The Strict Liability Principle and the Human Rights of Athletes in Doping Cases

Janwillem Soek

ISBN 10: 9067042269 / ISBN 13: 9789067042260

Published by T.M.C. Asser Press Aug 2006, 2006

About this Item

Neuware - This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in an athlete's bodily fluids the athlete in question is strictly liable for a doping offence. Analyzing the nature of doping offences, the author puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. This will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties.

Seller Inventory # 9789067042260

Bibliographic Details

• Title: The Strict Liability Principle and the Human Rights of Athletes in Doping Cases
• Publisher: T.M.C. Asser Press Aug 2006
• Publication Date: 2006
• Language: English
• ISBN 10: 9067042269
• ISBN 13: 9789067042260
• Binding: Buch
• Condition: Neu
• Dimensions: 244W x 159H x 32D millimeters 244 millimeters width by 159 millimeters height by 32 millimeters depth
• Weight: 849 grams

About this title

Synopsis

​With a Foreword by Hein Verbruggen, UCI Honorary President for life and IOC Member

This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced.

According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in athlete’s bodily fluids the athlete in question is strictly liable for a doping offence. In the disciplinary procedure there is no discussion about his guilt and the athlete is not given an opportunity to disprove his guilt. One of the starting points of the European Convention of Human Rights (ECHR) is that suspects are not guilty until their guilt has been proven conclusively based on the law, which includes the right of defence.

The author analyzes the nature of doping offences and puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned.

As not only the athlete himself, but also sports clubs and sponsors may suffer serious damage from such sanctions, this book on the strict liability principle will be of great interest to practitioners and academics in more than one field of law. Moreover, it will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties.

Janwillem Soek is a senior researcher at the ASSER International Sports Law Centre, The Hague, The Netherlands.

About the Author

Janwillen Soek is a Senior Researcher at the ASSER International Sports Centre, The Hague, The Netherlands.