Perspectives of Human Rights on Strict Liability in Anti-Doping Rules

Abstract

The principle of strict liability in the global anti-doping rules, regulations and policies has been applied by the World Anti-Doping Agency (WADA) and self-governance of global sports anti-doping worldwide. It is defined as a liability without fault that sportspeople have when a prohibited substance is directly or indirectly present in a sportsperson's body, even if a sportsperson unintentionally used a prohibited substance. It, in principle, aims to internationally meet the needs of maintaining accountability, fairness and transparency of sports activities and competitions for sports governing bodies, sports agencies, clubs, sportspeople and all relevant stakeholders at all levels. The legal formalisation of the WADA member countries' commitment to the use of strict liability in anti-doping regulations as a policy objective is completed by globalisation of the WADA rules and regime. However, some areas of emerging anti-doping practices can gain an unfair advantage over some athletes which used a prohibited substance intentionally or negligently. This paper looks at new developments like the World Anti-Doping Code (WADA Code) which challenge the athletes’ right to work and practice sport currently granted by WADA’s bodies. This article also considers the more incisive strict liability approach adopted by the WADA member countries toward global anti-doping enforcement raises several issues for the rights of sportspeople to access the reasonable justice and athletes’ rights within reasonable standards of fair anti-doping practices.