The Infringement of Liberty Interests by Anti-Doping Provisions
MPI for Private Law, Forum on International Sports Law, 12.12.2011, 17:00
The Forum on International Sports Law of the Hamburg Max Planck Institute for Comparative and International Private Law and the Max Planck Institute for Foreign and International Social Law invites you to attend the Symposium „Dopingkontrollsystem und Freiheitsrechte der Sportler (Doping Controls and the Individual Liberties of Athletes)“ on 12 December 2011 in Hamburg at the Max Planck Institute for Comparative and International Private Law.The last two years have witnessed athletes in Germany as well as other nations stage notable protests against the reporting requirements imposed on athletes in the fight againt doping in professional sports. These requirements are based on revisions to the 2009 Code of the World Anti-Doping Agency (WADA). According to the regulations of the Code, athletes in various sporting fields are required to give advance notice of their place of residence over the course of a three-month period and designate a 60-minute daily window during which a drug test can be performed. These regulations assumed binding effect in effect in Germany via the implementation of the WADA-Code in the regulations of the National Anti-Doping Agency (NADA).
Affected athletes perceive in the reporting duties an infringement of their individual rights. Also many football associations, including the World Football Association (FIFA) and the German Football Association (DFB), have taken a critical view of the regulations. Where the exercise of power by controlling sporting agencies leads to a restriction of the fundamental rights of athletes - rights having an indirect application as between private parties - a justification is required. A starting point for such a justification could perhaps be established in the compelling need to maintain the function and integrity of sporting activities. Yet while this may represent a legitimate goal, there exists considerable doubt as to the need and suitability of the provisions in question. Additionally, the reporting duties present a number of problems in regards to information protection regulations.
The main address at the symposium will outline the legal landscape framing the relevant issues. Short statements will then be offered by representatives speaking on behalf of affected clubs, associations and professional athletes. A roundtable discussion and an opportunity for questions will conclude the evening symposium.
Advance registration by E-Mail is requested (veranstaltungen@mpipriv.de).
Updates to the conference program may be found at the homepage of the Forum on International Sports Law.
Date of publication: 01.11.2011
Language
German
Programme (178.0 KB)