Research Journal Entry #2

Research Journal Entry #2

Citation

Charlish, P. (2012). Drugs in Sport. Legal Information Management, 12(2), 109-120.

doi:10.1017/S1472669612000321.

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Main Claim

1. An athlete’s relationship with their governing body is a contractual one. This has very clear implications for the provision of regulations, the sanctioning, and any remedies that an athlete may either be subject to, or have the opportunity to pursue.
2. The anti doping machinery might have grown to such an extent that it violates the athletes basic human rights. Also, the sanctions for the charged athletes might be inappropriately high considering the threat that comes from doping and looking at the effect on the future well being of athletes.

Summary of Source

Peter Charlish’s article provides the reader with valuable historic information about the beginnings of doping and performance-enhancing substances. He talks about how the Ancient Greeks already used doping-alike drugs and that the first reported case of doping occurred as early as 1904. These facts are being followed by occurrences such as the death of a cyclist in the 1960 Olympic Games, whose autopsy revealed traces of amphetamines in his system.

Because of continuously occurring similar cases, such as another death of a cyclist in the 1967 Tour de France or the East German national conspiracy involving doping in the Olympic Games lead to the establishment of the First World Conference of Doping in 1999. Following this conference, the World Anti-Doping Agency (WADA) was founded. Through this Agency, international standards were starting to be put into effect. Quickly, athletes and human right advocates, realized that the fight against doping might evolve into an unlawful and unfair machinery that put athletes human rights and privacy at risk. It became almost impossible for charged athletes to prove their innocence and this resulted in grave effects on the future well being of athletes. Based on specific court cases, the author provides an insight into the legal world of the anti-doping machinery. These cases showed that anti-doping violations moved further away from a purely sporting endeavour towards a criminal investigation and prosecution process. This started to raise questions of whether or not the threat perceived by doping is being treated appropriately and in a lawful manner, especially considering the athlete’s human rights.

Important Quotations (and Screen Captures)

“The Olympic Games in London in 2012 will be the 30th of the modern era. One of the major and on-going news stories surrounding the Games will undoubtedly be that of the use of performance enhancing drugs” (Charlish, 2012, p. 109).

“Evidence suggests that the Ancient Greeks used crude combinations of different potions in an attempt to fortify themselves” (Charlish, 2012, p. 109).

“A wake up call occurred at the 1960 Olympic Games in Rome, when Danish cyclist Knud Jensen crashed and died. A subsequent autopsy revealed traces of amphetamines in his system” (Charlish, 2012, p. 109).

“The death of former world champion cyclist, Tommy Simpson, near the summit of Mount Ventoux in the 1967 Tour de France provided impetus for further developments” (Charlish, 2012, p. 110).