Conflict of Interests: The "Whereabouts" Information System of the World Anti-Doping Agency and Athletes' Fundamental Rights

Abstract

According to the World Anti-Doping Agency, out-of-competition testing is a cornerstone of the fight against doping in sports. It aims to overcome the difficulty of detecting the intake of drugs during training periods. In this respect, the “Whereabouts” information system is necessary to locate each athlete and it stipulates the duties and rights of athletes. In particular, two provisions are highly debated by athletes and jurists: The duty to provide whereabouts three month in advance for every day and the duty to be available for no notice testing 60 minutes every day at a time and location determined by the athlete. The fact that three “Whereabouts” failures are seen as a doping offence which can be punished with a two years suspension is especially criticised. The rights of athletes are not in balance with the need to fight against doping in sports. First, the violation of the right to privacy, which is stipulated in article 17 of the International Covenant on Civil and Political Rights, is not justified. The WADA did not take the relationship of dependence between athletes and sports organisations into account and furthermore invades the athletes’ privacy enormously with the “Whereabouts” information system. Secondly, the implementation of the principle of strict liability causes unacceptable consequences such as the current case of the German ice-skater Claudia Pechstein shows. The aim of the WADA to increase the effectiveness of antidoping measures thus affects the entire careers of athletes. As the purpose of out-of-competition testing and thus the need for the “Whereabouts” information system is beyond question, the current system has to be modified to comply with the rights of individuals. If not, the “Whereabouts” system will stand up to not resist a human rights scrutiny as there is a chance for individuals to challenge it.