ABSTRACT

This chapter discusses the legal analytical framework of the book. The analysis of coercive measures in sports investigations must subscribe to a legal standard that applies to sports organisations and athletes in an international context. This legal regime could be found in the ECHR. The ECHR and the case law of the European Court of Human Rights (‘ECtHR’) could therefore serve as the appropriate legal standard to examine the legality and legitimacy of the use of investigatory powers in sport. The question to answer is whether the ECHR applies to private sports organisations. The author explains why and how private sports organisations are bound by the procedural and substantive human rights guaranteed under the ECHR.