The punishment of gene doping – The relation between WADA prohibited lists, German Medicinal Products Act, German Doping Agents Amounts Ordinance, and Basic Law of the Federal Republic of Germany

Abstract

The genetic constitution of athletes influences efficiency. Knowledge of genetic influences provides an opportunity for medical diagnostic and therapeutic attempts. Beside risks and therapeutic aspects, however, the possibilities of abuse for gene doping purposes in sports also exist. Genetic screening or gene therapy may have an advantage for athletes who use these methods. In juridical comments, it is pointed out that gene doping so far plays no role in sports, but that the legislator must consider a development in this area. Preventing abuse requires legal regulations. These regulations can include sanctions. This paper deals with the gene doping prohibition of the World Anti-Doping Agency (WADA) as confirmed and accepted by the monitoring group according to Articles 10 and 11 of the European Anti-Doping Convention by the Council of Europe, the prohibition of (gene) doping in sports of the German Medicinal Products Act (Arzneimittelgesetz - AMG) and the German Doping Agents Amounts Ordinance (Dopingmittel-Mengen-Verordnung-DmMV) of the German Federal Ministry of Health (BMG). The comprehensibility of the doping ban on the norm addressee was tested with a questionnaire. In connection with legal regulations of the German constitution, gene doping is discussed and problems which may arise by a state doping prohibition are pointed out.

Annual banned‐substance review: analytical approaches in human sports drug testing

“…The issue of gene doping has chaperoned scientific accomplishments in gene therapy for at least a decade, and despite considerable reservations as to what kind of benefit cheating athletes could possibly expect as well as detrimental health and legal consequences, there is an urgent need to pursue anti‐doping efforts concerning the manipulation of the sportsmen's genetic material. Two major scenarios of gene doping are described with one being the abuse of ‘classical’ gene therapy, i.e.…”