In the morning of yesterday, Claudio “Chiqui” Tapia alerted the Argentine national team. It was during a conversation with FM Urbana Play that he revealed that Rodrigo DePaulone of the undisputed figures of the group directed by Lionel Scallonicould be at risk of missing the World Cup in November, in the context of the legal dispute over his divorce from Camila Homs: “To go to Qatar, What you do not have to have is a criminal complaint with a pending convictiona gender issue or something similar, that is what we understand from what the article of the FIFA Regulations marks, “said the leader.
The statements, which involve in particular the payment of child support to the midfielder’s children (“I do not believe that any parent refuses to give their children what is really due”, Tapia continued), generated intense conversations about what must happen so that he can be part of the World Cup event, but the facts show that the highest authority of Argentine soccer spoke too quickly on the subject, and the situation would not be as immediate as he made it seem.
In the first instance, the lawyer specializing in football law Edward Martins explains that there is no specific regulation that prevents De Paul from playing the tournament, given his situation: “From a regulatory point of view, there is no specific regulatory framework that determines whether or not an alimony debtor can participate in a world competition”.
Indeed, neither the World Cup Regulations nor the FIFA Disciplinary Code mention soccer players who have active legal cases among the criteria to be able to participate in the competition. That said, the latter does refer to sanctions towards “Any person who violates the dignity or integrity of a person or a group of people using derogatory, discriminatory or humiliating words or actions (by whatever means) based on gender”, under which an interpretation can be made that would directly affect exRacing.
However, the jurisprudence regarding cases of gender violence applied in recent years could have a weight in the decisions that both the AFA and FIFA can make on the subject. “What there are are specific principles of law that have to do with gender equality and the fight against discriminationMartin explains. “Based on these principles, elements can be taken from the beginning to make decisions.” The main example of this paradigm shift would be in the #SafeHome campaign, which FIFA led last year together with the World Health Organization to raise awareness about domestic violence.
In any case, to reach the point where a footballer must be suspended due to the situation in which De Paul is involved, a series of measures must be taken for which there is still a long way to go. “With the new social trends and all the changes there are, non-payment of a fee can be considered a type of economic gender violence. What happens is that the amount of the fee is being discussed, and while it is being discussed there is no breach. There will be when there is a final sentenceMartins argues.
Even so, if the Atlético de Madrid footballer receives a final sentence for non-compliance with the food quota, it will be in the hands of the AFA and/or FIFA to determine if the act incurs in a case of violence. “There are many players in Argentina who have been denounced, some have separated him, others have not,” says Martins, citing former player Alexis Zárate, who was sentenced in 2017 for sexual abuse, as an example. “The day that the final sentence comes out, he was scheduled for a game in Temperley, at that very moment he was removed from the campus.”
In this way, contrary to the strong declarations of Tapia, currently Rodrigo de Paul there is no risk of playing both the FIFA dates in September and the subsequent World Cup. Of course, it will be your responsibility to resolve your legal conflict with Homs to avoid any inconvenience, but even in the worst case, the AFA would have to act against its own interests to block one of the protagonists of the selected team from competing for the highest goal. : “I don’t think it will come to such a situation, it gives me the feeling that this is more intended as a message than any other kind of wayMartins concludes.