Legal Opinion on the Conformity of Certain Provisions of the Draft World Anti-Doping Code with Commonly Accepted Principles of International Law / Gabrielle Kaufmann-Hohler, Antonio Rigozzi, Giorgio Malinverni. - World Anti-Doping Agency (WADA), 2003
Contents:
I. PRELIMINARY COMMENTS
1. Professional Qualifications of the Authors of this Opinion
2. The Questions Addressed in this Opinion and Documents Reviewed
3. Human Rights: Concept and Sources
II. THE POLICY AND IMPLEMENTATION OF ANTI-DOPING REGULATION
1. The Policy Rationale for Anti-Doping Regulation
2. The Implementation of Anti-Doping Regulation
Ill. THE ROLE OF HUMAN RIGHTS AND GENERAL PRINCIPLES OF LAW IN DOPING DISPUTES
1. The Human Rights and General Principles of Law at Issue in Doping Disputes
2. Applicability of Human Rights and General Principles of Law in Doping Disputes
3. Admissibility of human rights restrictions
4. Conclusion: the paramount role of proportionality
IV. ARTICLE 2.1: CONFORMITY OF STRICT LIABILITY DOPING OFFENCES WITH HUMAN RIGHTS AND GENERAL LEGAL PRINCIPLES
1. Nullum crinem sine lege certa: The Need for Certainty
2. The Presumption of Innocence
3. Conclusion
V. ARTICLES 9 AND 10.1: CONFORMITY OF DISQUALIFICATION WITH HUMAN RIGHTS AND GENERAL LEGAL PRINCIPLES
1. The Expression of a General Consensus
2. Some Issues of Concern
3. Disqualification of All Results obtained during a Multi-Competition Event
VI. ARTICLE 10.2: CONFORMITY OF DOPING SUSPENSIONS WITH HUMAN RIGHTS AND GENERAL LEGAL PRINCIPLES
1. The Principle of nu/la poena sine culpa
a. The applicability of the principle of nulla poena sine culpa to doping disputes
b. Does the Code comply with the principle nu Ila poena sine culpa?
2. Presumption of Fault versus Presumption of Innocence
3. Compatibility of the Length of the Suspension with Athletes' Fundamental Rights
4. Compatibility of Fixed Mandatory Sanctions with Athletes' Fundamental Rights
5. Conclusion
VII. OTHER PROVISIONS
1. Article 8: The Right to an Interpreter
2. Athlete's Consent to Binding Effect
