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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases (Hardcover)
Loot Price: R2,872
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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases (Hardcover)
Series: ASSER International Sports Law Series
Expected to ship within 10 - 15 working days
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With a Foreword by Hein Verbruggen, UCI Honorary President for life
and IOC Member This book deals with the legal position of the
athlete in doping cases under the law of the regulations of
national and international sports federations and how this legal
position can be reinforced. According to the rules of the sports
organizations applicable to doping offences, where prohibited
substances are found in athlete's bodily fluids the athlete in
question is strictly liable for a doping offence. In the
disciplinary procedure there is no discussion about his guilt and
the athlete is not given an opportunity to disprove his guilt. One
of the starting points of the European Convention of Human Rights
(ECHR) is that suspects are not guilty until their guilt has been
proven conclusively based on the law, which includes the right of
defence. The author analyzes the nature of doping offences and puts
forward arguments in favour of the application of the rights of the
defence as laid down in the ECHR in disciplinary doping
proceedings. In his argumentation he also addresses the procedural
system of sanctions and the practical and economic consequences the
sanctions may have for the athlete concerned. As not only the
athlete himself, but also sports clubs and sponsors may suffer
serious damage from such sanctions, this book on the strict
liability principle will be of great interest to practitioners and
academics in more than one field of law. Moreover, it will be a
welcome addition to the literature and the continuing debate on
doping in sport, which is a matter of great concern to many
interested parties. Janwillem Soek is a senior researcher at the
ASSER International Sports Law Centre, The Hague, The Netherlands.
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