On 19th October 2005, UNESCO responded the calls of the international community by adopting the international convention against the doping in sport (The Convention). This convention was adopted at the Third International Conference of Ministers and Senior Officials who was responsible for physical education and sports. Ministers in this meeting show their concern in context of the unethical behaviour in the sport, especially in terms of the doping in sports, and these ministers request all the countries to take action against this.
This convention for the first time states that all the governments across the globe must agree to apply the power of the international law in terms of the anti-doping. This is very important approach, because there are number of areas in which only government can possess the means for the purpose of fighting against the doping[1].
This paper mainly conducts the research in context of the convention. At last, this paper is concluded with the brief conclusion.
The convention is considered as the multilateral UNESCO treaty, through which states agree to adopt the national provisions for the purpose of preventing and eliminating the drug doping in sports.
Those member states which agree to the convention need to combine their domestic rules with the World Anti-Doping Code, which is recognized by the World Anti-Doping Agency. This mainly includes the facilitation of the doping controls and also provides support to the national testing programmes. This convention also inspires the formation of the best practices in context of the different aspects of products that may be includes any substance which is prohibited. This convention further states that financial support must be withdrawn from those who engaged in doping or provide support to the doping[2].
Article 2 [3]of this convention states the meaning of doping, and as per this article doping in sport means the occurrence of any activity which results in the anti-doping rule violation.
For the purpose of this anti-doping rule violation in context of sports means:
As stated above, convention helps the member states in safeguarding the efficiency of the world anti-doping code. This code is definite as the non-government document which applied only to the members of the sports organizations. International convention against the doping in sports provides the legal framework under which some particular areas are addressed by the governments in terms of the doping problem, because this problem does not fall in the domain of the sports movement. It can be said that, this convention helps in formalizing the global anti-doing rules, policies, and guidelines for the purpose of ensuring the honest and equal playing environment for all the athletes of the organization[4].
It must be noted that, governments can implement the convention in different manner such as by legislation, regulation, policies or administrative practices. Those parties who sign the convention are under obligation to take particular action in context of:
This convention was arrived into the force on 1st February 2007, and it becomes the most fruitful convention in the past of the UNESCO of ratification after the adoption. This convention is now recognized as the second most ratified conventions in all the treaties of UNESCO.
The main purpose of the convention is to encourage the restriction of and fight against the doping occurred in sports for the purpose of eliminating the same. There are number of means for achieving the aim and objects of this convention, and this also includes that the parties must adopt the suitable events at the national and international levels which must complied with the values of the code[6].
National activities:
Article 7 [7]of the agreement gives permission to the governments for the purpose relying on the national anti-doping and sports organizations in context of carrying out the main purpose of the convention. Sanctions against the athletes support personnel, like trainers and doctors of athletes, and also the nutritional supplements are both encouraged. The most important action at the national level in context of convention is the limit on the obtainability and use of the doping aids and methods. These conventions encourage both governments and sports organizations for the purpose of adopting the measures which prevent the availability, ownership, and use of the prohibited substances, although it particularly allowed the exceptions for healing the use. It suggest the measures to control the doping by athletes include no-advance notice.
It allowed the sports organizations to give permission to their associates to be verified by the authorized teams of the doping control from the other countries, and they must provide assistance to the sport and anti-doping organization for acquisition the access to the accredited doping control laboratory. These conventions also provide the financial methods so that countries can access strong control over the sports doping. It further states that parties related to the convention must provide adequate funds for supporting the national testing programme and also provide assistance in financing doping controls either by directing the subsidies or grant[8].
This convention directs the government to withdrawn the funding from those athletes and athletic support personnel during the period of suspension also in context of the doping violation.
3rd Article [9]of the convention mainly consider on the international collaboration’s as a tool for controlling and eliminating the doping. It mainly promotes the collaboration between the governments, anti-doping agencies, and also the sports organizations across the globe.
This collaboration comprises the in- and out-of-competition, testing of the athletes in their own and other territories. It allowed the movements of the doping control teams and their samples across the borders. It recognizes the doping control procedures of the other members and also provides support to the reciprocal testing arrangements. Parties of the agreement also encouraged in this context to part the info on the real anti-doping programs and also on the anti-doping research and developments[10].
Parties to the convention are also absorbed for supporting the mission of the World Anti-Doping Agency (WADA), and also to deliver the equal subsidy to the WADA via both public sources and the Olympic movement.
There are two different parts also related to the convention on which parties must focus that are education and research in terms of doping. Member states of the convention are mainly directed to give their adequate support, devise or implement education and training programs related to the anti-doping for athletes and sports communities[11]. Aim of this area is to notify the persons about the health risks and the ethical issues which results from the doping and it also specifies the code and control procedures[12].
Section v of the convention consider the area of the research, and it also states what type of research should be conducted and the manner in which such research should be carried out. Research related to the training programs, emerging substances and methods of doping, their prevention, new methods of detection, and also the health issues.
It is necessary that all these research must be carried out in lawful manner and ethical manner, and develops the measures for preventing the athletes in involving in the prohibited substances. Research in this context must be performed after ensuring the adequate precautions for preventing the results which are being misused and applying for doping. Monitoring in context of monitor the convention and its provisions
Conclusion:
The International convention against the doping in sports is considered as the multilateral UNESCO treaty, through which states agree to adopt the national provisions for the purpose of preventing and eliminating the drug doping in sports. Those member states which agree to the convention need to combine their domestic rules with the World Anti-Doping Code, which is established by the World Anti-Doping Agency. The main purpose of the convention is to encourage the restriction of and fight against the doping occurred in sports for the purpose of eliminating the same. There are number of means for achieving the aim and objects of this convention, and this also includes that the parties related to the convention must adopt the appropriate measures at the national and international levels which must be consistent with the principles of the code
Website
Congress.gov, international convention against doping in sport, (2008), <https://www.congress.gov/congressional-report/110th-congres/executive-report/11>.
Assets published, International Convention Against Doping in Sport, (2005), <https://assets.publishing.service.gov.uk/government/uploads/syste /uploads/attachment_data/file/236097/8409.pdf>.
Legal Instruments, International Convention against Doping in Sport 2005, (2005),<https://portal.unesco.org/en/ev.php-URL_ID=31037 URL_DO=DO_TOPIC&URL_SECTION=201.html>.
Jonathan Coleman, Conference of Parties to the International Convention against Doping in Sport – France, (2015) < https://www.beehive.govt.nz/speech/conference-parties-international-convention-against-doping-sport-france>.
UNESCO, International Convention against Doping in Sport, < https://www.unesco.org/new/en/social-and-human-sciences/themes/anti-doping/international-convention-against-doping-in-sport/>.
WADA, International Convention against Doping in Sport, < https://www.wada-ama.org/sites/default/files/resources/files/UNESCO_Letter_JULY2006_EN.pdf>
Houlihan, Achieving compliance in the international doping policy, (2013) <https://brage.bibsys.no/xmlui/bitstream/handle/11250/191664/HoulihanSportManRev2013%20Fil%20mangler%20forside.pdf?sequence=1>.
Journals
Robyn Lubisco, Whatever Happened to the International Convention Against Doping in Sport: The United States Ratified It, But Then What? (2017), Journal of sports law, 13(1).
Michael Straubel, The International Convention Against Doping in Sport: Is It the Missing Link to USADA Being a State Actor and WADC Coverage of U.S. Pro Athletes?, (2008), Marquette sports law review, 19(1).
Statute
International convention against the doping in sports
[1] Congress.gov, international convention against doping in sport, (2008), <https://www.congress.gov/congressional-report/110th-congress/executive-report/11>.
[2] Michael Straubel, The International Convention Against Doping in Sport: Is It the Missing Link to USADA Being a State Actor and WADC Coverage of U.S. Pro Athletes?, (2008), Marquette sports law review, 19(1).
[3] International convention against the doping in sports Article 2.
[4] Assets.published, International Convention Against Doping in Sport, (2005), <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236097/8409.pdf>.
[5] Legal Instruments, International Convention against Doping in Sport 2005, (2005), <https://portal.unesco.org/en/ev.php-URL_ID=31037&URL_DO=DO_TOPIC&URL_SECTION=201.html>.
[6] Robyn Lubisco, Whatever Happened to the International Convention Against Doping in Sport: The United States Ratified It, But Then What? (2017), Journal of sports law, 13(1).
[7] International Convention against Doping in Sport Article 7.
[8] Jonathan Coleman, Conference of Parties to the International Convention against Doping in Sport – France, (2015) < https://www.beehive.govt.nz/speech/conference-parties-international-convention-against-doping-sport-france>.
[9] International convention of doping in sports Article 3.
[10] UNESCO, International Convention against Doping in Sport, < https://www.unesco.org/new/en/social-and-human-sciences/themes/anti-doping/international-convention-against-doping-in-sport/>.
[11] WADA, International Convention against Doping in Sport, < https://www.wada-ama.org/sites/default/files/resources/files/UNESCO_Letter_JULY2006_EN.pdf>.
[12] Houlihan, Achieving compliance in the international doping policy, (2013) <https://brage.bibsys.no/xmlui/bitstream/handle/11250/191664/HoulihanSportManRev2013%20Fil%20mangler%20forside.pdf?sequence=1>.
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