There are many cases in Córdoba football, of disputes between clubs and families over the transfer of a son or daughter, who they want to remove from that institution and on the other side they ask for sums of money that are difficult to pay or that they do not want to be paid.
In recent days, a case occurred that could set a precedent in the province, in which Belgrano is involved. A 10-year-old player from his lower division received the endorsement of justice, at the request of his family, and will have a free pass to play for another club,
This is because the young soccer player’s parents announced that they will move to another city and want to find another place for him to play, since he will not be able to continue doing so at Pirate. The Court granted the appeal for protection and Belgrano must deliver the papers.
The complete failure
The Associated Management Court No. 1 of Córdoba ordered Club Atlético Belgrano to immediately grant a free pass to a ten-year-old boy who plays in the lower divisions. The ruling provides that said documentation be delivered once the parents reliably prove the change of family residence, with whom the child will live, which educational institution he will attend and the new club where he will continue with federated soccer practice. It should be noted that without this “pass” the amateur footballer cannot play for another club affiliated with the Argentine Football Association (AFA).
Judge María de los Angeles Morello granted an amparo action filed by the child’s parents. They requested that the sports institution unconditionally grant and deliver the free pass to the amateur player so that he can enjoy full freedom of action to continue playing football for another club. The athlete’s parents motivated this request due to an imminent family move to another city and the fact that there was no professional contract between the parties that generated rights and obligations.
The club argued that no other sporting institution had asked the player and that his parents had not even stated which city they were going to move to or when they would do so, “thus preventing their part from making a decision that has as a priority the protection and development of the child”.
Judge Morello pointed out that, in the AFA regulations, there are “silences” in relation to passes and transfers of minors who play soccer in a federative manner. She pointed out that concrete and precise regulations are lacking; there is no clarity in the literality of the rules; and there is a lack of specifications regarding different issues related to children and adolescents.
However, he considered that such regulatory omissions cannot prevent the child from developing athletically in another area. “No boy, girl, or adolescent can bear on their backs the situation of finding themselves captive to decisions at the adult, institutional, public or private level,” she emphasized. Likewise, he recalled that no regulation can in any way admit the “commercialization of sports practice in childhood.”
For this reason, the judge urged the AFA to carry out quickly and effectively, with specialized advice on children’s matters, modifications to its general regulations in relation to the practice of football by boys, girls and adolescents.
Specifically, the ruling requires the AFA to regulate in detail the mechanics that involve minors (signing, transfers, free passes, conventions between clubs, representation of parents, among others). In this sense, remember that the meaning of such modifications cannot be other than “to build clear regulations that eradicate all obstacles for minors and their children.”
representatives, that do not collide with the constitutional and conventional rights and guarantees that protect children, always keeping in mind the special protection of children and adolescents and their development.”
