Protection Of Minors In Football – FIFA Article 19 [Your Ultimate Guide]

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Do you want to know all about FIFA Article 19 and how to apply this law for the protection of minors in football? It is very important to know about this law in football because as a minor football player your rights are protected within this law.

An increasing hunger for cheap, promising young football talent has resulted in a rise in the number of minors migrating away from home to pursue football careers over the previous 2 decades.

However, a high level of minor movement within the football industry raises concerns regarding their welfare and rights. In particular, it has been established that playing football exposes young players to emotional and physical injury, financial exploitation, and human trafficking.

A record number of 2350 to 2650 between 2015 to 2016 minors were registered with clubs worldwide. This data was collected when applications for young player registration were submitted to FIFA. The footballing enterprise is presently worth over $30 billion according to Deloitte, and it follows an easy rule – higher gamers result in higher results.

FIFA has created a regulatory framework consisting of a series of laws within its Regulations on the Status and Transfer of Players (RSTP) that governs minors’ international transfers.

The Regulations on the Status and Transfer of Players (RSTP) sets out minimum requirements for international transfers of players aged 18. As a minor football player, you have the right to protection under FIFA Article 19.

This article is designed to ensure a safe playing environment for young players, and as such, it contains a number of provisions that benefit minors in football. Transfers of minors in football is unquestionably a contentious topic.

Should children have the same freedom of movement between clubs as adult football players? Finding and engaging an excellent football intermediary also makes a vast difference to the welfare of these minor football players.

So let’s dive in to learn more.

What Is FIFA Article 19?

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The FIFA Article 19 mainly aims to end such illicit practices and protect players from the hands of nefarious clubs. FIFA had revised their RSTP (2001) in 2005 to add Article 19 for its role of international jurisdiction. Following its previous judgements, the CAS ruled that the regulations violate any international laws or fundamental foreign laws.

From a broad perspective, we are all aware that football has opted against allowing unrestricted international transfers of minors. The Regulation on the Status and Transfers of Players (RSTP) has specific requirements enacted at the FIFA transfer rules level, and football is a unique example of an industry working together to create such a set of laws.

FIFA Article 19 in full and understanding the legislation.

Protection of minors for the minor player application guide is the administrative procedure governing the applications for first registration and international transfer of minors.

Article 19 (1) of the RSTP states, “International transfers of players are only permitted if the player is over the age of 18”. While this prima facie might seem elementary, FIFA football rules do lay down certain exceptions to this rule.

Article 19 (2) gives 3 exceptions that are strictly scrutinised by the authorities in all cases: –

• Article 19 (2) (a) states that an international transfer may be allowed if the player’s parents move to the country for non-footballing reasons and the minor follows them but not the other way around.
• Article 19 (2) (b) states that international transfers between European Union territories or European Economic Area territories are allowed. The minor is not less than 16 and 18, and the new club fulfils all the requirements in the provision.
• Article 19 (3) (c), often referred to as the ‘border rule’, states that an international transfer between 2 neighbouring countries will go through if the minor lives within 50 km from the country’s border.

However, there are some exceptions to this rule, as stated in art. 19 par. 2 of the Regulations as well as the 5-year-rule (art. 19 par. 3 and 4 of the Regulations) and the relevant jurisprudence, which are considered to be exhaustive.

The same principles also apply to any minor player who has never previously been registered with a club and is not a national of the country in which he/she wishes to be registered for the first time (art. 19 par. 3 of the Regulations).

In accordance with art. 19 par. 4 of the Regulation, each international transfer referred to in paragraph 2 and each first registration referred to in paragraph 3, as well as every 1st registration of a foreign minor player who has lived continuously for at least the last 5 years in the country in which he wishes to be registered, is subject to the approval of the subcommittee appointed by the Players’ Status Committee for that purpose.

The application for approval must be submitted by the association which intends to register the player.

For the minor player, the application guide shows in detail the pertinent documents to be included in the application depending on the various individual circumstances surrounding the international movement of a minor player.

FIFA Minor Player Application Guide

• Exception: Art. 19 par. 2 a) of the Regulations

“The parents of the player moved for reasons not linked to football”

• Exception: Art. 19 par. 2 a) of the Regulations*

“The player is moving for humanitarian reasons with his parents”

• Exception: Art. 19 par. 2 b) of the Regulations

“The player is over 16 and is moving within the territory of the EU/EEA”

• Exception: Art. 19 par. 2 c) of the Regulations

“Both player and club are within 50km of their common borders and the

distance between the two is less than 100km”

• Five-Year-Rule: Art. 19 par. 3 and 4 of the Regulations

“Player is registering for the first time and has lived continuously for the last

five years in the country of intended registration prior to this request”

• Exception: Exchange Student

“The player is an exchange student undertaking an academic programme

abroad”

• Exception: Unaccompanied Refugee Player

“The player is moving for humanitarian reasons without his parents”

What Is A FIFA Registered Player?

Only FIFA registered players by the act and agrees to abide by the statutes and regulations of the FIFA article, the confederations and the associations. A player may only be registered with 1 club at a time. Players may be registered with a maximum of 3 clubs during one season.

Article 5 Of The Regulations

The rule in question here the Annexe 1, Article 5 of FIFA’s Regulation on the Status and Transfers of Players.

It is designed to safeguard the national teams from unnecessary club-influence withdrawals. It effectively protects players that are called up for international teams from playing for his/her country or for his/her clubs. Whereas by this time they should have been released for duty adding 5 days after the international window.

Here is the exact wording as found in Article 5 reads as below.

A player who has been called up by his association for one of its representative teams is unless otherwise agreed by the relevant association, not entitled to play for the club with which he is registered during the period for which he has been released or should have been released pursuant to the provisions of this Annexe, plus an additional period of 5 days.

The registration is a prerequisite for any participant to be eligible to take part in organised football as this is described as a game of association football organised below the auspices of FIFA, the confederations, the associations, or accepted through them.

Please find here more detailed information with regards to Article 5 of FIFA’s Regulation on the Status and Transfers of Players.

First Registration Of Minors

The 5 year rule, which came into effect on 1st June 2016, whereby allows the 1st registration of a minor with a club in a country in which the player is not a citizen but has lived continuously for at least 5 years immediately prior to the first intended registration. Beyond the 3 exceptions under Article 19.2 and the 5 year rule under Article 19.3 of the RSTP.

Minors Under The Age Of 12

As of 1st March 2015, all international transfers of minor players older than 10 years will require an International Transfer Certificate (ITC). This is to adjust its regulations so to strengthen the protection of minor football players.

In addition, FIFA has stated that if a national football association wishes to register a player under the age of 10 years no ITC will be required. Is the responsibility of the FA to check and ensure that the requirements for the protection of minors are established in art. 19 par. 2 of the FIFA RSTP are met.

What Does Player Status Mean?

The governing body of association football, FIFA is accountable for preserving and enforcing the policies that decide whether or not an association football participant is eligible to represent their country officially acknowledged for global competitions and matches.

To supplement the FIFA Regulations on the Status and Transfer of Players (RSTP) in their first edition published in the year 2007 was used as a tool first to adopt in the year 2001 following cooperation and negotiations between the 2 giants, FIFA and the European Commission.

It is an essential report so as to aid member associations, clubs, players, leagues and football league professionals in making sure that the RSTP is implemented constantly throughout the worldwide football community.

Status Of Players

• Article 2 – Status of players: amateur and professional players
  • 2.1 Purpose and scope

a) Professional players

b) Amateur players

• • 2.2 Relevant jurisprudence
• Article 3 – Reacquisition of amateur status
  • 3.1 Purpose and scope

a) The 30-day waiting period

b) Payment of compensation

c) Payment of training compensation

• • 3.2 Relevant jurisprudence
• Article 4 – Termination of activity
  • 4.1 Purpose and scope

a) The 30-month period

b) Impact on training compensation

c) Impact on contractual stability

d) Start of the 30-month period

For more in-depth information check the 3 resources below

• FIFA launches 2021 edition of the Commentary on the Regulations on the Status & Transfer of Players
• Commentary on the FIFA Regulations on the Status and Transfer of players.
• Laws of the Game 2021-2022

What Is The Body Responsible To Approve The International Transfer Of A Minor?

FIFA Players’ Status Committee is the only body that is responsible to approve the international transfer of minor football players. They are the regulating body that makes decisions with regard to a minor.

In principle, they will be responsible for deciding whether an international transfer of a minor is permitted and, if so, to approve the prospective transferee’s club. The Committee will draw on the expertise of FIFA’s transfer and registration experts as well as on the advice of the Players’ Status Committee.

In some cases, the Committee will delegate its authority to the FIFA Players’ Council, which will make the final decision. For example, the FIFA Players’ Council will be responsible for approving the transfer of a minor from the CONCACAF region to the AFC region.

The Responsibility And The Liability Of National Associations And Clubs

All sport requires a certain amount of risk. The sport would cease to be sport if it did not involve danger and risk management should be within national sports organizations, clubs, sports facilities, programmes, and events that must take into account.

So, what are the responsibilities of national sports organizations and clubs when it comes to the health and safety of their players?

• Physical injury when there is a possibility of a player becoming gravely injured.
• Wrongful actions normally refer to the possibility that an individual will lose rights or chances for which there is legal recourse and for which the sports organizations and clubs is liable.
• Property loss or damage where there is a possibility that property owned or controlled by the sports organizations and clubs for which the organizations is accountable will be stolen or damaged, necessitating replacement.
• Supporter’s misconduct is unwanted behaviour that affects most sports in the world.
• Loss of revenue and/or earnings.
• Loss of volunteers.
• Loss of public image.

There must be 5 practical steps and these should never change.

1. To identify
2. Take measures
3. To control
4. There should be a duty of care
5. A standard of care (written, unwritten, case law and common sense)

Use Of The Transfer Matching System (TMS) For The Purposes Of The Protection Of Minors

Transfer Matching System is an online system that streamlines, smoothes, and transparently transfers players between clubs internationally.

When a club buys or sells a player from another country, the buying and selling clubs must register the transfer on FIFA’s Transfer Matching System (TMS) in order for international clearance to be generated. The purchasing club must enter all of the data into the system, and the foreign club must match all of the specifics.

There are weaknesses in this (TMS) and you may ask what kind of reform is needed? The TMS registrations take in count 24 fields in max. It takes around 20 minutes to add them and it delays the process with the issue of the football federations in each country and their processing time.

Also, the role of a Fifa agent is crucial too. For better understanding, you can click- FIFA TMS Explained.

Conclusion

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Football has long been a sport for the elite, but it is also a game for the young. The first football match I ever played was with a group of kids, some of whom were just 6 years old. They had a wonderful time, and I suspect that some of them have since gone on to play the game at a higher level. Football is and should be, a game for all, regardless of age.

FIFA Article 19 has shown that it will err on the side of caution and deny opportunities to deserving talent if it means shutting down the illicit market for minors. While such safety precautions are required in a globalised sport, the regulations appear to be out of date.

The repeated demands for criticism for their discriminatory and violative nature, as well as the contentious EU exemption, give reason to believe that certain adjustments are urgently needed. Clubs will continue to look for loopholes, and while the term “parking players” has become commonplace in recent years, it is unquestionably unethical.