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1 – 10 of 206Luke Thomas Joseph Cox, Andrew Bloodworth and Mike Mcnamee
In response to widespread concerns about health and fairness within elite sport, the World Anti-Doping Agency (WADA) was established as an organization to tackle the use of…
Abstract
In response to widespread concerns about health and fairness within elite sport, the World Anti-Doping Agency (WADA) was established as an organization to tackle the use of performance enhancing drugs in sport. Whilst significant efforts have been made to regulate performance enhancement in the context of elite sport, the use of prohibited substances continues to persist. Doping rules are now potentially applicable across sporting levels, not just within elite sport. The WADA has further formalized its jurisdiction in recreational sport by defining the term ‘recreational athlete’ for the purposes of their regulation within and by the 2021 WADA Code. The extension of Anti-Doping Policy into recreational sport broadens the scope of anti-doping's regulatory framework but is consistent in its health protection rationale, and its attempt to preserve sporting integrity. There are, however, a number of ethical concerns associated with the application of Anti-Doping Policy within recreational sport. Anti-doping policy was originally designed exclusively for elite athletes and although amendments have been made within the revised 2021 World Anti-Doping Code, it is unclear whether this extension is justifiable or operationalizable on a global scale. This chapter pays particular attention to the 2021 WADA Code revisions and draws attention to the role of anti-doping policy within recreational sport. Here we raise some ethical concerns associated with the 2021 WADA Code and critically examine the implications for recreational athletes.
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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…
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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.
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The chapter presents a critical analysis of the functions of the Court of Arbitration for Sport (CAS), identifying how athletes who appeal to CAS for resolution of doping disputes…
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The chapter presents a critical analysis of the functions of the Court of Arbitration for Sport (CAS), identifying how athletes who appeal to CAS for resolution of doping disputes face the problems of ‘stacked decks’ and ‘repeat parties’. A detailed critique of CAS's claim that it supports athletes' human rights, in the document titled ‘Sport and Human Rights: Overview from a CAS Perspective’, reveals the shaky ground on which the CAS authors based their argument. Detailed analyses of several recent doping cases reveal chronic problems of inconsistent and subjective awards, and, in the case of Chinese swimmer Sun Yang, issues of racist discrimination.
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Katharina Gatterer and Cornelia Blank
There are two key approaches in doping prevention research: (1) to investigate why athletes dope (i.e. risk factors) and (2) to investigate why athletes do not dope (i.e…
Abstract
There are two key approaches in doping prevention research: (1) to investigate why athletes dope (i.e. risk factors) and (2) to investigate why athletes do not dope (i.e. protective factors). Both approaches aim to reduce the occurrence of doping. Even though there is a lot of evidence showing which factors protect athletes from doping, there is still the problem of putting research into practice. Currently, evidence-based prevention is lacking. In this chapter, we propose a roadmap of possible solutions in three areas: improving the translation of research findings into practice, increasing financial resources and training of human resources, and acknowledging the recipients' voice.
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The Australian Football League (AFL) is the premier sporting competition in Australia in terms of capital outlay, breadth of industry associations, public consumption, and…
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The Australian Football League (AFL) is the premier sporting competition in Australia in terms of capital outlay, breadth of industry associations, public consumption, and arguably cultural significance. The AFL competition is now a domain of specialisations and interests, which provides vast opportunity for both sporting and non-sporting institutions seeking to utilise the game to capitalise on a society of consumption, entertainment and risk. AFL officials expect high standards of their players both on and off the field. These standards are expressed in various forms of Codes and Policies. Off field player misconduct is an ongoing concern not escaping media attention, which is a resounding indication more needs to be done by the AFL to improve responsible player character development. Whether the current education programmes are sufficient to meet the AFL’s own expectations is the central issue addressed in this chapter. As it stands AFL governance is deficient on several counts. In this chapter I will focus on three governance deficiencies: firstly, the AFL Illicit Drug Policy (IDP) contains unnecessary inconsistencies relative to its primary purpose; secondly, the present measures undertaken to ensure players have appropriate education to achieve the expected character development are far from efficacious and so arguably can be vastly improved; and thirdly, the promotion of live-odds gambling during televised games is culturally problematic and inconsistent with its own demands. The ethical grounds central to this investigation are ‘fairness’ and ‘cultural influence’. In order to resolve some of its governance concerns I will explain why the AFL should be characterised as a practice-community and as such should adopt a comprehensive virtue and value-based compliance ethical education programme consistent with its own vision and conduct expectation of its players and officials. I will argue that the AFL as a practice community is much more than simply a game, given its cultural influence, commercial associations and community programmes.
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Jean-Loup Chappelet and Nicolien van Luijk
The purpose of this chapter is to examine the functioning of the World Anti-Doping Agency (WADA), an organisation that is coordinated by national governments and private sporting…
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The purpose of this chapter is to examine the functioning of the World Anti-Doping Agency (WADA), an organisation that is coordinated by national governments and private sporting organisations to fight doping in sport. Drawing on official WADA documents and one of the authors’ first-hand knowledge of WADA’s workings, we begin by presenting the agency’s objectives, its joint Olympic Movement-public authorities governance structure, its stakeholders and its more important procedures. WADA is currently facing a number of challenges it must overcome if it is to ensure effective cooperation between governments and the sports movement and continue leading the fight against doping. We next briefly examine these challenges, which affect four main issues: athlete testing, compliancy by anti-doping stakeholders, governance structures and the agency funding. We conclude our analysis by suggesting possible ways of addressing these issues, drawn up in light of semi-directive interviews carried out in September 2016 with two senior representatives of WADA, two UNESCO representatives responsible for cooperation with WADA and two experts in national and international doping legislation. These data were complemented by discussions with stakeholders attending the three-day symposium held by WADA in Lausanne in March 2017. The conclusion stresses the need for WADA to restore public and government confidence in its work, 17 years after it was created.
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The World Anti-Doping Agency (WADA) excluded Russia from international sporting events for four years in December on the grounds that officials manipulated anti-doping data before…