Through the analysis of the 2021 Code, the authors argue that the amendments attempt to strike a fine balance between strengthening the anti-doping regime and promoting clean sport, while also attempting to ensure that the rights of athletes are better protected.
Authors
Shaun Star, Associate professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Aniruddha Kambhampati, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The prime driver of the harmonization of anti-doping has been the World Anti-Doping Agency (WADA), whose Code is the universal document upon which the anti-doping program is predicated.
This paper critically examines the contents of the revised 2021 World Anti-Doping Code (2021 Code) and evaluates how far it goes towards meeting the goals prescribed under it, namely: to promote health, fairness, and equality for athletes by making sport doping-free, and to ensure harmonized, coordinated, and effective anti-doping programs at the international and national level.
Through the analysis of the 2021 Code, the authors argue that the provisions introduced are significant. The amendments attempt to strike a fine balance between strengthening the anti-doping regime and promoting clean sport, while also attempting to ensure that the rights of athletes are better protected.
However, it is also argued that some significant gaps still exist and there is room for further reform. In addition, the enforcement of the Code at all levels within the anti-doping framework is critical, especially with respect to the athletes’ guarantees and rights enshrined thereunder. As such, WADA and National Anti-Doping Organizations have an important role to play in ensuring that the rights of athletes are protected.
This paper furthers the discourse on the need to safeguard the interests of athletes while promoting clean sport, and discusses a mix of legal and socio-political perspectives to critique the current anti-doping framework.
Published in: The International Sports Law Journal
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