PATHWAY TO MATERNITY REGULATIONS FOR PROFESSIONAL FOOTBALLERS Introduction “In this article I intend to explain the incorporation by FIFA of maternity protections for women’s football, which have been a long time coming, but thankfully have now arrived, in great part due to the impulse of FIFPRO. I provide a brief history of women’s football, exposing the realities of the game and reasons that these types of progressive policy have been held back until now, the positives and negatives of the current regulations, as well as areas that have not yet been regulated but that are necessary and likely to be included in the next stage of reform.” Alexandra Gómez Bruinewoud Senior Legal Counsel at FIFPRO 1 PATHWAY TO MATERNITY REGULATIONS FOR WOMEN’S FOOTBALLERS PATHWAY TO MATERNITY REGULATIONS FOR PROFESSIONAL FOOTBALLERS 2 Elsey shows (via women’s memoirs and press comments) As Gabriela Garton explains in her book “Guerreras”, historically, that women’s football actually became very common in the women have been systematically excluded from football, 1910s, particularly in teams organised by physical education with excuses such as (lack of) genetic predisposition and the teachers. And by the 1920s women were forming teams in their moral values that women represent. Therefore, when physical workplaces, unions, neighbourhoods and even (informally) at education was introduced in schools, football was reserved for WOMEN’S FOOTBALL sports clubs. However, they faced a great deal of opposition. the male sex. Elsey was asked in an interview: “What is the greatest obstacle Indeed, when I myself was at school in Uruguay, girls had for a Latin American woman who wants to play football?”. Her no option to play football as part of the curriculum. This was OVER THE YEARS answer was no surprise: “There are still a lot of people who think reserved only for the boys. We were not even taught how to play that women playing football are transgressive. In that case the game during physical education, instead we were offered they may face opposition from parents, friends and partners, team sports that were presumably considered more neutral, who are afraid that their femininity is at stake in a “men’s sport”. such as handball or volleyball. And this was in a country that Everything related to women being successful in football is a lived and breathed football, where the main news programmes threat to men’s sense of superiority. It threatens their monopoly spent thirty minutes of every hour talking about football and of leisure time and public resources for entertainment. It is not where football was the country’s main source of pride. 50% an implicit feeling; the men who complained about women’s of the population had virtually no chance of being allowed to football at the beginning of 1910 described them as “invaders”. play. What’s more, very few football clubs accepted girls and Because of its association with virile masculinity, women in generally people did not realise it was possible for girls to play football found their femininity and heterosexuality being called football, as incredible as this may seem. ManyReality justifications and excuses are putvs. forward for thePerception inequality of treatment, into question.” It was only a few years ago that women’s football started to development, appreciation, financial support and profits between the female and male In another interview, Elsey, a specialist in women’s football become stronger at club level and be introduced into schools. footballing worlds. Many argue that these differences are partly due to the fact that and specifically that of Latin America, explained the However, this was done half-heartedly, in mixed groups, which professionalisation of football in general as follows: “There were separated upon reaching a certain age. The female section women’s football is new and that we must give it time to develop. This is precisely what is a key misunderstanding of the way in which men’s football was also sometimes disbanded as there were not enough girls we have been taught and the story that the media presents. The fact is that we have only was professionalised, which ignores the substantial state to make up a team. As well as the prejudices associated with investment and the role of the media in promoting it. It did being a female player (which can have an even more powerful been able to watch women’s football in the media for three decades (and to a very limited not grow organically. What is required, therefore, is outside impact in adolescence), these factors are likely to explain why support, integration into physical education, which also helped many of girls who felt like playing when they were children, no extent). On that basis we might assume it originated fairly recently, however, the reality to popularize men’s football, and a reconsideration of sponsors longer do so as teenagers. is quite different. As the historian Brenda Elsey explains in her book “Futbolera”, women’s and how federations deal with them [...].” In Brazil, when women’s football was at the height of its In view of all this, one can at least question some of the classic football has been played in much of the world for more than a century. development and stadiums were being filled to watch them explanations as to why women’s football has not entirely “taken (there is photographic evidence of this), the sport was off ”. subsequently banned for 40 years (from 1941 to 1981). The same thing happened in England, where women’s football was prohibited for nearly 50 years (between 1921 and 1969). One might wonder: if nobody cared about it, if it was not popular, if it did not represent a “risk”, why ban it? 1 Brenda Elsey and Joshua Nadel, Futbolera: A History of Women and Sports in Latin America (Austin, TX: University of Texas Press, 2019). 2 https://www.eldesconcierto.cl/nacional/2018/04/30/historiadora-analiza-el-futbol- femenino-la-exclusion-brutal-de-las-mujeres-en-el-futbol-de-la-region-es-simbolica- y-social.html 3 https://www.nodal.am/2019/05/brenda-elsey-y-joshua-nadel-autoras-de-futbolera- una-historia-de-la-mujer-y-el-deporte-en-america-latina/ 4 Ibid. 5 Gabriela Garton is an American-Argentine professional footballer who is a member of the Argentine national team and plays for the W-League club Melbourne Victory. She is also a member of FIFPRO’s Global Player Council. 6 Gabriela Garton, Guerreras: fútbol, mujeres y poder (Buenos Aires: Capital Intelectual SA, 2019). 3 3 PATHWAY TO MATERNITY REGULATIONS FOR PROFESSIONAL FOOTBALLERS PATHWAY TO MATERNITY REGULATIONS FOR PROFESSIONAL FOOTBALLERS 4 According to “Raising Our Game”, although women’s football has To give some actual examples of the differences at the last two long been considered a ‘cost’ to the industry, it is actually a World Cups, women’s official delegations for France 2019 valuable asset for both the sport and society, which can lead the consisted of 35 people (23 players and 12 officials) whilst the game in a positive and sustainable direction. The women’s official delegation for men in Russia 2018 was 50 people (23 football industry is growing and there is greater commercial players and 27 officials). WOMEN’S interest in it; attendance figures at both league and As a result, FIFPRO has proposed that for the 2023 Women’s international matches are showing signs of incredible potential, World Cup the delegation should be increased to 50 people, broadcaster viewership is increasing, and new sponsors are comprising 23 players (plus additional reserve players for emerging as partners. Professionalisation is underway. At pre-tournament preparation only in the event of injury) as well FOOTBALL national level, more leagues and clubs are being formed and as 18 officials (including 5 coaches, 9 for human performance professionalised, others are under development, and elite and 4 support staff), 1 independent players’ representative and competitions are adopting new models. 8 additional officials to be decided by the Football Association. Considering that the official positions tend to be male However, as adverse working conditions continue, actions are dominated, FIFPRO proposed that it should be ensured that TODAY required to establish, implement and enforce global industry there is gender diversity among them, suggesting a 30% quota standards for women’s football. This applies both to as a very minimum. employment contracts and to international competitions, to As explained in great detail in the FIFPRO protect players and allow the industry to grow in a fair, decent and stable manner. report “Raising Our Game”, published in FIFA, the Confederations, and some of their member 2020, the general picture of women’s associations, have made progress in recent years, creating football today is that: “in the absence of development plans for women’s football and making “WE CAN AND commitments around “non-discrimination”. Many areas have global standards for women’s working improved and we can see that by enhancing protection for female players the product itself is also improving. SHOULD COMPARE conditions, they are subject to a variety of It is said that we should not compare women’s and men’s adversity”. This situation constitutes a football, because they are two different and independent products. I think this is correct, but what we can compare is the THEIR PLAYING barrier to the growth of the industry. different treatment received by players practising a sport which Although it is true that football is has the same rules for both its female and male counterparts and is governed at international level by the same non-profit beginning to open its doors to women, the organization (FIFA).