By Paul David
Doping is the most important challenge dealing with game. the realm Anti-Doping Code has been followed via carrying corporations all over the world at either nationwide and foreign point to supply a constant and harmonised method of anti-doping measures. The adoption of the Code, and its interpretation and alertness through the court docket of Arbitration for game, has led to nice adjustments in activities legislations. This e-book offers a advisor to the Code, illustrated via summaries of choices through the court docket of Arbitration for activity and nationwide point tribunals which convey the Code in operation. it is going to help all these focused on game, even if as directors, coaches or gamers, including those that recommend within the zone and people attracted to the operation of the present anti-doping regime. The publication additionally explains the Amendments to the Code agreed in 2007 that are scheduled to come back into strength via January 2009.
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Additional info for A Guide to the World Anti-Doping Code: A Fight for the Spirit of Sport
It would, indeed, be shocking to include in a ranking an athlete who had not competed using the same means as his opponents, for whatever reason. [Emphasis added] In conjunction with such a sporting sanction, a disciplinary sanction may also be involved in a doping case. In a majority of cases this is a suspension of the athlete who tested positive. The Panel believes that the different sports rules on sanctions and doping cases should make allowance for an appreciation of the subjective elements in each case for it is, indeed, the task of the sports authorities to establish the guilt of an athlete in order to fix a just and equitable sanction.
1 at page 9 of the Code) was expressed as follows: It is true that a strict liability test is likely in some sense to be unfair in an individual case, such as that of Q, where the athlete may have taken medication as the result of mislabelling or faulty advice for which he or she is not responsible – particularly in the circumstances of sudden illness in a foreign country. But it is also in some sense ‘unfair’ for an athlete to get food poisoning on the eve of an important competition. Yet in neither case will the rules of the competition be altered to undo the unfairness.
This question had to be approached by asking whether such a material affect on the reliability of the test was a reasonable conclusion to draw from the failures established. 33 There was no need for the IOC, or any other party bringing an antidoping allegation, to prove either that the athlete intended to cheat, or was at fault, in order to establish the offence of doping. If the athlete was found to have a prohibited substance in his or her system, then a violation was established and the athlete had to be disqualified from the competition in which the test took place.