The 2009 Wada Code: A More Proportionate Deal for Athletes?
This article seeks to assess the leading force in developing anti-doping policy in sport; the World Anti-Doping Agency. This article will analyse the 2009 World Anti Doping Agency Code, which came into force on 1 January 2009. The 2009 Code represents the latest effort to fight doping in sport, and contains a considerable number of new provisions from that which was previously in place. The main question this article poses is whether the changes made in the 2009 Code are justifiable as being proportionate in order to take forward the fight against doping whilst at the same time respecting athletes’ rights. The article goes on to detail the new provisions of the 2009 Code and assesses the proportionality of each in the light of standard principles of justice and specific sporting jurisprudence on the matter, particularly the judgments of the European Court of Justice on this issue. The conclusion reached is that several of the provisions contained in the 2009 Code are in breach of the proportionality principle by violating the personal rights of athletes, particularly those relating to economic livelihood, privacy and procedural fairness. Accordingly, aggrieved athletes will inevitably bring legal disputes.