The general principles of fair procedure applicable to anti-doping proceedings E-Book

Council of Europe

• Herausgeber: Council of Europe
• Kategorie: Fachliteratur
• Sprache: Englisch

Seitenzahl: 21

Veröffentlichungsjahr: 2023

Beschreibung

Recommendation CM/Rec(2022)14 adopted by the Committee of Ministers of the Council of Europe on 20 April 2022 and explanatory memorandum.

Recommendation CM/Rec(2022)14 on general principles of fair procedure applicable to anti-doping proceedings aims to ensure that the safeguards enshrined in Article 6 of the
European Convention on Human Rights apply fully to antidoping proceedings.

The principles are adapted to the specificity of sport and the singularities of anti-doping. The Recommendation carefully takes into consideration the need for a balanced
approach, notably to protect athletes’ right to private life. It should be applied in all anti-doping proceedings at national or international level.

Leseprobe

 

THE GENERAL PRINCIPLES

OF FAIR PROCEDURE

APPLICABLE TO ANTI-DOPING

PROCEEDINGS IN SPORT

 

Recommendation CM/Rec(2022)14

adopted by the Committee of Ministers

of the Council of Europe

on 20 April 2022

and explanatory memorandum

 

Contents

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Recommendation CM/Rec(2022)14of the Committee of Ministers to member States on general principles of fair procedure applicable to anti-doping proceedings in sport(Adopted by the Committee of Ministers on 20 April 2022 at the 1432nd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe (ETS No. 1),

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Reaffirming its strong determination to fight against doping in sport while ensuring full respect for human rights and fundamental freedoms;

Convinced that the effective recognition and observance of the rights and freedoms proclaimed by the Universal Declaration of Human Rights and upheld by subsequent international conventions are of paramount importance for the protection and promotion of clean sport;

Acknowledging the relevance of the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5), in particular its guarantees of the right to a fair hearing (Article 6), and the case law of the European Court of Human Rights in preventing and remedying human rights violations in sport, combating arbitrariness and ensuring proportionality of possible sanctions imposed in sport or anti-doping-related matters;

Having regard to the standards contained in the Anti-Doping Convention (ETS No. 135);

Keeping in mind Recommendation T-DO/Rec (2017) 01 on ensuring the independence of hearing panels (bodies) and promoting fair trial in anti-doping cases, adopted by the Monitoring Group of the Anti-Doping Convention on 20 February 2017;

Recalling the International Declaration on Human Rights and Sport ( “Tbilisi Declaration”) adopted at the 15th Council of Europe Conference of Ministers responsible for Sport in 2018 and Resolution No. 2 on human rights in sport adopted at the 16th Conference in 2020;

Recognising the wide diversity of legal systems among the States Parties to the Anti-Doping Convention and of anti-doping procedures being used by their competent bodies;