Exam flashcards
(33 cards)
What is Wada’s strict liability principle?
Athlete’s are responsible for any prohibited substance in their body regardless of intent or fault
Which ethical principles apply to strict liability?
Justice - is it fair to punish without intent
Autonomy - athlete’s duty to control their bodies vs limits of control
Non-maleficence - risk of harm from over-penalisation
Spirit of sport - integrity may demand harsh measures
What is the philosophical and ethical justification of strict liability?
Strict liability is justified by the need for fairness, deterrence, and uniform equipment. It removes the need for proving intent, speeding up the process. Ethically it promotes justice is terms of equal accountability but may undermine individual fairness if context is ignored
What WADA articles allow reduced sanctions under strict liability?
10.5 - allows for elimination of sanctions with ‘no fault or negligence’
10.6 - reduces sanctions if ‘no significant fault or negligence’ is proven especially for specified substances
Name three strict liability case examples
Sharapova - meldonium use after it was newly banned
Errani - Letrozole ingested due to Mothers medicine in family meal
Guerrero - Coca tea
What are the ethical criticisms of strict liability?
Disproportionate burden on athletes, especially without legal/medical support
Lack of intent not adequately mitigated
Can erode trust if seen as punishing innocent mistakes
Lower resourced athletes often suffer more due to inability to prove diligence
What are the reform suggestions for strict liability?
Clarify ‘utmost caution’ with objective benchmarks
Improve access to independent legal/medical support
Consider graduated responsibility based on context
Use more education and risk management tools to prevent inadvertent doping
What is the definition and purpose of therapeutic use exemptions (TUEs)?
TUEs allow athlete’s with medical conditions to use otherwise prohibited substances. TUEs are regulated by WADAs international standard
What is the criteria for a TUE?
1- Significant impairment to health without substance
2- No performance enhancement beyond returning to normal health
3- No reasonable permitted alternative
4- Not due to prior use without exemption
What are the ethical foundations for TUEs?
Autonomy - Athletes have a right to medical treatment
Justice - Ensures equitable access to competition
Beneficence - Supports athlete well-being
Spirit of sport - Prevents covert doping under medical disguise
Give examples of controversial TUE cases
Chris Froome - Corticosteroids during Tour de Romandie
Bradley Wiggins - Accused of exploiting TUEs for performance gain
Samir Nasri - Use of IV drip in violation of administration rules
What are the ethical dilemmas with TUEs?
Abuse potential - Easy to exploit under vague symptoms
Transparency vs privacy - should TUEs be publicly disclosed?
Equity - Do athletes have better access to TUEs due to resources and connections
What are the reform proposals for TUEs?
Independent multi-national TUE committees
Public registry of approved TUEs with anonymised details
Mandatory review of long term TUEs
Education for team doctors to reduce questionable applications
What is the definition of criminalisation in doping?
Criminalisation refers to the application of criminal law to doping offences - punishable by state imposed penalties such as fines or imprisonment
What countries have criminal laws with doping?
France, Italy, Germany, Austria - Doping is a criminal offence
UK - trafficking or supplying of PED’s is a criminal offence
What are the arguments for criminalisation?
Stronger deterrent effect than sports bans
Aligns with public health and safety principles
Enables law enforcement to tackle doping supply chains
Public supports harsh consequences for cheating
What are the arguments against criminalisation?
Overreach of state power into sport regulation
Risks double punishment
May deter whistleblowing of medical disclosure
Could criminalise unintentional users
What are the ethical considerations with criminalisation?
Justice - are criminal penalties proportionate to the harm?
Autonomy - should the state control bodily autonomy in elite sport?
Equality - wealthier athletes may avoid prosecution with legal aid
Due process - burden of proof and legal prosecution differ from sports tribunals
What are some real world cases of criminalisation in doping?
Italy’s anti-doping prosecutors coordinate with police raids at training camps
In Austria, criminal networks suppling PEDs were uncovered
What is the definition and overview of WADAs whereabouts policy?
WADA’s whereabouts policy requires elite athletes to submit detailed location info (one hour window daily, 3 months in advance) via ADAMS. Enables random, out-of-competition testing
What triggers a whereabouts violation?
Article 5.5 WADA code - 3 missed tests or filing failures in 12 months
What is the purpose and rationale of the whereabouts policy?
Facilitates surprise testing to deter doping
Protects clean athletes and sport integrity
Enables fairness in enforcement
What are the criticisms of the whereabouts policy?
Mental strain, anxiety, lifestyle burden
Lower resourced athletes more likely to face violations due to lack of admin help
Harsh sanctions even for admin errors
Give two high-profile whereabouts cases
Christian Coleman - banned for 3 whereabout failures
Christine Ohuruogu - missed tests resulted in ban despite clean record
