Abstract
Regular physical activity and sport are prerequisites for a healthy and balanced lifestyle. Indeed, regular exercise improves quality of life and contributes to individual and collective well-being. In addition to reducing the risk of disease and slowing down the ageing process, active habits also bring economic and social
benefits by reducing the burden on national healthcare systems. Such practises reduce health risks
and create systemic
and subjective benefits
with significant welfare
policy implications. In societies where the right to health increasingly depends
on individual resources
– economic, cultural
and relational - the role of
public policy becomes
increasingly important. This study analyses
the main policies
to promote physical
activity and sport in Italy in the 21st century. It analyses the 20th century. Firstly, the continuities and discontinuities with policies at EU level are highlighted. It then analyses the constitutional
recognition of sport as a fundamental right through Law 1/2023, which amended
Article 33 of the Italian
Constitution. Based on theories of structural inequality, this reform will be critically analysed for its concrete
effects on access to sport, especially for marginalised groups (women,
migrants, people with disabilities). It analyses whether this ground-breaking legislation has translated the EU recommendations on sport as an instrument of integration into concrete measures
or exacerbated existing
inequalities.
Finally, the study assesses whether this symbolic
milestone has marked a real turning point in national strategies to promote
physical activity by analysing case studies of local interventions and their outcomes.
Keywords: Constitutional law, Health promotion,
Italy, Physical activity, Sport policies
1. Introduction
The concept of health promotion, as recognised in the international
debate, goes beyond the mere promotion of a healthy lifestyle and becomes a
fundamental component of public policy. Its main objective
is to reduce inequalities within the population through systemic
interventions aimed at creating
health-promoting conditions1,2.
Health promotion is based on joint actions involving
different sectors of society, especially those related to the social determinants of health3, complex factors that influence health and
go far beyond the role of the health system4,5.
The current challenges in ensuring adequate health conditions for the population are prompting the scientific
community and policy makers to address a variety of factors. This requires the
development of innovative public policies that
encourage new ways of promoting health and stimulate educational processes
aimed at promoting healthy lifestyles6,7.
Health is therefore
a complex concept
whose protection must be embedded in a complex network of
subjective and objective factors8.
Its maintenance requires a holistic approach that includes planning
and reorganization through
defined protocols and
targeted strategies9,10. In this
context, sport and physical activity are proving
to be important tools for improving the well-being
of all age groups11. Indeed,
regular physical activity and sport are basic
prerequisites for a healthy and balanced lifestyle that improves quality of life at both an individual and collective
level8.
In addition to reducing the risk of chronic diseases and slowing down the natural
ageing process, an active lifestyle
also has a significant positive impact on containing the economic and social costs to national healthcare
systems12,13. Behaviours that
include physical activity
and sport reduce
health risks and bring
benefits at both subjective and systemic levels, with significant implications
for social policy14. In a society
where the right to health is increasingly seen as an individual right, often dependent
on economic resources and cultural and relational capital, the role of public policy
in ensuring equity
and access becomes
even more important10,15.
However, access to physical activity and sport remains deeply
unequal. Socio-economic status, cultural capital and spatial factors
significantly shape participation opportunities. Individuals living
in disadvantaged urban
or peripheral areas,
as well as women, migrants and people with disabilities, often face
structural barriers that limit their access to sport.
In this perspective, sport cannot be assumed as inherently
inclusive; rather, it may reproduce existing social inequalities unless
supported by targeted and redistributive public policies.
This paper will analyze the main policies to promote physical
activity and sport that have been implemented in Italy in the 21st century.
In the first phase, we will highlight the main policies promoted
by the European Union that have provided a framework for national
strategies16,17. Attention will then turn to the
recognition of sport as a fundamental right, which will be enshrined in the Italian Constitution in 2023, and examine
the socio-educational and political implications of this important institutional step18. Finally, an attempt will be made to understand
whether this symbolic
date represents a real turning
point in the strategies for promoting physical
activity and sport throughout the country by analyzing some concrete practises and important interventions.
2. Methodology
The article adopts a qualitative research design combining a structured literature review and a
documentary analysis of policy and legal sources.
The literature review
focuses on international and European
scholarship on health promotion, sport policies and social inequalities,
selected through databases (Google Scholar) using keywords such as “physical
activity”, “sport policies”, “health inequalities” and “Europe”.
The documentary analysis concerns Italian and European policy
documents produced between 2000 and 2025 (laws, decrees, EU policy frameworks,
institutional reports). Sources were selected based on their institutional
relevance, regulatory impact, and continuity within policy cycles.
The focus on the 21st century is justified by the emergence of new
governance models in sport, characterised by Europeanisation processes,
neoliberal reforms of public administration and the increasing integration
between sport, health and social policies.
Moreover, this period includes the constitutional reform of 2023,
which represents a critical juncture in the Italian policy trajectory.
3. Policies and actions in Europe in the 21st Century
Following Roscoe Pound’s classic distinction between law in the books and law in action, this article distinguishes between the formal recognition of sport within legal frameworks
and its actual implementation through policies and practices.
This distinction is crucial to assess whether the
constitutionalisation of sport in Italy has produced concrete effects in terms
of access, participation and reduction of inequalities. The European Union’s
policy to promote sport and physical
activity has only recently been introduced. Until the 2000s, they were almost completely absent or fragmented19.
Since the 1990s, citizens’ participation in sporting activities has been increasingly supported to promote
healthy and active lifestyles. This process has led to a development in
European policy that has begun to promote sport at different
levels – social, cultural and economic.
A turning point was the 2007 White Paper on Sport, the first
comprehensive EU document
on the subject, which emphasised the central role of sport in
the growth of the European Commission and set out strategies and actions at
European level20. The White Paper emphasises the importance of sport both as
a means of personal fulfilment and as a means of promoting active citizenship
through social participation21.
The document states:
This initiative marks the first time that the Commission is
addressing sport-related issues in a comprehensive manner. Its overall objective is to encourage debate on specific
problems, to enhance the visibility of sport in EU policy-making and to raise public awareness of the needs and
specificities of the sector. The initiative aims to illustrate important issues
such as the application of EU law to sport20.
The social value of sport was already
recognized in the Nice
Declaration (2000). It states that the EU, although it has no direct
competence, must recognize the educational and cultural functions of sport and
protect its ethical and solidarity role20.
In this perspective, sport is seen as a tool to reduce social and
health expenditure:
• Reduce social and health expenditure by improving public
health and quality of life, especially for the elderly population.
• Strengthen territorial cohesion by breaking down
generational, social and ethnic barriers.
• Improve employability by promoting the development of skills and specialisations in national
and European production systems.
The Lisbon Treaty
(2009) gave the EU special
powers in the field of sport and recognised its
unique character as a voluntary activity with social and educational functions. Since then, the
EU has been promoting the European dimension of sport, fairness, open
competition and cooperation between organisations, supporting funding
programmes such as Erasmus+ and defining
common positions at international level22.
The priorities identified relate to three main areas: social, economic and
political-legal (European Parliament n.d.).
The first post-Treaty cooperation framework was the Work Plan for Sport 2011-2014, which recognized
sport as a sector of support and
coordination contributing to the Europe 2020 objectives for sustainable and
inclusive growth. The plan promoted dialogue with the sport movement,
international cooperation and the integration of sport in health, education and social development23.
Three priority areas were identified:
• Integrity and values (anti-doping, education,
prevention of violence and intolerance, health, social integration).
• Socio-economic dimension (sustainable funding
policy, rules for state aid, regional development, employment).
• Organisation (good governance, special features of
sport, mobility of athletes, protection of minors, broadcasting rights and
intellectual property).
The 2014-2017 work plan consolidates the results of the first plan and recognises that sport plays
a strategic role that goes beyond the game and physical performance: it is seen as a complex phenomenon, a bearer of
values, a factor of integration and a dynamic economic
and productive sector.
This vision requires participatory and coordinated decision-making
processes involving institutions, sports organisations and civil society.
In the 2017-2020 Work Plan, the EU strengthened cooperation between Member States and the Commission, emphasising the value of
volunteering in sport as a tool for social cohesion and informal learning24,25.
The most recent intervention is the Council
Resolution on the EU Work Plan for Sport 2024-2027, which aims at a
strategic and cross-sectoral approach involving sport, health, environment,
digitalization and sustainability, with a particular focus on global crises and
international cooperation. The plan promotes
research, sustainable major
events, sports tourism
and mental health and introduces monitoring systems and platforms for the exchange of best
practises26.
To summarise, the EU policies outlined between the first and second
decade of the 2000s provided a framework within which national strategies, such as those in Italy
discussed in the following paragraph, are also
positioned and developed.
4. Sports Policies in Italy in the years 2000-2010
The growth of sport in Italy is the result of a pluralistic vision that strengthens its role in terms of public planning and intersectoral co-operation at
different levels - regulatory, executive and supervisory.
Italian sports policy in the 2000s represents an important moment of
transition, characterized by the progressive institutionalisation of sport and
the strengthening of the role of the state in its regulation. The most
important measure at the beginning of the decade was Law no. 376 of 14 December
2000, which came into force on 2 January
2001 and introduced for the first time a legal
definition of doping
that preceded the measures provided for in the Lisbon Treaty by several years, stating
that “sporting activity is aimed at promoting individual and collective health
[. ] and may not be practised using techniques, methods or substances
[. ] which could jeopardise the physical and mental integrity of athletes27”.
This regulatory framework reflects the increasing convergence
between sport, public health and control mechanisms and illustrates how sport has become the subject of state
regulation: athletes are no longer just competitors, but also subjects of
health protection, surveillance and criminal liability in the event of
offences. This process is in line
with a European and global trend towards the medicalization and regulation of
sport, which restricts the autonomy
of sports federations, which until the 1990s regulated doping issues internally. The
logic of surveillance introduced by this law reflects what Michel Foucault
would call the biopolitics28 of the competitive body: The athlete’s
body becomes a terrain of control and normalization in which health and
performance are balanced by technical and legal apparatuses.
This regulatory framework can be interpreted through a Foucauldian
lens as part of a broader biopolitical strategy, in which institutions seek to
regulate populations by promoting norms of health, discipline and performance.
In this perspective, sport becomes a key site of governance, where
bodies are not only protected but also monitored, optimised and normalised
according to medical and legal standards. Physical activity is thus framed not
merely as a personal choice, but increasingly as a social expectation linked to
responsible citizenship.
This shift reflects a broader transformation in contemporary
societies, where the management of health is progressively individualised,
while remaining embedded in institutional and regulatory frameworks.
At the same time, Italy tackled the problem of the financial
instability of football clubs in the early 2000s (in 2002 to be precise) with
the adoption of the ‘Save Football’ decree. This decree introduced an
extraordinary measure that allowed clubs to spread the cost of player transfers
over ten years and claim their devaluation against tax, with the stated aim of
ensuring the stability of a sector of
strategic importance to the country’s economy
and image29. This measure
highlights a crucial
tension in Italian sports policy: football, the country’s most important
sport, becomes the subject of extraordinary economic policy measures that
penalize its symbolic and financial weight. This confirms how, since Pierre Bourdieu, the sociology of sport has interpreted professional sport as an autonomous social field that is, however, strongly intertwined
with economic logic and state interests30.
The government’s intervention, even if it was justified
by the emergency, reveals a “politicization” of football and its
transformation into a national public good, with repercussions that go beyond the sporting sphere and affect the construction of consensus and collective identity31.
At the same time, the reform of CONI in 2002 marked a decisive step in the redefinition of the institutional structure of Italian sport by recognizing the Italian National
Olympic Committee as a legal entity under public law and strengthening its strategic
role in the promotion of sport and the management of relations with international federations and bodies. This reform is part of a broader governance process in which sport is seen as a public policy area and planning and
control instruments similar to those in health and education policy are
introduced. The early 2000s also saw the creation of Coni Servizi S.p.A.
(2002), a public company set up to manage operational and logistical activities, which was transformed into Sport e Salute S.p.A. in 2019. This strengthened the link between the state and the promotion of sport through
centralised funding and sports projects32.
This development testifies to the progressive managerialisation of sports
policy, which is evolving from an “associative”’ administration to a corporate logic in line with the neoliberal transformation of public
administration.
During the same period, sport
also became a lever for youth
and regional policy: in 2006, the Department for Youth Policy and Sporting Activities was set up within the Presidency of the Council of Ministers, only to be
abolished in 2008, with its tasks being reallocated between the Department of Sport and the
Ministry of Youth33. The change
in responsibilities reflects the historical difficulty of defining a stable
national framework for sport, which is often fragmented between public
organizations, associations and local administrations. At the same time, more
and more attention is being paid to inclusion: In the 2010s, the ‘Sport and Suburbs’ fund (2016) allocated
100 million euros
for the modernisation of facilities in disadvantaged areas, indicating
a redistributive policy that has its roots in the organisational reforms of the
2000s34. The Italian University
Sports Centre (CUSI) has also launched projects
such as ‘CUSI
Network’ and ‘SPONC!’, which
promote sport and well-being as a means of social inclusion, especially for
young people and people with disabilities35.
The decade 2000-2010 thus marks the transition from a largely self-regulated sports
system to a genuine public sports
policy. However, the institutional fragmentation that characterises the sports policy
of this decade
shows the lack of a coherent centralized strategy,
which is compensated by sectoral interventions and a progressive delegation to
public companies and technical bodies. This underlines the vision of sport as a
tool for integrated public policies: health, education, economy and social
cohesion are interwoven in a framework that anticipates current policies that
are increasingly orientated towards integration, the local environment and
sustainability.
The Italian turning point in sport came in the following decade, as
will be explained in the next paragraph, when sport became one of the rights
protected in our Constitution.
Between 2000 and 2025, Italy experienced significant political
instability, with alternating centre-left, right-wing, technocratic and
populist governments.
However, the analysis
suggests that sport
policies have shown
a relative continuity across political cycles, mainly due to:
• European policy constraints.
• institutional path dependency.
• the growing
recognition of sport as a public
health tool.
While minor variations can be observed (e.g. funding priorities,
governance models), no clear ideological rupture emerges.
This supports the hypothesis that sport policy operates as a
“low-conflict” policy domain,
relatively insulated from partisan
polarisation.
5. Sport as a Fundamental Right in Italy: A Constitutional Innovation with Profound Ethical, Social and Intercultural Implications
On 20 September 2023, the Constitutional Law (no. 1/2023) was finally passed, adding
a new paragraph to Article 33 of
the Fundamental Laws of the Italian Republic: “The Republic recognises the educational and social value of sport in all its forms and its role in promoting
physical and mental well-being”36.
The inclusion of sport in the fundamental rights of the Italian
Constitution in 2023 represents an extraordinary legal innovation
that marks the transition from a sport understood as a leisure activity
to a pillar of human dignity and collective well-being. Although the international recognition of sport as a human right
dates back to the second half of the 20th century, with explicit references
in the United Nations Universal Declaration of Human Rights
and other international charters37,
its formalisation at constitutional level in Italy marks an unprecedented
turning point in the national legislative landscape. This step is not merely
symbolic, but establishes a binding obligation for the state, strengthens legal
protection and redefines collective expectations of sport. This is in line with a global trend that aims
to overcome the idea of sport as a self-regulated regime and instead subject it
to ever stricter legal control.
From a comparative perspective, the explicit constitutional
recognition of sport remains relatively rare in Europe. While several countries
promote sport through legislation and policy frameworks, only a limited number
have formally incorporated it into constitutional texts.
This positions Italy within a broader European trend toward
recognising sport as a public good linked to health, education and social
cohesion, albeit with different legal intensities.
Constitutional recognition is important in several respects.
Firstly, it transforms the promotion of sport from an opportunity into a genuine, inviolable right by imposing
on the State the obligation to remove obstacles
to its full realisation and to guarantee adequate
conditions for its general practise.
In this way, the right to sport receives a more solid and stable
protection, which places it above changing political priorities and
consolidates its central position in the legal system and in public policy. This development is in line with the
fundamental values of dignity,
equality, non-discrimination and the right to health, which sport is called
upon to promote37. It is no
coincidence that sport has long been guaranteed in various constitutional
contexts, partly in response to popular demands for greater democratisation and
state support38.
In addition to strengthening legal protection, the elevation of sport
to a constitutional right also changes policy
for health and well-being. Sport is recognised not only as a tool for primary
and secondary prevention, but also as an essential component of an
individual’s quality of life and psychophysical well-being.
This recognition obliges institutions to consider it as a priority
social investment that can have a long-term impact on the reduction of
inequalities and the economic sustainability of health systems.
The constitutional value of sport is also reflected in its ethical, educational and integrative function. Indeed, sporting activity
is a privileged vehicle for the transmission of fundamental values such
as respect, solidarity and a sense of responsibility. The concept of fair play summarises these principles and makes them a
model of civil coexistence39. Sport teaches
respect for rules and
authority, self-control and the ability
to accept competition, thus contributing to citizenship education. However, sport
is not free from ethical problems,
as phenomena such as doping,
corruption and discrimination show. In this context, constitutional
recognition requires an even stronger commitment to ensuring integrity,
fairness and transparency, including through the role of ethics committees and
supervisory bodies40,41.
Sport is also a powerful social catalyser. Participation in sport strengthens the sense of belonging to a
community, strengthens social bonds and promotes cohesion by creating spaces
for socialising and cooperation42.
At the same time, it requires discipline, perseverance and the ability
to overcome difficulties, qualities that make it a tool for personal
and collective growth43.
In today’s multicultural context, sport is ultimately an
extraordinary means of integration and intercultural dialogue.
Its ability to overcome linguistic, ethnic and religious barriers makes it
a common space for interaction and mutual understanding. Educational experiences and local projects show how it promotes
the integration of migrants, provides
safe spaces for socialisation
and strengthens people’s mental well-being44-46.
Traditional games and Olympic activities also promote intercultural skills and
values of respect and demonstrate the ability of sport to contribute to dialogue and cohesion47. From this perspective, the constitutional amendment of 2023
heralds a new era in which sport becomes an intrinsic right of the individual and a collective responsibility, with
far-reaching transformative effects.
6. From Constitutional Recognition to Practice: A Transdisciplinary Approach to Sport
The inclusion of sport in the Italian Constitution in 2023, which enshrines
the “educational and social value of sport in all its
forms and its promotion of physical and
mental well-being”, has sparked a
heated debate about its real impact as a turning point in strategies to promote
physical activity and sport across the country. On the one hand, there are
several elements that support the idea of significant change and emphasise how
the amendment has shifted the ‘axis’ of political and institutional discourse. Concrete
initiatives such as the promotion of specific calls for
proposals by the Department of Sport for social cohesion, urban regeneration,
the inclusion of people with disabilities and the promotion of active
lifestyles, including “Sport e rigenerazione urbana [Sport and Urban Regeneration]”, “Alimentiamo lo sport
[Let’s Feed Sport]” and “Avviamento allo sport delle persone con disabilità [Introducing People with Disabilities to Sport]”48,
indicate a renewed operational commitment. This commitment is further
strengthened by the allocation of approximately 700 million euros from the PNRR
for sports infrastructure, although the distribution has shown
a concentration on provincial capitals, which risks small municipalities being
left behind. The introduction of a national census of sports facilities aims to
fill a knowledge gap that is essential for effective
policy49. These efforts, combined
with the publication of
studies such as the “Rapporto Sport 2024 [Sport Report 2024]” by Sport
e Salute S.p.A.,
which outlines the new
issues related to the new Article 33 and places
the constitutional reform at the centre of the public discourse
on sport and health, and a lively legal and critical debate on the law, also in relation
to the “risks of its trivialization” if it is not accompanied by adequate
implementation through simple laws, a regulatory framework and resources50,51, show that the new constitutional
framework is being taken seriously as a catalyst for a renewed commitment
and greater legitimacy of sports policy. The evolving
sports regulations, such as Legislative Decree 36/2021 and the changes
relating to the recognition of sports organizations, which will apply from
2023, show a ‘sensitivity’ to the
timing of the entry into force of the constitutional reform and illustrate how
legislation is attempting to adapt to the new context.
However, a cautious analysis suggests that in the short term the constitutional reform is more of a “steppingstone” than a
fully realized turning point. The inherent slowness of the constitutional
reform implementation processes, caused in part by the lack of a transition
period and the delay in translating the constitutional principle into clear and binding
implementing provisions, is a significant limitation48,50. In addition, the ‘wait-and-see’ effect
of policies with regulations and funding (such as
the PNRR) already planned or launched before 2023 makes it difficult to isolate
the direct causal impact of the constitutional amendment from a pre-existing
development dynamic. In order to fully exploit the potential of this
recognition, it is therefore necessary to consistently translate it into laws and implementation
programmes, distribute resources
fairly and strengthen planning and coordination capacities at all levels of government
in order to overcome the challenges related
to administrative culture
and local capacities48,50.
In this context, the full implementation of constitutional
recognition requires that sport is not treated
as a sectoral domain but
analysed through a transdisciplinary approach.
Rather than being transdisciplinary, sport represents a complex
social phenomenon that can be understood more effectively by integrating
different perspectives - sociological, medical, educational and economic. A
transdisciplinary approach allows researchers and policymakers to address the multifaceted nature of sport, overcoming
disciplinary boundaries and fostering more comprehensive forms of
knowledge and intervention52.
This is particularly evident in the link between sport and public health, where
exercise and physical activity are recognised as key factors
in prevention and wellbeing.
The concept of “physically active learning” demonstrates how education and
health are inextricably linked and how physical activity can become an integral
part of educational processes. Transdisciplinary research approaches have made it possible
to address complex topics such as energy management in female athletes or
injury prevention by combining medical, educational and social perspectives53,54. From a sociological perspective, sport
is also a social and economic phenomenon of growing importance that can influence cohesion, development
and public policy55. The sociology of sport in dialogue with
the technological and human
sciences enables us to understand how social changes influence the practise of sport and are in
turn influenced by it. In the field of education, sport
also contributes to the
physical, cognitive, emotional and social development of individuals, and
academic institutions play a crucial role in its promotion56. From an economic and management
perspective, the increasing complexity of sport requires
skills that go beyond
the technical field and encompass knowledge in the areas of economics, communication and law. Sport
management is an interdisciplinary discipline that integrates several fields of
knowledge and requires the collaboration of different actors57. At the same time, the humanities and
cultural studies have embraced the symbolic
dimension of sport, which is understood
as a
reflection and mirror
of cultures, values
and identities. As a
transdisciplinary phenomenon, sport is therefore not limited to the playing
field, but interacts with health, education, economy and culture and plays a
strategic role in building sustainable and inclusive
societies. In this perspective, it contributes to the achievement of the Sustainable
Development Goals and the
promotion of collective well-being58,59.
Understanding and applying this transdisciplinarity inherent in sport is
therefore crucial for translating the constitutional norm into real and
systemic impact60-62.
7. Conclusions
The path of sports policy in Italy in the 21st century is
characterised by increasing institutionalisation, which found its highest
expression in the constitutional recognition of the right to sport
in 2023. This development is not a simple updating of regulations, but a profound
redefinition of the relationship between sport and society. By elevating sport
and physical activity to a fundamental right, the Constitution has enshrined
the value of sport as a tool for dignity, health and integration.
The effects of this recognition are manifold. In the area of health,
it strengthens the role of sport in prevention and the reduction of inequalities. On an educational and social level, it
strengthens its ethical
and intercultural function,
which can promote cohesion,
fair play and mutual respect.
From a governance perspective,
it provides a clear mandate for strategic planning and targeted investment that
overcomes the fragmentation of the past.
If we understand sport as a transdisciplinary phenomenon, we can
also fully realise its transformative potential. Its ability to connect
different disciplines and tackle complex problems holistically makes it a
driver of innovation and integration that can contribute to human development
and social sustainability.
The challenge for the future will be to translate this
constitutional recognition into concrete, widespread and accessible practises
that guarantee every citizen not only access to
sport, but also the full enjoyment of its benefits.
Only through effective and widespread implementation will sport be able
to fulfil its transformative potential and consolidate itself as a universal
right and an essential tool for health, education and cohesion in today’s
society.
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