Athletes’ rights

by | Apr 9, 2023 | Anti-Doping

Making sure that athletes have rights, that athletes are aware of those rights, and can exercise those rights is vital to the success of clean sport.

  1. EQUALITY OF OPPORTUNITY
    Athletes have the right to equal opportunity in their pursuit of sport to perform at the highest level in both training and compe􀆟􀆟on, free of par􀆟cipa􀆟on by other athletes who dope, or athlete support personnel, or other persons or an􀆟-doping organiza􀆟ons that otherwise violate an􀆟-doping rules and requirements.
  2. EQUITABLE AND FAIR TESTING PROGRAMS
    Athletes have the right to equitable and fair testing programs implemented in a manner that ensures that all athletes in all countries are tested in compliance with the Code and International Standards.
  3. MEDICAL TREATMENT AND PROTECTION OF HEALTH RIGHTS
    Athletes have the right to be free from any pressure that jeopardizes their health, be that physical or emotional, through doping.
    Athletes have the right to obtain a therapeutic use exemption (allowing athletes with a medical condition to use a prohibited substance or prohibited method) in accordance with the Code and International Standard for Therapeutic Use Exemptions.
  4. RIGHT TO JUSTICE
    Athletes have the right to justice, including the right to be heard, the right to a fair hearing within a reasonable time by a fair, impartial and operationally independent hearing panel, with a timely reasoned decision specifically including an explanation of the reasons of the decision.
    On appeal, an athlete has a right to a fair, impartial, operationally and institutionally independent hearing panel, the right to be represented by counsel at the athlete’s own expense and a timely, written, reasoned decision.
  5. RIGHT TO ACCOUNTABILITY
    Athletes have the right that any anti-doping organization that has jurisdiction over them will be accountable for its action or omissions through the applicable compliance systems, and an athlete shall have the ability to report any compliance issue that they believe exists to relevant personnel or to an anti-doping organization.
  6. WHISTLEBLOWER RIGHTS
    Athletes have the right to access an anonymous or confidential mechanism to report any potential doping behavior by athletes, athlete support personnel, and other persons, or any non-compliance by anti-doping organization.
    Athletes have the right to report potential anti-doping rule violations or non-compliance through a whistleblower mechanism and not be subjected to threats or intimidation designed to discourage them from reporting in good faith, and they have the right not to be retaliated against for providing such evidence or information in good faith.
  7. RIGHT TO EDUCATION
    Athletes have the right to receive anti-doping education and information from anti-doping organizations.
  8. RIGHT TO DATA PROTECTION
    Athletes have the right to the fair, lawful, and secure handling of their personal information by antidoping organizations that collect, use and share it, including the right to be kept informed about its processing, to access a copy of it and to request its deletion once it no longer serves an antidoping purpose.
  9. RIGHT TO COMPENSATION
    An athlete has the right to pursue damages from another athlete or other person whose actions have damaged that athlete by the commission of an anti-doping rule violation. The pursuit of damages shall be in accordance with any laws or regulations in their country outside of the Code.

    Any prize money that has been recovered by an anti-doping organization from a sanctioned athlete shall, subject to the reasonable efforts of the anti-doping organization, be redistributed to athletes who would have been entitled to it had the forfeiting athlete not competed.
  10. PROTECTED PERSONS RISGHTS
    Athletes that are defined as protected persons under the Code shall have further protections because of their age or lack of legal capacity, including in the assessment of their fault, and mandatory public disclosure shall not be required.
  11. RIGHT DURING SAMPLE COLLECTION
    When subject to a sample collection session, an athlete has the right to see the identification of the doping control officer, the right to ask for additional information about the sample collection process, the right to be informed of the authority under which the sample collection is to be conducted, the type of sample collection and any conditions that need to be adhered to prior to the sample collection, the right to hydrate (unless they have provided a sample that does not meet the requirement for suitable specific gravity for analysis), the right to be accompanied by a representative, the right to delay reporting to the doping control station for valid reasons, the right to be informed of their rights and responsibilities, the right to document any concerns about the process, and the right to receive a copy of the records of the sample collection session.
  12. RIGHT TO B SAMPLE ANALYSIS
    An athlete has the right, when analysis of their A sample results in an adverse analytical finding, to request analysis of their B sample as provided in the Code and International Standards.
    Where the B sample analysis does not confirm the A sample finding, the athlete who was provisionally suspended is allowed, where circumstances permit, to participate in subsequent competitions during the event, and depending upon the relevant rules of the international federation in a team sport, if the team is still in competition, the athlete may be able to take part in future competitions.
  13. OOTHER RIGHTS AND FREEDOMS NOT AFFECTED
    An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Act or is included only in part.
  14. APPLICATION AND STANDING
    Nothing in this Act shall change in any way the application of the Code or International Standards, or the standing of athletes under those documents.