The ‘doping problem’ seems to be bursting at the seams lately. This is mainly due to the revelation of organized doping practices in Russia. However, the phenomenon has dominated the sports world for quite some time. Although the use of plants and medicines was not prohibited in ancient times, the Greeks are said to have used plants and mushrooms to improve their performance during the Ancient Games. It was during one of the first Modern Games, more precisely in 1904 in St. Louis, that doping use was recorded for the first time. A combination of strychnine with cognac was used.
The WADA Code, the first version of which came into force on January 1, 2004, is considered the most important weapon in the fight against these doping practices. The WADA Code was developed and is monitored by the World Anti-Doping Agency (“WADA”). WADA, which was established through the ‘Lausanne Declaration’, seeks to organize global cooperation between the various international sports federations, the IOC and public authorities in the fight against doping.
By concluding the “International Convention against Doping in Sport” within the framework of UNESCO, WADA succeeded in making the WADA Code – as a form of soft international law – enforceable across all member countries
In view of the rapid developments within the doping landscape and the associated need for intensified cooperation, the third and most recent WADA Code was approved in Johannesburg on November 15, 2013. The new Code came into effect on January 1, 2015 and decisions based on this new Code have been regularly taken for a number of months.
WADA has grouped the changes in the new 2015 Code into seven themes, namely (1) longer periods of exclusion, but with more flexibility; (2) greater respect for human rights and the principle of proportionality; (3) greater focus on research and intelligence gathering; (4) an increased focus on the athlete’s support team; (5) strengthening drug testing and analysis processes; (6) a clearer balance and more cooperation between sports federations and anti-doping organizations and a (7) clearer and shorter Code.
According to Minister of Sport Muyters, the WADA code would be “stricter, smarter and more customer-friendly” should be. However, practice shows that this needs to be somewhat nuanced.
A subsequent blog post will discuss some of the most striking changes and their effects on the judiciary in more detail.