Doping And Sports: Legal Aspects

Doping and Sports: Legal aspects

Drugs and sport are an undeniably controversial issue that occupies the center of attention during large international events or competitions. However, use certain compounds to enhance sports performance are far from being a novelty, already being found in the Greece Games.

Next, we will talk a little more about the legal aspects of drug use in sport. In addition to addressing the possible sanctions to athletes, we will also explain why doping combat in international sport has been reinforced.

Drugs and sport: What is doping and why it fights?

Originally, doping or doping is considered as the use of chemical methods prohibited in sport. Probably, the term derives from the verb ‘to dope’ in the English language, which can be translated as ‘drugs’. However, after the publication of the world code anti doping carried out by the world anti doping agency (Wada -ama), the concept is broad and goes on to incorporate all the acts that violate the anti doping rules or rules in sports.

According to this regulation, the following behaviors could be sanctioned as violations of anti doping standards:

• Presence of prohibited substances, their metabolisms or markers, in the bloodstream, urine or other body fluids of the athlete.
• Use prohibited methods or substances or try to do it during sports competitions.
• Excuse yourself so as not to provide samples or evade clinical/medical studies without justified causes.

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• Do not present to perform the tests out of competition or not present the corresponding documentation (three times, over 18 months).
• Try or do any type of trap during controls and studies, as well as with their results.
• Possess, buy or sell prohibited substances or methods (or try to do it).
• Apply, administer or facilitate prohibited chemicals to athletes, as well as stimulate or encourage them to consume, buy, sell them or facilitate them to other athletes.
• Complicity: Be an accomplice of the use, sale or facilitation of prohibited substances and methods, not reporting these facts to the competent authorities.

What substances are prohibited in sport?

The aforementioned Wada-Ama code details what substances are prohibited before, during and after sporting events;and which ones only cannot be used during the development of a competition. Substances not approved (all those that do not appear in the list of drugs allowed in the Wada -ama code or that do not have the current approval of any governmental regulatory government authority for therapeutic use in humans):

• Anabolizing agents.
• Peptide hormones, growth factors, related and mimetic substances.
• Beta-2 agonists.
• Hormonal and metabolic modulators.
• Diuretics and masking agents.
• Prohibited substances and methods during competition
• Stimulants
• Narcotics
• Cannabinoids
• Glucocorticoids

The specific case of the beta blockers

Beta blockers consists of a group of drugs prohibited only in some sports and substances allowed in others. Logically, in which it is understood that its use would represent a ‘trap’, putting certain athletes in an unfair disadvantage over others, or a moral risk for its development within the current rules of the game. At present, beta blocker drugs are prohibited in competition in the following sports:

• Motoring
• Billiards
• Golf
• Darts
• Ski / snowboard: in leaps, acrobatics and hackpipe ski -free style, and Halfipe and Big Air from snowboard
• Submarine sports: Free immersion apnea, underwater fishing and white shooting, constant weight apnea with or without fins, dynamic apnea with or without fins, static apnea, variable weight apnea and apnea jump.
• Shot and archery: In these sports, beta blockers are also prohibited out of competition.

What sanctions are applicable for doping cases in sport?

In Spain, Royal Decree 255/1996 expresses the regime of infractions and sanctions for the repression of doping.  In its second article, economic and sports sanctions applicable to athletes are clarified, considering the concurrent circumstances and statutory forecasts of the different federations.

These sanctions can even lead to the deprivation or suspension of their federative license of three months to four years;Depending on the infraction committed and case it is a recidivism. The third article details the sanctions applicable to clubs in doping cases;These sanctions may include fines, loss of points or positions in the classification, as well as the descent of category or division. In addition, judges, referees and members of the coaching staff can also be sanctioned, as in cases of complicity, for example.