The 2009 WADA Code: A More Proportionate Deal for Athletes?
This article seeks to assess the leading force in developing anti-doping policy in sport; the World Anti-Doping Agency. This article will analyse the 2009 World Anti Doping Agency Code, which came into force on 1 January 2009. The 2009 Code represents the latest effort to fight doping in sport, and...
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| Format: | Article |
| Language: | English |
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University of Westminster Press
2016-06-01
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| Series: | Entertainment and Sports Law Journal |
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| Online Access: | https://www.entsportslawjournal.com/article/id/796/ |
| _version_ | 1811212839889666048 |
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| author | Tarik Sabry |
| author_facet | Tarik Sabry |
| author_sort | Tarik Sabry |
| collection | DOAJ |
| description | This article seeks to assess the leading force in developing anti-doping policy in sport; the World Anti-Doping Agency. This article will analyse the 2009 World Anti Doping Agency Code, which came into force on 1 January 2009. The 2009 Code represents the latest effort to fight doping in sport, and contains a considerable number of new provisions from that which was previously in place. The main question this article poses is whether the changes made in the 2009 Code are justifiable as being proportionate in order to take forward the fight against doping whilst at the same time respecting athletes’ rights. The article goes on to detail the new provisions of the 2009 Code and assesses the proportionality of each in the light of standard principles of justice and specific sporting jurisprudence on the matter, particularly the judgments of the European Court of Justice on this issue. The conclusion reached is that several of the provisions contained in the 2009 Code are in breach of the proportionality principle by violating the personal rights of athletes, particularly those relating to economic livelihood, privacy and procedural fairness. Accordingly, aggrieved athletes will inevitably bring legal disputes. |
| first_indexed | 2024-04-12T05:36:05Z |
| format | Article |
| id | doaj.art-c69e12997a1748db94e0079fbe8aaf08 |
| institution | Directory Open Access Journal |
| issn | 1748-944X |
| language | English |
| last_indexed | 2024-04-12T05:36:05Z |
| publishDate | 2016-06-01 |
| publisher | University of Westminster Press |
| record_format | Article |
| series | Entertainment and Sports Law Journal |
| spelling | doaj.art-c69e12997a1748db94e0079fbe8aaf082022-12-22T03:45:51ZengUniversity of Westminster PressEntertainment and Sports Law Journal1748-944X2016-06-018110.16997/eslj.45The 2009 WADA Code: A More Proportionate Deal for Athletes?Tarik Sabry0Communication and Media Research Institute University of WestminsterThis article seeks to assess the leading force in developing anti-doping policy in sport; the World Anti-Doping Agency. This article will analyse the 2009 World Anti Doping Agency Code, which came into force on 1 January 2009. The 2009 Code represents the latest effort to fight doping in sport, and contains a considerable number of new provisions from that which was previously in place. The main question this article poses is whether the changes made in the 2009 Code are justifiable as being proportionate in order to take forward the fight against doping whilst at the same time respecting athletes’ rights. The article goes on to detail the new provisions of the 2009 Code and assesses the proportionality of each in the light of standard principles of justice and specific sporting jurisprudence on the matter, particularly the judgments of the European Court of Justice on this issue. The conclusion reached is that several of the provisions contained in the 2009 Code are in breach of the proportionality principle by violating the personal rights of athletes, particularly those relating to economic livelihood, privacy and procedural fairness. Accordingly, aggrieved athletes will inevitably bring legal disputes.https://www.entsportslawjournal.com/article/id/796/human rightsWADAsportdopingProportionality |
| spellingShingle | Tarik Sabry The 2009 WADA Code: A More Proportionate Deal for Athletes? Entertainment and Sports Law Journal human rights WADA sport doping Proportionality |
| title | The 2009 WADA Code: A More Proportionate Deal for Athletes? |
| title_full | The 2009 WADA Code: A More Proportionate Deal for Athletes? |
| title_fullStr | The 2009 WADA Code: A More Proportionate Deal for Athletes? |
| title_full_unstemmed | The 2009 WADA Code: A More Proportionate Deal for Athletes? |
| title_short | The 2009 WADA Code: A More Proportionate Deal for Athletes? |
| title_sort | 2009 wada code a more proportionate deal for athletes |
| topic | human rights WADA sport doping Proportionality |
| url | https://www.entsportslawjournal.com/article/id/796/ |
| work_keys_str_mv | AT tariksabry the2009wadacodeamoreproportionatedealforathletes AT tariksabry 2009wadacodeamoreproportionatedealforathletes |