The Strict Liability Principle and the Human Rights of Athletes in Doping Cases

ISBN-13: 9789067042260 / Angielski / Twarda / 2006 / 478 str.

Janwillem Soek

Opis

This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in an athlete's bodily fluids the athlete in question is strictly liable for a doping offence. Analyzing the nature of doping offences, the author puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. This will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties.

Spis treści

Substantive Law.- The Purpose of The Ban On Doping (Arguments Against The Use Of Doping).- Definition of Doping and the Description of the Doping Offence.- The Punishability of the Act of Doping.- The Liability of the Perpetrator for The act of Doping.- System of Sanctions.- Procedural Law.- The Nature of the Doping Trial and the Due Process Principles.- General Summary and Conclusions.- General Summary and Conclusions.

Blurb

​With a Foreword by Hein Verbruggen, UCI Honorary President for life and IOC Member

This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced.

According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in athlete’s bodily fluids the athlete in question is strictly liable for a doping offence. In the disciplinary procedure there is no discussion about his guilt and the athlete is not given an opportunity to disprove his guilt. One of the starting points of the European Convention of Human Rights (ECHR) is that suspects are not guilty until their guilt has been proven conclusively based on the law, which includes the right of defence.