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Athletes, Law and the World Anti-Doping Code: A Perspective

Lovely Dasgupta (The West Bengal National University of Juridical Sciences, India)

Doping in Sport and Fitness

ISBN: 978-1-80117-158-8, eISBN: 978-1-80117-157-1

Publication date: 12 December 2022

Abstract

This chapter explores the relationship between athletes and sports law within the anti-doping narrative. The World Anti-Doping Code is the most important reference to understand this relationship. Athletes are constantly pressured to meet standards beyond reasonable expectations. This chapter explores the anti-doping narrative from the athletes' perspective, mapping out the inherent legal hurdles impeding delivery of equitable outcomes for the athletes. Such hurdles are the result of lack of bargaining power by the athletes. This chapter critically evaluates the existing literature on the anti-doping narrative and identifies the gaps in the structures affecting the athletes, Sports Governing Bodies and the World Anti-Doping Agency (WADA). This chapter then focuses on the usurpation of athlete's rights through the instrumentality of the WADA Code that appears to predominantly promote and protect the interests of the governing class against those it governs. It is one of the first to analyze the existing anti-doping narrative and its impact on athlete's right within the 2021 WADA Code, which has not introduced any fundamental changes to the existing anti-doping narrative. The chapter argues for a more equitable treatment of the athletes while enforcing the 2021 Code, and for revising the existing anti-doping measures vis-à-vis athletes and opens possible areas of future research.

Keywords

Citation

Dasgupta, L. (2022), "Athletes, Law and the World Anti-Doping Code: A Perspective", Henning, A. and Andreasson, J. (Ed.) Doping in Sport and Fitness (Research in the Sociology of Sport, Vol. 16), Emerald Publishing Limited, Leeds, pp. 17-33. https://doi.org/10.1108/S1476-285420220000016002

Publisher

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Emerald Publishing Limited

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