Among the primary sources of income for many professional football clubs, particularly larger or more commercially-driven clubs in Europe, is the recruitment of talented young players, including minors under the age of 18, often acquired at low cost from abroad. These players are then nurtured and transferred to another club at significantly higher prices, generating substantial profits. To clarify, the buying club pays a transfer fee to the selling club as compensation for releasing the player from their contract. However, this trend is not universal and is more characteristic of clubs with significant resources and scouting networks, rather than smaller or grassroots clubs, which focus primarily on local talent development. Nevertheless, this practice has been associated with documented cases of physical and emotional harm, financial exploitation, and even human trafficking in football. [Yilmaz, 2018]
This profit-driven approach intensified following the landmark Bosman ruling by the Court of Justice of the European Union (CJEU) in 1995. Prior to this ruling, football clubs could generate profits from the transfer of out-of-contract players (commonly referred to as free-agent players). However, the Bosman ruling granted such players the right to freely sign employment contracts with new clubs without requiring compensation to their previous clubs [Bosman case, 1995] The CJEU held that demanding payment from a new club after a player’s contract had expired violated the principle of freedom of movement for workers within the EU. The ruling forced FIFA to revise its regulations on player transfers in 2001, as the previous rules were deemed incompatible with EU law, specifically regarding freedom of movement for workers, non-discrimination based on nationality, and competition law. Despite the revised regulations, European football clubs continue to exploit loopholes, particularly to profit from minor players, often compromising their well-being in pursuit of commercial gains. [Lembo, 2011]
Unfortunately, the 2001 regulatory updates not only failed to adequately protect minors but also facilitated the increased importation of foreign youth players. [Darby et al, 2018] Consequently, FIFA introduced additional amendments to its Regulations on the Status and Transfer of Players (RSTP) in 2005, and 2009. [Lembo, 2011] According to Article 3 of the FIFA Statutes, the organisation is “committed to respecting all internationally recognised human rights and shall strive to promote the protection of these rights.” [FIFA Statutes, 2022] One of the key international conventions underpinning these efforts is the United Nations Convention on the Rights of the Child (UNCRC), which, in various articles (including Articles 2, 3, 6, 9, and 10), outlines the duties of Member States to ensure the best interests of the child. [UNCRC] Reflecting its commitment to protecting children’s rights, FIFA has incorporated these principles into Article 19 of the RSTP, which specifically addresses the international transfer of minors. [FIFA RSTP]
Consistent with Article 1 of the UNCRC, FIFA defines a minor as “a player who has not yet reached the age of 18.” [FIFA RSTP] Article 19 of the RSTP prohibits the international transfer of players under 18 years of age, as well as the first registration of non-national minors, aiming to ensure their welfare, training, and education [FIFA Circular no. 769, 2001] while reducing the risk of trafficking and exploitation. [Lindsey and Darby, 2019] In FIFA transfer regulations, “first registration” refers to the initial process of registering a player with a football association and officially affiliating them with a club for the first time. This is distinct from a “transfer,” which involves a player who is already registered with one club being transferred to another. [FIFA RSTP]
However, Article 19 also outlines certain exceptions under which the international transfer of minors is permitted. Players as young as 10 years old may be registered if the applying club demonstrates that one of the specified exceptions applies. These applications must be submitted to the Players’ Status Chamber (PSC) of the Football Tribunal through the football association to which the club is affiliated. [Art. 19.4 FIFA RSTP] This process seeks to enhance the protection of minors.
Although the framework in Article 19 applies to all minors both under 10 and above 10 years old, FIFA’s regulations do not require International Transfer Certificates (ITC) or PSC approval for players under the age of 10. [Yilmaz, 2018] This gap raises concerns about the potential exploitation of these young players, especially in countries where adherence to regulations is not strictly enforced. To address this, FIFA issued Circular no. 1468, emphasising that local associations are responsible for verifying compliance with Article 19 in cases involving players under 10. [FIFA Circular no. 1468, 2015] However, in such instances, there is no direct oversight from FIFA or other continental confederations, leaving younger minors particularly vulnerable. Only the registering club and the respective football association are obligated to ensure adherence to Article 19’s substantive provisions. [CAS 2014/A/3793 Barcelona v. FIFA, CAS 2014/A/3813 RFEF v. FIFA]
Moreover, the exceptions expressed in Article 19 RSTP contain loopholes that European clubs exploit to recruit players from Africa and other regions. For example, one of these exceptions which is called “parent rule” and resonates with Article 9 of the UNCRC declares: the international transfer of a minor is allowed if “the player’s parents move to the country in which the new club is located for reasons not linked to football.” [Article 19(2)(a) RSTP] In order to benefit from this exception, some clubs have reportedly offered fictitious jobs to the parents of minor players to circumvent the rules. [Darby et al, 2018]
A notable example involves Paris Saint-Germain’s (PSG) signing of minor player Kays Ruiz-Atil in 2015. Reports suggest that PSG offered the player’s father a scouting job upon the family’s arrival in France, raising questions about whether the role was created solely to satisfy FIFA’s regulations.
Vulnerable children are increasingly being transported to Europe and, more recently, to South and East Asia in what some scholars describe as “trafficking.” [Mason et al, 2019] Scholars have further categorized these practices into two forms: trafficking in football and trafficking through football. Trafficking in football involves situations where trials for young players are successfully arranged (i.e., a process in which clubs test a player’s skills and potential to determine whether they have the talent to join the team), while trafficking through football refers to cases involving fraudulent scouts or agents who exploit eager young players and their families by extracting money under false pretenses. These agents often bring players to Europe on short-term visitor visas, only to abandon them without facilitating a trial. However, there is ongoing debate about whether such practices fully meet the legal definition of human trafficking. [Mason et al, 2019] [Palermo Trafficking Protocol, 2000]
Additionally, numerous strategies employed by clubs to acquire young players fall outside FIFA’s jurisdiction, further complicating enforcement efforts. Addressing this issue thus requires collaboration between international and continental sporting bodies, national governments, and global institutions. [Lembo, 2011] In conclusion, protecting minor players from exploitation must become a priority, akin to combating other forms of abuse and exploitation. Allegations that these practices are equivalent to human trafficking need to be carefully analysed and addressed to safeguard minors from risks of trafficking-like exploitation. Awareness among families, sport governing bodies, national governments, and clubs is essential. Accessible reporting mechanisms must be established for players, families, or other observers to alert authorities about potential abuse or risks. These reports should be thoroughly and impartially investigated. Furthermore, a coordinated approach among FIFA, regional institutions like the EU, and other stakeholders is vital to closing regulatory loopholes and preventing the exploitation of minors by clubs, fraudulent agents, and other beneficiaries.
Rasoul Rahmani is a graduate of Master’s in Legal Studies from the University of Bologna with a keen interest in international law and human rights. He has experience in legal research and writing, with a focus on the intersection of sports and law. Connect with him on LinkedIn.
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