ABSTRACT
The substantive issues within the WADA Code should be judged based on the effects they have on the rights and the duties of the non-elite developing country athlete. Starting from the burden to prove innocence to ambiguity on decision limits, these issues are affecting the rights of the athletes. Further, the provision of permitting drug use on the grounds of a medical condition has largely benefitted the elite stars. The evidentiary requirement to counter the technical, scientific as well as legal argument affects the ability of a non-elite developing country athlete to successfully challenge the findings of an ADRV. Hence, there is a need for an inclusive approach for the provisions, as they are currently promoting the interests of the elites.
