Athletes Human Rights And The Fight Against Doping A Study Of The European Legal Framework
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Athletes Human Rights And The Fight Against Doping A Study Of The European Legal Framework
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Author : Bart van der Sloot
language : en
Publisher: Springer Nature
Release Date : 2020-01-23
Athletes Human Rights And The Fight Against Doping A Study Of The European Legal Framework written by Bart van der Sloot and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
This book addresses the tension between, on the one hand, anti-doping practices and measures and, on the other hand, the fundamental rights of athletes. New techniques for testing and re-testing samples taken several years ago, have caused a push by the World Anti-Doping Agency and affiliated organizations for stricter rules, more doping tests and higher sanctions. Meanwhile, many States are adopting new laws and regulations to facilitate this push. At the same time, privacy and data protection have gained new momentum, especially in the European Union, where the General Data Protection Regulation came into effect in May 2018. It contains new obligations for data controllers and processors, rights for data subjects and sanctions for those violating the data protection rules. It is clear that gathering whereabouts information on athletes, collecting urine and blood samples, analyzing the samples and using the data distilled there from falls within the scope of the data protection framework. In addition, European athletes can invoke their rights to privacy, fair trial and freedom from discrimination as guaranteed by the European Convention on Human Rights. The book is aimed at professionals and organizations involved in sports and anti-doping and provides them with an opportunity to delve into and understand the rights guaranteed to athletes within the European context. Furthermore, it is equally relevant for privacy and data protection lawyers and human rights scholars wishing to familiarize themselves with the difficult questions relating to human rights protection in the world of sport and anti-doping. Written in accessible language, it should also prove useful to athletes and laymen wanting to learn about the rules applicable to almost everyone who practices sport, even at a local amateur level. Bart van der Sloot is senior researcher at Tilburg University, Tilburg, The Netherlands, Mara Paun is PhD researcher at Tilburg University, Tilburg, The Netherlands, Ronald Leenes is professor at Tilburg University, Tilburg, The Netherlands.
Inspiration From Brussels The European Union And Sport
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Author : Jacob Kornbeck
language : en
Publisher: BoD – Books on Demand
Release Date : 2013
Inspiration From Brussels The European Union And Sport written by Jacob Kornbeck and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Political Science categories.
The name "Brussels" has become largely synonymous with the regulatory role of the EU. Yet "Brussels" is also a source of inspiration, especially in such areas where the EU is not empowered to regulate, and this side of "Brussels" is a rather different one. The emerging policy field of sport (which only recently got a legal base in the Treaty of Lisbon) illustrates the complementarity of inspiration versus regulation coming "from Brussels". By drawing on two case studies - the fight against doping and the promotion of health-enhancing physical activity - the book shows that inspiration "from Brussels" takes on a special dimension in relation to sport and physical activity because sport policies are often heavily dependent on various, largely unquestioned arrangements which are in place at national, regional or local level. While EU-level regulation remains a possibility in certain cases, the scope for regulation is very limited. The scope for inspiration, by contrast, is almost endless. The sport sector is a natural candidate for inspiration and inspiration "from Brussels" can be an opportunity for renewal.
Doping In Sport And The Law
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Author : Ulrich Haas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-09-22
Doping In Sport And The Law written by Ulrich Haas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse legal fields which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The World Anti-Doping Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 14 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport.
The Strict Liability Principles And The Human Rights Of Athletes In Doping Cases
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Author : Janwillem Soek
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006
The Strict Liability Principles And The Human Rights Of Athletes In Doping Cases written by Janwillem Soek and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
Sports Law
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Author : Frank Hendrickx
language : en
Publisher:
Release Date : 2004
Sports Law written by Frank Hendrickx and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Environmental law / Blanpain.-v.1.
Study On National Sports Legislation In Europe
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Author : André-Noël Chaker
language : en
Publisher: Council of Europe
Release Date : 1999
Study On National Sports Legislation In Europe written by André-Noël Chaker and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Education categories.
The European Roots Of The Lex Sportiva
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Author : Antoine Duval
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
The European Roots Of The Lex Sportiva written by Antoine Duval and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This open access book explores the complexity of the lex sportiva, the transnational legal regime governing international sports. Pioneering in its approach, it maps out the many entanglements of the transnational governance of sports with European legal processes and norms. The contributors trace the embeddedness of the lex sportiva within national law, European Union law and the European Convention on Human Rights. While the volume emphasizes the capacity of sports governing bodies to leverage the resources of national law to spread the lex sportiva globally, it also points at the fact that European legal processes are central when challenging the status quo as illustrated recently in the Semenya and Superleague cases. Ultimately, the book is also a vantage point to start critically investigating the Eurocentricity and the complex materiality underpinning the lex sportiva. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
Autonomy Of Sport In Europe
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Author : Jean-Loup Chappelet
language : en
Publisher: Council of Europe
Release Date : 2010-01-01
Autonomy Of Sport In Europe written by Jean-Loup Chappelet and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
Defending Athletes Players Clubs And Fans
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Author : Daniel Rietiker
language : en
Publisher: Council of Europe
Release Date : 2022-10-20
Defending Athletes Players Clubs And Fans written by Daniel Rietiker and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Political Science categories.
A key manual for human rights education and litigation in sport, in particular before the European Court of Human Rights. This essential book describes the scope and limits of the European Court of Human Rights’ role in resolving human rights disputes in sport, drawing on its own case law and other jurisdictions, notably the United States. It covers all aspects of the actual and potential application of human rights in sport as they relate to athletes, players, clubs and supporters. All those interested in the link between human rights education, strategic litigation and sport will find in this indispensable handbook the first comprehensive and explained summaries of the Court's case law in this area.
Sports Investigations Law And The Echr
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Author : Björn Hessert
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-23
Sports Investigations Law And The Echr written by Björn Hessert and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.