Athletes’ fundamental rights in the anti-doping process

Abstract

The aim of this thesis is to analyse the relationship between the anti-doping regulations promulgated in the World Anti-Doping Code, and the fundamental rights of athletes participating in different levels of sport. Doping is the use of prohibited substances or methods by athletes with the goal of improving their performance, something which violates the spirit of sport. The World Anti-Doping Code is the main instrument regulating doping and has been criticised for not giving sufficient importance to athlete’s rights. After analysing the history and background of anti-doping, the thesis will analyse each part of the anti-doping process in relation to specific rights. Athlete eligibility and selection will be discussed in light of the right to equal treatment while aspects of the process such as ADAMS and the Whereabouts system will be compared to the right to privacy. The third and fourth chapter will deal with the right to a fair trial and the various rights which fall under it. Importance will be given to the burden of proof with an emphasis on the strict liability principle, one of the most important elements of the anti-doping system. Finally, the right to work and the right to liberty will be discussed in view of the sanctions imposed on athletes whose test results present an Adverse Analytical Finding. In its concluding part, this thesis will analyse various opinions written about the relationship between anti-doping and fundamental rights of athletes and will give suggestions as to how the system can be improved. A focus will be placed on the proportionality principle which is the paramount principle to follow and which embodies the right balance for both antidoping and fundamental rights to flourish.