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

Only a limited number of national federations and central doping committees proceeded to
include a definition of doping in their doping regulations which established strict liability
upon testing positive.
In Denmark there was strict liability for all athletes, whichever Danish federation they
belonged to, as the Danmarks Idræts-Forbund (National Olympic Committee and Sports
Confederation of Denmark) 109 determined:
AVed doping forstås tilstedeværelse i den menneskelige organisme af stoffer, der er forbudt i henhold til
den Internationale Olympiske Komites og/eller den pågældende medlemsorganisations internationale
liste over forbudte stoffer.@
From the doping regulations of the federations competent to regulate for the entire
territory of Great Britain it appeared that strict liability was prevalent there. The doping
definition of UK Athletics stated that: 110
AThe offence of doping takes place when: a prohibited substance is found to be present within an
athlete's body tissue or fluids [...]@
This provision was subsequently taken over by a large number of British federations. This
definition also resounded with the federations exercising jurisdiction over parts of Great
Britain only, such as the Badminton Association of England 111 and the Football
Association. 112 The English Table Tennis Association 113 opted to rephrase the definition so
as to read that:
A32.14.1. A Member must not use any of the substances specified in the List of Banned Substances
contained in Appendix 'P' to these Rules (such use being the offence of Doping).
[...]
32.14.3. For the purposes of Rule 32.14.1 use shall be conclusively established by -
32.14.3.1. in the case of an endogenous banned substance the presence in a body fluid, established
by quantitative analysis, of more than the amount specified by the International Olympic
Committee's Medical Commission as the amount the presence of which is the minimum
necessary to show that the quantity present could not have occurred naturally
32.14.3.2. in the case of any other banned substance the identification in a body fluid of it and/or
one of its metabolites.@
The doping regulations of six Irish federations contained a strict liability definition of
doping identical to that of UK Athletics. 114
109 Dopingkontrolregulativ, ' 1, Stk. 1. ADoping is defined as the presence in the human body of substances which
are prohibited according to the lists published by the International Olympic Committee and/or the international
organization of the member organization concerned.@
110 UK Current Doping Rules and Procedures, Rule 24 Doping, sub (5). Idem British Cycling Federation: Anti
Doping Regulations, Principles, sub 1a); British Judo Association: Bye Laws relating to Drug Abuse, Anti-Doping
Control Regulations of the British Judo Association, A.2.; British Bobsleigh Association: Rules for Doping
Control, 2. Doping Offences, 2.2; The Lawn Tennis Association, LTA Rules, Appendix 4 - Tennis Anti-Doping
Programme, A. General Statement of Policy, 2; Amateur Swimming Federation of Great Britain: ASFGB Doping
Control Rules and Protocols, 3. Doping Offences, 3.1.1.
111 Doping Control Rules for the Badminton Association of England, Appendix A - Doping Offences, 2.
112 Drug Testing Programme, Memorandum and Procedural Guidelines for the Conduct of Drug Testing, Season
2000/2001, Memorandum, Drug Testing, 1.
113 Rules, 32.14 Doping, sub 32.14.3.2.
114 Irish Canoe Union: Irish Canoe Union Doping Control Regulations, 6.00 Offences, 6.01, sub (a); Equestrian
Federation of Ireland: Model Doping Control Policy for National Governing Bodies, 2. Doping Control Policy,
2.2 What is a Doping Offence?, sub 2.2.2. (a); Tennis Ireland: Doping Control Policy, 2. Doping Offences, sub
2.2. (a); Irish Triathlon Association: Doping Control Policy, 2.2 What is a Doping Offence?, sub 2.2.2 (a);
42