Athletes’ Rights Under the World Anti-Doping Code: A Legitimate Public Interest?

(2018) 43(3) Alternative Law Journal 197.

Posted: 1 Sep 2021

See all articles by Daniel Goldsworthy

Daniel Goldsworthy

Deakin Law School; Melbourne Law School

Date Written: January 28, 2018

Abstract

World Anti-Doping Agency considers doping transgressions strict liability offences. Strict liability offences that restrict human rights may be morally justified where legitimate social interests outweigh the rights of individuals. The World Anti-Doping Agency Code is currently under review, with a revised Code expected to be issued in January 2021. This article critically examines whether the Code conforms to international human rights standards, and whether strict liability can be ethically justified on the basis that they are in the public interest. It also considers how the principles of anti-doping policy may be shaped by and for athletes through a Rawlsian critique of anti-doping regulation.

Keywords: Doping, drugs in sport, human rights, Olympics, Rawls, strict liability offences, World Anti-Doping Authority

Suggested Citation

Goldsworthy, Daniel, Athletes’ Rights Under the World Anti-Doping Code: A Legitimate Public Interest? (January 28, 2018). (2018) 43(3) Alternative Law Journal 197., Available at SSRN: https://ssrn.com/abstract=3774711

Daniel Goldsworthy (Contact Author)

Deakin Law School ( email )

75 Pigdons Road
Victoria, Victoria 3216
Australia

Melbourne Law School ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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