The legal elements of doping control tests and the applicable sanctions thereof

Abstract

This dissertation delves into the entire procedure of the Doping Control Test. Any athlete in the world is knowledgeable of the Doping Control Test however, the legality and jurisprudence that goes along with it is quite oblivious to the majority of the population including those involved in the sports industry. Therefore, this thesis analyses each legal element of the Doping Control Test thus illustrating the extent of protection these elements provide for athletes throughout the entire procedure. An athlete may file an appeal where they consider the sanctions imposed due to their Adverse Analytical Finding (a positive test) by the Disciplinary Panel were unjust. In this case they may bring their case before the Appeals Panel of their respective National Anti-Doping Organisation and if there is no modification then the final possibility would be the Court of Arbitration of Sport. This study focusses on a number of high profile judgments where athletes felt discriminated by the treatment and sanctions due to their positive Doping Control Test. Moreover, the findings of this thesis are intentioned to raise awareness on such instances of discrimination at a professional level in order to avoid unfair treatment due to race, age, gender or the difference in sex development. The author draws the conclusion that along with the fairness preserved by enforcing Anti-Doping legislation, the Doping Control Test and the applicable sanctions should strengthen the level playing field each athlete expects when competing.