ABSTRACT

Anti-doping relies upon an understanding of the medical and scientific aspects of drugs, the reasons for their use, and certainty over the methods of detection. Without such an understanding, there can be highly problematic consequences. The ambiguities of policy and the arbitrariness of the Prohibited List are explored by considering legal medicines and health, focusing on caffeine and painkillers. The dilemmas that are inherent in the therapeutic use exemptions system demonstrate the uncertainties that can be exploited by unscrupulous athletes and doctors. By contrast, cases where athletes have been denied clear need for medicines, such as hormonal therapies, show that policies can be unjust and increase health risks. Perhaps just as troubling are the cases which expose weaknesses in the laboratory testing procedures, which should be absolutely watertight if athletes are to be treated fairly and have their basic human rights protected. The organisation of anti-doping mitigates against objective and independent appraisal of these risks, and against athletes mounting appeals against rules or processes.