liberty is severely restricted – they may be prevented from travelling abroad, and can be excluded from many public places.
If you see trouble or know of an individual who has previously caused or been involved in disciminatory behaviour or violence or you know someone who may pose a threat, you should report the matter to the police.
Football Banning Orders were introduced in England and Wales in 2000 and 3,420 people are currently subject to these orders.
In Scotland, although around 200 applications (approximately a quarter of these for sectarian abuse) have been made to the courts by the police, only 11 of these orders have been issued in the year since they were introduced.
• a spectator at the Rangers vs Maccabi Haifa game at Ibrox on 2, November 2006 was given a three-year Europe-wide football banning order after admitting a sectarian breach of the peace.
Special thanks to Cocoa Rose Photography for provision of images, and Home Tuition Scotland for educational direction.

















