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FairPlay, Revista de Filosofia, Ética y Derecho del Deporte    Follow    
  This is an Open Access Journal Open Access journal
     ISSN (Print) 2014-9255 - ISSN (Online) 2014-9255
     Published by Universitat Pompeu Fabra Homepage  [1 journal]
  • Anti-doping, purported rights to privacy and WADA’s whereabouts
           requirements: A legal analysis
    • Authors: Oskar MacGregor, Richard Griffith, Daniele Ruggiu, Mike McNamee
      Abstract: Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate.
      Issue No: Vol. 1
       
  • Achievements, Success and Goodness in Sports
    • Authors: Arvi Pakaslahti
      Abstract: In this article I provide some theoretical basis for evaluating the successfulness of an athlete, the goodness of an athlete and the magnitude of an athlete’s achievements as well as for understanding their interrelationships. Related to this, an important aim of this article is to show that there are many philosophically interesting and complex questions related to achievements, success and goodness in sports and that consequently various votings and polls about athletes that are connected to achievements, success and goodness are philosophically far from uninteresting.
      Issue No: Vol. 1
       
  • N. Watson- A. Parker (eds). Sports and Christianity.Historical and
           Contemporary Perspectives.
    • Authors: Víctor Páramo, Raúl F. Sebastián Solanes
      Abstract: El estudio de la relación entre el deporte y las religiones en general ha proliferado en los últimos años, como evidencia la ingente cantidad de investigaciones llevadas a cabo y que los editores de la obra, Nick J. Watson y Andrew Parker, detallan al término de la Introducción.

      Issue No: Vol. 1
       
  • WADA’s anti-doping policy and athletes’ right to privacy
    • Authors: Claudio Tamburrini
      Abstract: In accordance with the World Anti-Doping Agency’s (Wada) Anti-doping Code, athletes are regularly tested for forbidden doping substances in connection with sport competitions. Their samples are stored for long time, in case new doping detection techniques are developed in the future that might allow finding forbidden substances not detectable at present. As Wada’s ambition is not only to have clean competitions, but also clean athletes, different measures need to be implemented to facilitate testing in-between competitions as well. One of them is making sportspersons fill a form to inform doping controllers about their whereabouts, so that they can reach the athletes and make them undergo unannounced tests. Wada’s anti-doping policy has been widely criticized for violating athletes’ right to privacy. However, this debate is often carried out as if it was crystal clear what kind of right this supposed athletes’ right to privacy is. In this article, the notion of privacy is characterized as a previous step to asking in which regards Wada’s anti-doping policy might turn out to be problematic from the point of view of privacy protection. A preliminary conclusion reached is that the right of privacy is not a single right, but rather a cluster of rights, each one designed to protect different areas of our lives, and each one derived in its turn from other, more fundamental rights. A further conclusion to be advanced in this article is that Wada’s whereabouts policy cannot be condoned by any of the moral philosophical approaches traditionally discussed in connection with privacy.
      Issue No: Vol. 1
       
  • You can’t buy something you aren’t. 
On fixing results
           in cycling
    • Authors: Ask Vest Christiansen, Martin Wang Hjørngard
      Abstract: Wind resistance is the primary external factor teams organise themselves around in cycling. In order to share this burden, members of opposing teams often cooperate, e.g. to secure the existence of a breakaway. To avoid free-riders the riders in question form a tacit social contract on sharing the work-load. Taking its point of departure in qualitative interviews with Danish elite cyclists, this study demonstrates how the social contract sometimes becomes explicit, and riders form an agreement of the podium placing in the final breakaway before they arrive at the finish line. This study examines riders' explanations of and attitudes to such agreements and discusses to what extent they should be regarded as match-fixing. While the available evidence suggests that the agreements are best understood as an integrated element of cycling culture with a purpose of upholding a certain social order, this study also demonstrates how the social contract and the accompanying agreements imply corruption in the sport of cycling, if only in germ form. On this basis, the study concludes that it is only the sport's culture and individual riders' self-discipline that can protect cycling from real corruption.
      Issue No: Vol. 1
       
  • Exploring New Avenues to the Doping Debate in Sports: A Test-Relevant
           Approach
    • Authors: John Gleaves
      Abstract: This author examines the doping debate’s fundamental question: is sport justified to prohibit certain performance-enhancing substances? Although a well-trod question, this article argues that historical justification for banning doping does not provide sufficient reason to continue banning substances today. At the same time, current approaches that rely heavily on bioethical arguments only address a small portion of the doping debate. This paper will argue that the bioethical issues do not apply since sport, as a subspecies of games, ask that game players follow specific rules when participating in the game. Thus this paper develops arguments about doping related to the game test and separate from past bioethical debates over doping. These arguments use a test-relevant approach where sporting communities democratically evaluate the effects of individual substances on their specific sport. The result of a test-relevant approach is that sporting communities choose specific substances to permit or ban rather than having a universal agreed upon list of banned substances. This paper concludes with a brief discussion of the practical benefits including more meaningful prohibitions, more specific testing, and, potentially, sports that permit certain performance-enhancing substances currently prohibited by the World Anti-Doping Agency.
      Issue No: Vol. 1
       
 
 
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