Performance-Enhancing Medicines in Sports: Legal Discussion

Abstract

Morally speaking, employing Performance-Enhancing Medicines (PEMs) in sports is not acceptable because using these medicines in sports competitions is associated with negative legal consequences. However, due to rapid advances in the genetic modification technologies, there is a fear that these therapeutic technologies have been applied to athletes (e.g., to prevent Myostatin from incapacitating skeletal muscle groups). Additionally, taking and giving performance-enhancing medicines are not only unethical, but such activities could even be illegal because of the dangerous side effects of drugs associated with it. The main issue that this paper is going to discuss in the absence of criminal provisions addressing the actions of doping generally and gene doping in many existing legal systems around the world. Another issue that this paper deals with is the lack of laboratory screening methods that can discover the occurrence of gene modifications. In this regard, this study attempts to examine the legal theory of the development of disciplinary and criminal systems setting athletes’ responsibility which definitely arise as a result of utilizing PEMs and employing gene doping technologies in sports competitions. The study uses the analytic method to find out the exact terminologies of these substances which affect athletes and their rights to life - bodily integrity.

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