Anti-doping and athletes’ rights under EU law: four-year period of ineligibility as disproportionate sanction?

Exner, Jan

doi:10.1007/s40318-018-0119-x

Cited by 10 publications

(4 citation statements)

References 2 publications

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“…holding the team responsible for the actions of an individual); and 4) a relatively low standard of proof for doping offencescomfortable satisfaction, rather than beyond reasonable doubt [17]. The concept of the spirit of sport deserves further discussion, as it plays a crucial role in WADA's justification of an aggressive (and, some have argued, disproportionate [18]) anti-doping policy and it has also featured in arguments for the criminalisation of doping (discussed in "The Criminalisation of Neurodoping in Chess", below). WADA describes the spirit of sport in the following terms:…”

Section: Chess Mental Stamina and The Spirit Of Sportmentioning

confidence: 99%

“…17 Under the Misuse of Drugs Act 1971 and the Medicines Act 1968. 18 The definition of Fraud by false representation is set out in the Fraud Act 2006, S.2 (1), which states that " A person is in breach of this section if he (a) dishonestly makes a false representation, and (b) intends, by making the representation (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss." A false representation can be made implicitly -Williams [1980] Crim LR 589.…”

Section: The Criminalisation Of Neurodoping In Chessmentioning

confidence: 99%

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Neurodoping in Chess to Enhance Mental Stamina

Shaw

2021

Neuroethics

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Section: Chess Mental Stamina and The Spirit Of Sportmentioning

confidence: 99%

Section: The Criminalisation Of Neurodoping In Chessmentioning

confidence: 99%

Neurodoping in Chess to Enhance Mental Stamina

Shaw

2021

Neuroethics

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“…Petrenko, 2006). In addition, J. Exner notes that the elimination of athletes from competitions for the use of doping is questionable sanctions, since, as the statistics show, this does not lead to a reduction of anti-doping rule violations (Exner J., 2018).…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Fight Against Doping: Experience of Ukraine and European States

Reznik

Muzychuk

Andriichenko

et al. 2020

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The article deals with the study of the anti-doping experience of Ukraine and European countries. It considers a number of doctrinal and regulatory approaches to the understanding of doping and anti-doping rule violations and, accordingly, the importance of combating such phenomena. The article examines the provisions of international acts regulating the list of prohibited substances, doping testing, the application of sanctions for anti-doping rule violations, and formulates the conclusion on the need to improve the list of prohibited substances, which currently hinders the effectiveness of anti-doping measures. It focuses on the criminal law of Ukraine, Hungary, Estonia, Finland, Germany, Poland, Italy, and Spain, which provides for the criminal liability for doping, including its illegal production, trade, appointment, use, and forcing other persons to use it. The article describes the peculiarities of a unique approach to legal liability for doping in Austria and France, where the specified actions are regarded as fraud. The article establishes the necessity of introducing changes to Article 323 of the Criminal Code of Ukraine to improve the fight against doping in Ukraine and the expediency of harmonizing the provisions of the national legislation of Ukraine and European states with the international rules in terms of the definition of doping and the list of prohibited substances.

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“…In previous accounts, academics have questioned whether anti-doping sanctions are justified and outline that 4-year doping sanctions for first time doping offences breach human rights (Exner, 2018). Furthermore, Kornbeck (2013) questions the foundations of the criteria for inclusion of substances and methods on the Prohibited…”

Section: Justified and Proportional?mentioning

confidence: 99%

An Exploration of Doping in Recreational Welsh Rugby An Ethical Analysis of Policy Responses

Cox¹

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Doping is widely misperceived as a problem limited to elite athlete populations. Yet evidence for the occurrence of doping at recreational levels can be found from a variety of sources across a range of sports. Understanding this phenomenon is made problematic because of the difficulties in accessing these athletes. The ambiguity in motivations for doping at this level has led researchers and policy makers to consider whether the problem is more one of public health rather than simply performance-related cheating in sport. This thesis explores the motivations, knowledge, perceived harms, perceptions of anti-doping policy, and the drug use practices of recreational Welsh rugby players, where prevalence is disproportionately high in the UK. Semi structured interviews with recreational Welsh rugby players (n=13) and gym users (n=9) from the South and West Wales region were conducted. Four key themes emerged: (i) the use of doping substances for aesthetic reasons; (ii) a concern for body image that can trigger doping; (iii) a range of problematic risk-taking behaviours; and (iv) lack of concern for anti-doping policy and practice. Given the harms associated with doping, attention was paid to the problem of identifying whether the primary policy response should be driven by health or sport organisations. An alternative policy response within harm reduction is here considered, adapting a contentious framework from the ethics of self-harm. Three broad alternative policy proposals are critically presented in relation to doping in recreational sport: (1) to prevent it; (2) to allow it; and (3) to supervise it. Each model is rejected. Due to the seriousness of the harms associated with doping and the public health threat, it is argued that public health bodies must provide specialist harm reduction for recreational athletes and gym users within Wales, to better protect the health of recreational athletes and the general public.

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Anti-doping and athletes’ rights under EU law: four-year period of ineligibility as disproportionate sanction?

Cited by 10 publications

References 2 publications

Neurodoping in Chess to Enhance Mental Stamina

Neurodoping in Chess to Enhance Mental Stamina

Fight Against Doping: Experience of Ukraine and European States

An Exploration of Doping in Recreational Welsh Rugby An Ethical Analysis of Policy Responses

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