Is the professional athlete's right to privacy being tacitly ignored?

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Author: Janwillem Soek
Date: January-April 2008
Publisher: ASSER International Sports Law Centre
Document Type: Article
Length: 842 words
Lexile Measure: 1420L

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Should a professional athlete put up with out-of-competition doping controls? One may question whether exceptions are permissible for professional athletes with regard to the right to privacy that is guaranteed in human rights treaties.

What is the legal basis for out-of-competition doping controls?

In February 1999, at the end of the first World Conference on Doping in Sport attended by representatives from the sports organisations and governments from many countries, a motion to set up the World Anti-Doping Agency (WADA) was adopted. This organisation subsequently drew up the World Anti-Doping Code (WADC), which now forms the basis of the doping regulations of almost all sports organisations. As governments cannot be legally bound by a non-governmental document like the WADC, it was agreed that a convention would be drawn up under the auspices of UNESCO in order to allow the governments to formally ratify the WADA and the WADC. On 19 October 2005, during a General Conference of UNESCO, the International Convention against Doping in Sport was adopted. The WADC is incorporated in that convention. On 1 February 2007, the convention came into effect in 30 countries--including the Netherlands. Pursuant to Article 15.2 of the Code, the WADA, the IOC, the national sports federation of the athlete and the doping organisation...

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Gale Document Number: GALE|A212546191