Introduction
Mental health is an issue that receives increasing attention in the field of professional sports. The World Health Organization (WHO) estimates that in 2015, 322 million people in the world’s population (4.4%) had depression and 264 million people (3.6%) lived with some form of anxiety disorder (Foskett, F. Longstaff, 2018). Historically, mental health has been a “taboo” in the world of sports. In the public perception, athletes embody strength, resilience and unwavering commitment, growing up in an environment where acknowledging mental problems can be seen as a sign of weakness, making them face their mental health challenges silently. However, the reality is that athletes, as humans, naturally experience a range of mental health problems, including anxiety, depression and fatigue.
With the occasion of World Mental Health Day on October 10, the team of AP Sports Law Office decided to propose certain actions and strategies that can be implemented through sports law, with the aim of understanding the importance of mental health for athletes, and safeguarding it, through the contractual obligations of those involved.
Stats & Studies
According to a research by the University of Michigan (2023), about 33% of athletes experience symptoms of depression and anxiety, while an NCAA study (2022) concluded that 30% of athletes experience psychological difficulties that require clinical intervention.
Among professional football players, the most common mental disorders encountered are adverse alcohol use (9%), discomfort (12%), anxiety/depression (38%). The symptoms of common mental disorders are generally multi-factorial and appear as a consequence of the interaction between biological, psychological, social, athletic and occupational stressors (Gouttebarge & Kerkhoffs, 2018).
An earlier study (2015), conducted on 540 male footballers in five European, countries showed the existence of depression/anxiety amongst these footabllers, ranging from 25.0% in Spain to 43.3% in Norway.
Strategies/Suggestions for Safeguarding Mental Health in relation to Sports Law
1.Definition and introduction of the concept of Mental Health in Sports
The World Health Organization (WHO) has defined mental health as “a state of well-being in which each person realizes their potential, can cope with life’s normal pressures, can work productively and fruitfully, and is able to contribute to their community” (WHO, 2014).
In the context of sports science, mental health researchers often investigate the existence of specific mental disorders, such as depression, anxiety, and eating disorders (Schinke, Stambulova, Si, & Moore, 2017). Mental health is indirectly understood as the absence of such conditions. All athletes experience difficult, intense and multifaceted life situations, ups and downs and a full range of emotions. In this context, science, must define the concept specifically for athletes, so that it can then be used in sports regulations. We must, therefore, not pathologize normal human experiences. We must distinguish between clinical mental health disorders (diagnosed according to recognized criteria), poor mental health (not severe enough to meet diagnostic criteria), human condition (periodic experiences of adversity and unpleasant thoughts and feelings as a consequence of a full life) and athlete condition (periodic experiences of unpleasant thoughts and emotions, such as performance anxiety, as a consequence of engaging in sporting pursuits).
2. Hiring a sports psychologist as a licensing condition for participation
The Licensing Regulation governs the rights and obligations of all clubs entitled and wishing to participate in club competitions as well as national professional leagues. It determines, in particular, minimum sporting, infrastructural, personnel, administrative, legal, financial, and social responsibility requirements that must be fulfilled by a team in order to be granted a license by the organizing authorities. Although the range of requirements is wide and the importance of mental health is emphasized by researchers, psychiatrists and lately by footballers unions, federations and confederations have not included the hiring of a sports psychologist in the licensing criteria for clubs. This practice would impose a regulatory obligation to clubs, leading to the instant inclusion of mental health professionals in football, aiming to safeguard the mental health of footballers, at least on the professional level.
3.Sports psychologist as part of an Agent’sservices.
Agents provide a wide array of services, other than negotiation between their clients. They often collaborate with other professionals of various specialties such as lawyers, accountants, nutritionists, etc., in order to provide holistic services of high quality. Cooperation with specialized mental health counselors would “open the umbrella” of sports professionals and help defend mental health for both active and veteran football players, who will have the benefit of receiving customised phychological counseling by specialised practitioners.
4.Sports psychologist as an obligation in sports contracts
The provision of mental assistance can become an obligation of the club in standarised contracts. The benefits agreed in a sports contract are often the provision of a car, accommodation or allowance for renting a house, flight tickets, etc.. Nevertheless, the provision of mental assistance within the club or privately is completely absent. Such a provision would help maintain mentally healthy athletes and integrate the culture of mental health scientists into sports.
5.Mental health and sports calendar
Sport is at a critical inflection point, where players’ health and working conditions are being jeopardised by excessive sporting obligations. Concerns about the increasingly busy season, international and national competitions and the excessive pressure on players is not fresh news. In recent years, the issue has swelled and athletes do not have enough time to rest between seasons, which has led to many voices talking about exhaustion and an increase in injuries. The International Union ofProfessional Footballers (FIFPro), which represents more than 65,000 footballers worldwide, has taken legal action against FIFA, arguing that the match-load is excessive and that FIFA ignores the welfare of footballers. In its report, FIFPro concludes that the current season is “unbearable” and that footballers face serious risks to their health, noting that 43% of players who played in the 2022 World Cup said they suffered from mental fatigue. Mental rehabilitation and mental preparation are as important as physical preparation for athletes to be able to meet their increasingly demanding level of work and must be taken into account in the preparation of competition programs. Specific research and their conclusions will put the sports community before the consistency and responsibility it owes to the soul of the athlete.