Drugs, Sport and Doping Control - Essay Example

Doping Introduction In the modern international sports situations, one of the often debated issues is one that is concerning the use of performance enhancing drugs that are related with serious medical problems and their use is illegal. It is a practice against the international standards of the sports activities and is very much considered as the evil affecting the sports and games in the current sports culture. "Performance-enhancing drugs pose a significant risk to the health of athletes, especially young athletes. Furthermore, the use of performance-enhancing drugs is detrimental to the reputation of sports" (Doping. 2005). Winning medals at the cost of any social conduct or the social order is the fashion of the day. It is notable that in the modern world of sports, many a young athlete, discarding the risks involved in the use of these drugs go on using them and the practice of doping among the youth, internationally, is at an alarming rate today. Thus, there arises the great role of doping control which has a set of well articulated objectives and designs. However in the act of doping control, there are many things to be considered. There are various emotive issues raised by the doping control activities upon which there are predictably different views. Any set of doping control rules needs to be built on sound base. Specifically, the rules must make sure the principles of natural justice and the procedures must be such as to produce fair and consistent outcomes. (O'Leary 2001, p. 11). It is remarkable to note that "throughout history, there are examples that athletes have sought a magic potion to give them that extra edge, to help them take a short cut to achieving a good performance or to enable them to compete under circumstances when otherwise it might not have been possible, such as injury or illness. Today's athletes may simply be following previous traditions." (Mottram 2003, p. 29). This extensive use of drugs and other performance-enhancing substances have been one of the chief issues with the international sports today. In the UK, as in other nations, the controlling of their use has been given primary attention in the legal system related to sports. In the modern scenario, the drug control in sports has been considered one of the primary concerns of the legal system. The international sports law is primarily concerned with the control of drugs and doping in sports. There are many international organisations working in this field, most important among them being the Olympic Movement. "The governing network or structure of international sports law extends beyond the Olympic Movement. Intergovernmental organizations also formulate and enforce international sports law. Such organizations include Unesco, the Commonwealth Federation, bilateral arrangements, and regional organizations such as the European Communities and the Supreme Council for Sports in Africa. Typically, they recognize the authority of the Olympic Movement but expand its rules and develop new institutions." (International Sports Law: a Replay of Characteristics and Trends. James A. R. Nafziger - author. Journal Title: American Journal of International Law. Volume: 86. Issue: 3. Publication Year: 1992. Page Number: 493.) Apart from these, the involvement of various nations in the activity of doping control is also remarkable. There are international agencies for their support. The International Convention against Doping in Sport signals governmental support for the World Anti-Doping Code which has various sporting organisations as its signatories. (International Convention against Doping in Sport. 2005). All the international sports nations give utmost priority to these and there have been many organisations all through the sports activity which confirms that the sports arena is without the evils of such practices. The system in the UK to control the doping has been particularly acclaimed. In Britain, all the registered competitors need to be tested for drug abuse. (Drugs, Sport and Doping Control. P. 1). The significance of the doping control throughout the world has been that it has definite, well articulated objectives those establish the character of the system. These are in the form of laws and other regulations made particularly important to the field of sports. It may remarked that the case of the regulations in the UK which aim at providing definite system of controlling the sports activity in order to protect it from the evils of doping will illustrate the objectives and characteristics of the doping control measures. Doping control has been a major concern of the nations in the modern context. This, in its complete sense, "means the process including test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals." (International Convention against Doping In Sport. 2005, p. 3). In the efforts to control the doping the cooperation among various nations is the need of the day. As the 'International Convention against Doping in Sport' would suggest "States Parties shall encourage cooperation between anti-doping organizations, public authorities and sports organizations within their jurisdiction and those within the jurisdiction of other States Parties in order to achieve, at the international level, the purpose of this Convention." (International Cooperation, International Convention Against Doping In Sport, p 7) Here, the role of UK legal system and the efforts it has made in the control of doping find great significance. In this paper, let us discuss how the broad character of a system of regulation in the effort to control the use of drugs and doping in sports is justified by the definite and well articulated objectives of the cases of control of doping in the context of the English legal system. Sports and Doping It is a generally accepted fact that there exists in the general category of sports, many types of drugs which are used to enhance the performance in the events. "Due to rising financial stakes and the toughening of the competition for recognition and fame, athletes and their entourage tend to search for additional ways of improving performances, even if it means disobeying the rules established by the sports federations. Today, science has developed very effective drugs to enhance performance and hasten the recovery of athletes facing increasing constraints (schedule, competitions, events, etc.). Many athletes use drugs." (Numerous determining factors. 1999). Many of them are not aware of the effects of using these drugs whereas some others disregarding the effects go on using them for the sake of achieving their personal gains. There are many major issues related with the use of drugs in sports that are often neglected. "The issues around drug use in sport are varied, complex and often interlinked. When people talk about drug use in sport they tend to be referring to elite athletes who use various drugs to improve their performance by building muscles and strength. Drugs are also used by the non-elite who want to improve their strength or for bodybuilding. However, the use of drugs by sportsmen and sportswomen can encompass broader issues such as the ethics of drug use in sport and the role of regulatory bodies and nor is it a new phenomena, history shows that taking substances to improve performance has been going on since long before the beginning of the modern Olympics. The choice of drugs and the way in which they are used may affect a sportsman or woman's health for example if they inject steroids considerations around harm reduction maybe important. Other drugs may have unwanted and adverse side effects." (Drugs in Sport. 2005, p.1). It is notable that the use of such performance enhancing drugs is treated with utmost seriousness. "Procedures to detect drug abuse have been in operation for many years and the analytical techniques used currently detect minute traces of drugs, which may have been taken several weeks previously. Punishment for the abuse of drugs may vary widely between a warning letter and a lengthy ban from training and competition. It is important that every competitor in the sport is aware of the problems that they may face and of the procedure for collection of samples for analysis." (Fodden 2000, p. 1). The practice of doping in sport is not anything new. Athletes have taken performance-enhancing agents all through the various centuries. The example may be found in the legendary Arthurian knights who supposedly drank magical potions from the cup of Merlin. (Doping in the twentieth century. 2002). However, in the modern competitive sports scenario, the scope of the use of performance enhancing drugs has increased tremendously. And, this characteristic feature of doping has greater and wider meaning in the modern situations. "In the last three decades a number of names have joined the cheaters' hall of fame including Ben Johnson (stanozolol), Dan Mitchell (testosterone), Lindford Christie (nandrolone), Olga Yegorova (erythropoetin) and Andrea Raducan (pseudoephedrine), to name a few." (Doping in the twentieth century. 2002). When the modern sports context is considered "[i]n almost all countries, sport is now more competitive and more serious than it used to be. A greater stress is laid upon the importance of winning. Sport is played for higher - sometimes much higher - stakes, whether these be economic, political-national, personal or a combination of all three. This is an important part of the context for understanding the increasing use of drugs in sport" (Waddington 2001, p. 15). However, there are also cases where sports persons are made victims of doping without their complete comprehension of the matter. Many are unaware of the prohibited drugs and go on using them which result in their ultimate grief. It is not an excuse for finding guilty of the use of drugs in sports. "Athletes must be aware of the strict liability principle that makes them responsible for everything they eat and drink. Ignorance is not an acceptable excuse for a positive doping result. Check all supplements with a medical officer. If there is any doubt at all, don't take it." (Supplements and doping issues nutrition for athletes. P. 11). The Procedure of Anti-Doping There are various methods of anti-doping in sports. Testing is one of the most relevant ant often practised methods. All the sportsmen are bound to the testing procedures and there are various authorities and organisations concerned with the testing of doping cases. There has been a practice of out-of-competition method which is both useful as well as controversial in certain cases. Any type of doping control which is not In-Competition is called an Out-of-Competition procedure. (The World Anti-Doping Program, Guideline for Out-of-Competition Testing. Version 2. 2004. P 5). In this procedure, no sports person is given any preferences and reservations and any one will be asked for the testing at any corner and nook. There will be no previous notifications in the process. The non-participation of the person in the activity will be reported. There are various other complications in the procedure. (The World Anti-Doping Program, Guideline for Out-of-Competition Testing. Version 2. 2004. P 5-8). Another useful method was the test of blood or urine sample. The test which was authenticated by the International Olympic Committee (IOC) based its process on the blood and urine matrix. As a first step, the blood screening was performed and it was followed by a urine test that confirmed possible use of EPO. (Blood Doping, Q&A: Blood Doping). There are various complications related with this practice as well. As we will find in the case studies, these procedures have many difficulties which result too harsh treatment of the sports persons. However, the validity and necessity of these methods are unquestionable. Strengths and weaknesses of the current anti-doping arrangements It is of pertinent consideration whether the policy of the governments helpful for the achievement of objectives lay down by the doping control policy. There are many nations which consider the doping control measures as one of the major concerns of the sporting activities. Thus, we can clearly understand that the doping control has been the major activity of the sports entities internationally. In this section, we assess the policies developed in the UK to prevent the doping in sports and find whether these are effective enough to develop an international policy. "In Britain, any registered competitor may be tested for drug abuse. Very young competitors tend not to be tested but testing has occurred on several occasions at the National Age Groups." (Fodden 2000, p. 1). Various methods of the anti-doping have been followed in Britain all of which are commonly well accepted. This is of great significance to consider the strengths and weaknesses of the current anti-doping arrangements. Let us right away put the opposing views about the effectiveness of these policies. These are considered "by many as one of world leaders with an excellent reputation internationally," but other "respondents believe that UKS are off the pace internationally and are not informing the world at policy level" (Strategy and Policy. P. 1). It is most often considered that the UK Sport takes all the necessary steps to implement the best available anti-doping measures. "The view was expressed that efforts have been made by UK Sport to meet with all GBs to explain the detail and implications of the WAD code," and according to the same agency, "In terms of developing national anti-doping policy, 63% of respondents to the Governing Body/Sports Organisation questionnaire rated the Directorate as good or very good" (Strategy and Policy. P. 1). However, there have been various weaknesses, in the same report, levelled against the anti-doping policy which included, among many others, "Some criticism concerning perceived "posturing" internationally, deflecting resources from resolving issues in the UK," "at a national level the DFSD have been accused of "self-promotion" at the expense of sport's reputation," "GBs that UKS need to justify their position through high profile positives and provision of statistics," "There is an expressed need to meet with the Directorate more often and GBs should be consulted rather than told of any changes" and "Some sports are not in favour of linking anti-doping compliance directly to public funding." (Strategy and Policy. P. 1). Thus, the anti-doping measures of the UK, as per the current policies include both strengths as well as weaknesses. Doping in Sports: Case Studies We have seen that the importance of doping control is recognised world wide. There have been various case studies which illustrate the significance of doping control. They are found useful in analysing the objectives of doping control. Some of these case study reports are found most relevant in mentioning here. One of the most notable cases of doping and doping control action is the case of young flanker Adam Dean who was tested positive at a squad session for young England players on February 12. He failed the testing as it turned out to be positive for the use of the banned steroid nandrolone, which may have contaminated his dietary supplements. He had to pay heavily for the action as he was suspended from all participation in rugby union until 15 March 2006 by an RFU disciplinary panel. The disciplinary officer Jeff Blackett of RFU was of the opinion that though, at the elite level there have been various medical supervisions against doping of the players, at the junior level they were few and the case of Dean was the result of inadequate supervision in the use of drugs. The review of the case at the request of the Anti-Doping Advisory Committee of the International Rugby Board had an impact so that the ban was extended till 15 March 2007. As no exceptional circumstances were found for the lifting of the ban, it continued to be in effect for the mandatory period of two years. Thus, Dean became the first representative rugby union player to find the disciplinary action violation anti-doping regulations. (Case Study. P. 1). In this case it is clear that the severity of the doping control means is high. The person found guilty of breaking the recommendations against the use of performance enhancing drugs puts the sports personalities nationally and internationally at a high risk. Such cases of serious actions in the case of finding positive for doping would, definitely, help the future sports persons to avoid the use of these drugs. Let us also find other classic cases of anti-doping actions. One of the most remarkable cases of anti-doping policy in effect is that of the American sprinter Kelli White. She was the sprinter to claim100m and 200m double at the 2004 World Championships in Paris. However, her glory came to an end when she was consequently tested positive for the use of the stimulant modafinil. The result of the testing was that she had to face a ban from athletics for two years. She was previously banned for 6 months for the use of a corticoid, an anti-inflammatory for which she should have had a TUE. The titles and honours she achieved since December 2000 were withdrawn and she also lost approximately $0.5million in prize money, endorsements and bonuses, as well as her sponsors, Nike, and many friends. Thus, the effect of the testing was enormous in her case. (UK Sport. P. 1). A similar and popular situation of a ban from sports activity, loss of money and withdrawal of the Olympic medal etc was the case of Ben Johnson, the famous Canadian sprinter when he was found positive in drug detection test. The Seoul Olympics in 1988 is considered to be the proudest moment in Ben Johnson's career when he won Olympic gold by running the 100m in 9.79 seconds. He broke all the records and became the fastest human ever. However, as he had tested positive for a banned steroid, Stanozolol, the sports world came to know, just hours later, that the record would not stand, and that Johnson had forfeited his gold medal. A ban of two years was the result and when he returned to competition in 1993, the athlete for a second time tested positive. This time, the IAAF banned Johnson for life. Though, he admitted earlier steroid use on the recommendation of his coach, Johnson protested his innocence for the second positive test. The life of Johnson from then is considered a hard one for an athlete of great honour at a time. Thus, this case also suggests how hard it can turn up for a sports person when tested positive. (UK Sport. P. 1) Let us also consider the following case of drug use in sports which resulted in a serious action for the illegal use of a drug when the person was stripped of Olympic Gold medal. It is the case of Romanian gymnast Andrea Raducan who, at the age of16, was crowned all-round title holder at the 2000 Sydney Olympics. Thus, she became the first Romanian since Nadia Comaneci to win the desirable title. However, as in the previous case, Raducan was stripped of her gold medal, just after some hours, as she tested positive for pseudoephedrine, the banned substance in sports. This substance, it appears that, came from two over-the-counter cold and infection tablets that she used at the recommendation of her team doctor. It is notable that the International Olympic Committee recognised that the drug had not given Raducan any competitive benefit. However, as the substance was on the prohibited list, she had to pay the ultimate prize. (UK Sport. P. 1). A more recent case of doping ban is that of Justin Gatlin who needed to pay heavily for this. "Gatlin, the 2005 world 100m and 200m champion gave a positive test for testosterone at the low-level Kansas Relays in April 2006. It was his second failed drugs test and, under the World Anti-Doping Agency (Wada) code, he should have been given a lifetime suspension." (Gatlin set to contest doping ban. 2008). Next, a similar case can be found in the two year sanction from sport of the Canadian sports person of wheelchair sport which also made him ineligible for federal sport funding for life. Jeff Adams was a Paralympian who became world champion in wheelchair athletics winning five medals at the 2000 Summer Paralympics. This included gold in the 800m and 1500m, a silver in the 400m and a bronze in the 5000m and 4x100m. In anti-doping tests, he tested positive as his urine sample contained cocaine metabolites. He had various interesting accounts to justify the testing and he claimed that he was forced to the use of cocaine by one of the people at a bar. However, the Sport Dispute Resolution Centre of Canada, in June 2007, according to the judgement of the Canadian Centre for Ethics in Sport (CCES), World Anti- Doping Agency (WADA), Athletics Canada, and International Association of Athletics Federations, Adams was declared guilty of a doping violation. Thus, for the first time in sport history, such doping violation was reported. And, in line with the strict adherence to the regulations and principles, Adams was to face the two year sanction from sports activities followed by many other reductions of sports benefits. (UK Sport. P. 1). All theses cases of drug and doping control measures in sports illustrate the specific character of anti- doping objectives. Before we proceed further, let us find a table of anti-doping violations in the UK most recently added to the Drug Results Database of the Quarterly Update of UK National Anti-Doping Programme. This will illustrate the specific situation in the UK. In accordance with the World Anti-Doping Code, UK Sport has been reporting Tribunal Written Decisions, on a case-by-case basis. The following is the additions to the current information on its website. This is a very useful case study report that tells about the most modern doping situation in the UK. Date added Sport Governing body Athlete name Category of drug Substance Web ref number 04/07/07 Korfball BKBA Andy Martinez Stimulants & Cannabinoids Benzoylecgonine & Marijuana 105 Action: Athlete suspended for two years from 18 April 2007 to 17 April 2009 29/06/07 Sailing RYA Christine Johnston Failure to comply n/a 104 Action: Refusal: Athlete suspended for two years from 1 June 2007 to 31 May 2009 15/06/07 Rugby Union RFU Apoua Stewart Stimulants Ephedrine 102 Action: Athlete suspended for two years from 27 September 2006 to 26 September 2008 11/06/07 Football FAW Ceri James Stimulants Benzoylecgonine 101 Action: Athlete suspended from 21 April 2007 to 31 October 2007 25/05/07 Rugby Union RFU Paul Price Stimulants Benzoylecgonine 97 Action: Athlete suspended for 2 years from 18 April 2007 to 17 April 2009 25/05/07 Ice Hockey IHUK Beta-2 Agonists Terbutaline 96 Action: Athlete issued with a formal warning and reprimand 22/05/07 Rugby Union WRU Gary Jones Anabolic Agents 19-norandrosterone 95 Action: Athlete suspended for 2 years from 1 May 2007 to 30 April 2009 22/05/07 Rugby Union WRU Robbie Young Stimulants Ephedrine 94 Action: Athlete suspended for 12 months from 1 May 2007 to 30 April 2008 (UK National Anti-Doping Programme. 2007. p. 7). Court of Arbitration for Sport (CAS) has been an authoritative agency dealing with the cases of doping and the cases heard by the CAS finds very relevant in this discussion as they give the clear picture of the issue. It mainly appears to be the chief agency in the appeal for disciplinary cases in doping. Disciplinary cases embody major cases of disputes submitted to the CAS and most of these are doping-related. (The Court Of Arbitration for Sport, By Matthieu Reeb, CAS Secretary) http://www.tas-cas.org/en/histoire/histoireA.htm In a case that was considered by CAS, the analysis of a sample made it clear that the substance found in the body of the charged athlete was included in the prohibited list could also be produced in the body on its own. "The bulk of cases heard by the CAS centred around the question of whether or not the athlete had intentionally ingested a prohibited substance, which the body is unable to produce on its own." (O'Leary 2001. P 68). All these make it clear that there are also cases in which the anti-doping judgements can also be misinterpreted which causes great worry to the sports person. However, the significance of doping control testing is not challenged by any of these cases. Doping Control: Objectives "Drugs are chemical substances which, by interaction with biological targets, can alter the biochemical systems of the body" (Mottram 2003, p.1). The use of these to enhance the performance of the sports persons in the contemporary glamorous world of sports. The ever increasing expansion of the doping cases in the international and national sports scenario has resulted in the more comprehensive and significant methods of doping control. The efforts of the international sports organisations and agencies have been of particular notice. Process including test distribution planning, sample collection and handling, laboratory analysis, therapeutic use exemptions, results management, hearings and appeals. (Anti-Doping Glossary. P. 4). All these efforts have definite and accurate objectives concerning the sports activities and persons. Let us find the Aims of doping control as the follows. Doping has, in the present situation, become a regular concern of international sports organisations and national governments. The fundamental aims of doping control are threefold: - to uphold and preserve the ethics of sport; - to safeguard the physical health and mental integrity of players; and - to ensure that all players have an equal chance. (The Football Association Doping Control Programme. 2007, p. 5). The most significant answer to the question about why not to dope is that it is not morally desirable, along with the fact that these cause serious problems to the health of the participant. "Currently, it would seem that popular opinion about doping in sport is that it is morally undesirable. This may be a culturally biased perspective and caution may be necessary in making such claims given the varying meanings associated with doping, drug use, and even what constitutes a 'drug' between different cultures. However, within the industry of competitive sport, doping is internationally recognised as being undesirable, at least if one accepts that adherence to anti-doping codes is an indication of expressed values. This presents a very serious challenge to an ethicist who might reject this initial premise about performance enhancement." (Miah 2004, p.14). There are also various other reasons for the control of doping. "In addition, support for anti-doping relies upon the voices of athletes who express their contempt for use of drugs and other forms of doping in sport" (Miah 2004, p.15). Another major objective of the anti-doping measures is the attainment and safeguarding of the physical and mental health of the sports persons. Many are unaware of these adverse effects of the use of performance enhancing substances and drugs. "Athletes who use prohibited substances directly expose themselves to potential adverse health consequences and indirectly subject others to similar risks. By nature, many athletes are risk-takers who will adopt their counterparts' successful training methods--even dangerous ones--if doing so enhances their performance. Thus, other athletes' actual or perceived usage of steroids creates a strong incentive to "level the playing field," which may cause an individual who would not otherwise ingest or inject steroids to do so." (Mitten 2005, P. 60+.) The uncontrolled use of the performance enhancing drugs in sports has raised serious issues of inequalities in opportunity. The persons who are unconcerned of the opportunities of others and go on using the drugs that enhance their performance really stand as stumbling blocks to the sports career of many persons. The doping control efforts have, thus, a function of providing equal opportunity to all the participants. And, this results in the better future of the sports activity as these anti-doping measures help the future generations to see as the warning to their use of the performance enhancing drugs. Conclusion Doping is one of the major issues of the legal system concerning sports law. The practice doping or the use of performance enhancing drugs has been the bane of sports all through the history. Let us be sure that "the use of performance enhancement in sport brings into question the role of humans in the natural order and reflects a curiosity for testing humanity in a manner comparable to, say, life extension." (Miah 2004. P. 11). The anti doping policies and measures need to be treated in this context. The imperative and well articulated objectives of these anti-doping measures are the exact evidences of the prominence of the doping control regulations internationally. 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