Het principe van strict liability in de strijd tegen doping
Een moeilijke balans tussen de rechten van de sporter en een
antidopingbeleid / Matthias De Kimpe and An Vermeersch [promoter]. - Law faculty Ghent
Thesis for requiring a master degree in criminal law.
Study towards the principle of strict liabilitly in doping cases. The principle of strict liability is part of the ruling for doping violations based on the code established by the World Anti-Doping Agency (WADA) which holds an athlete responsible for a doping violation only for the fact that a prohibited substance was detected, without regarding if the prohibited substance would enhance the athlete's performance. While reviewing cases which dealt with this principle the author concludes that this principle has a great disadvantage for the athlete. The ruling is not in accordance with human rights (EVRM) and the principle of nulla poena sine culpa is not respected. The burden of proof weighs heavy on the athlete. The author recommends a central worldwide doping court in order to deal with doping cases more rapidly.
