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5 - Articles 1 and 2 of the Code: anti-doping rule violations under the Code

Published online by Cambridge University Press:  24 June 2009

Paul David
Affiliation:
Eldon Chambers, Auckland NZ
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Summary

Article 2, a ‘core’ provision in the Code, which will be reproduced verbatim in all Code-compliant doping policies, sets out the violations which may be committed by athletes and other persons who are bound by the Code, and which anti-doping organisations will seek to investigate and establish. Doping is defined by Article 1 as the occurrence of one or more of the anti-doping rule violations in Article 2.1. The violations in Article 2 extend beyond the violations of doping (in the sense of having an athlete having a prohibited substance or method in his or her bodily sample) and refusing to submit to testing, which have largely been the focus of anti-doping investigations and proceedings to date, and include violations which involve various forms of intentional conduct relating to prohibited substances or the testing process. This range of violations was present in the OMADC and in many sports anti-doping policies before the Code, but the enforcement of anti-doping regimes focused, to a considerable degree, on the detection of the presence of prohibited substances and methods by collecting and analysing bodily samples for testing. The establishment of WADA, and the ever-increasing awareness of the scope of the problem of doping in sport, have seen greater attention given to the need to investigate and establish other violations as a means of combatting doping generally. Violations such as administering and trafficking in prohibited substances can, if detected and established at a hearing, target the persons involved in providing doping products to athletes.

Type
Chapter
Information
A Guide to the World Anti-Doping Code
A Fight for the Spirit of Sport
, pp. 90 - 132
Publisher: Cambridge University Press
Print publication year: 2008

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