THE STRICT LIABILITY PRINCIPLE AND THE HUMAN RIGHTS OF ...

6. THE USE OF DOPING IS CONTRARY TO THE RULES OF SPORT
Some international federations included the argument that doping goes against the rules of
sport in their anti-doping regulations, for example, the ICF and the FIS. Doping is Ain
contradiction to the rules and regulations in sports@, according to Rule 1, subsection 1(3) of
the ICF Doping Rules and Rule 1 of the FIS Doping Rules. Other federations claimed that
doping undermines the values of sport. AThe use of banned substances and other doping
methods to artificially enhance performance [...] undermines the values of sport@, stated 1.1
of the IWF Anti-doping Policy. Likewise: 1 of Appendix 4 - Doping Control Procedures of
the FITA: ADoping is contrary to the values [of sport]@. Finally, the federations governing
tennis argued that doping impairs the integrity of the sport. AThe purpose of the Tennis
Anti-Doping Programme [...] is to maintain the integrity of tennis [...]@, according to the
Tennis Anti-Doping Programme of the ITF sub (A) and the Official Rulebook of both the
ATP and the WTA sub A.1. In all these examples sport is regarded as coming under fire,
whether by infringement of the rules of sport, the values of sport or the integrity of sport.
However, it must still be pointed out that the federations using these phrases as a basis for
their anti-doping efforts failed to indicate what they intended to cover. It has been
contended in the literature that an athlete using doping is not so much cheating on his
colleagues but on sport itself. As Gardner puts it Awould allowing unrestricted use of
steroids in the 100 metres be somewhat like providing the participants with motorcycles?@ 28
7. THE RATIONALE OF THE WADC
The reasons for combating doping use in sport which have been enumerated above also
underpin the WADC, although here they are expressed more indirectly. One of the Code's
objectives is to protect the fundamental right of athletes to participate in doping-free sport
A[...] and thus promote health, fairness and equality for athletes worldwide@. Further on in
the introduction it is explained that the anti-doping programmes were created to maintain
the intrinsic value of sport. AThis intrinsic value is often referred to as Athe spirit of sport@;
it is the essence of Olympism; it is how we play true.@ This article of faith is followed by
one of almost Olympic beauty: AThe spirit of sport is the celebration of the human spirit,
body and mind.@ The essence of the WADC is that Adoping is fundamentally contrary to
the spirit of sport@. The entire structure of the WADC is actually based on an ideological
concept whose content may be determined differently throughout time, namely that of Athe
spirit of sport@. 29
28 Idem, p. 168.
29 According to the WADC the spirit of sport can be characterized by the following values: AEthics, fair play and
honesty; health; excellence in performance; character and education; fun and joy; teamwork; dedication and
commitment; respect for rules and laws; respect for self and other participants; courage; and community and
solidarity.@
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