The analysis of the recent CAS Arbitral award highlights some critical legal issues concerning the sports discipline of doping case, previously outlined. This is a discipline that is justified by the inherent ethical feature of sports legal system. An intrinsically ethical nature for which individual rights recede in front of the pursuit of the good, considered as fundamental, consisting in the fairness of sports competition. A discipline that in its application uses the criterion of strict liability with alarming frequency, giving rise to several injustices, often involving people whose guilt is not proven. I wonder if this may be the right way to pursue the goal of a clean sport, or this doesn’t induce towards a search of ever more sophisticated doping practices, able to overcome the anti-doping controls.
The Russian Paralympic Athletes’ Ban: Legal Issues
DI GIANDOMENICO, Anna
2017-01-01
Abstract
The analysis of the recent CAS Arbitral award highlights some critical legal issues concerning the sports discipline of doping case, previously outlined. This is a discipline that is justified by the inherent ethical feature of sports legal system. An intrinsically ethical nature for which individual rights recede in front of the pursuit of the good, considered as fundamental, consisting in the fairness of sports competition. A discipline that in its application uses the criterion of strict liability with alarming frequency, giving rise to several injustices, often involving people whose guilt is not proven. I wonder if this may be the right way to pursue the goal of a clean sport, or this doesn’t induce towards a search of ever more sophisticated doping practices, able to overcome the anti-doping controls.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
