Anti-Doping Law in Sport : The Hybrid Character of WADA and the Human Rights of Athletes in Doping Cases (Proportionality Principle) / Robert C.R. Siekmann. – (International Sports Law Journal (2011) 1-2 : p. 89-96)
Content:
1.) Introduction
2.) WADA: a public-private body
3.) The Dutch billiard social drugs case and the principle of proportionality
3.1.) First instance: Instituut Sportrechtspraak: Royal Dutch Billiards Federation (KNBB) (complainant) v N. Zuijkerbuijk (defendant)
3.1.1.) Comment
3.2.) Appeal: Court of Arbitration for Sport (CAS)
3.2.1.) Comment
4.) Summary and conclusion
Content:
The special characteristic of “anti-doping law” from an institutional, organizational perspective is the fact that national governments and intergovernmental organisations (IGOs) directly participate in WADA and the close linkage between the UNESCO Convention and the WADA Code. This issue will be discussed in detail in the first part of this article. The hot issue of the legal aspects of the fight against doping in sport is the relationship between “anti-doping law” and the human rights of athletes in doping cases, that is the applicability of general public human rights law to doping in sport. In the second part of the article a case of this type in which in 2009 this author was personally involved as a member of the appeals committee of the Instituut Sportrechtspraak [Netherlands Institute for Sport Adjudication] will be presented. The Appeals Board’s decision was finally submitted to the CAS which was and still is the first time in history with regard to a Dutch case.
