Doping in Sports: Where Law, Ethics, and Fairness Collide

Written by Shivani Gaikwad,
Lex Lumen Research Journal Winter Intern,
January 2026

Introduction

Sports have been one of the greatest interests of younger generations and the old. It resembles discipline, hard work and perseverance. Fair play in sports ensures that the success of an athlete is not by cheating or some kind of artificial enhancement but through constant training and showing their talent. The basic rule of fair play is to respect the game, to be honest with opponents, referees and spectators, and continue keeping the spirit of sportsmanship. This not only builds public trusts but also allows the shaping of social values. Sports are governed by rule of law where there are disciplinary rules and code of conduct that an Athlete has to know and follow. There are various bodies that take care of the issues relating to violations and prevention. It creates a long-term credibility of the entire sports system.

Doping is a threat to fair play because it includes the use of substances or methods that are not allowed due to their enhancing property in athletic performance. From a legal standpoint, Doping is a violation of the World Anti-Doping Code (WADC), which is enforced by the World Anti-Doping Agency (WADA). WADA has created specific standards for sports. These standards are strict in nature, and violation of them may result in disqualification, suspension, permanent ban, fines, or imprisonment under National laws. This affects the entire career of the athlete. Ethically speaking, doping violates the basic principles of sports, such as honesty, equality, and respect. It defies the values of hard work, talent, and athletic credibility. Doping gives an unfair advantage to athletes over other athletes who follow the rules. Doping is a threat to the moral foundation of sports. Other than this, doping raises concerns relating to health due to its serious side effects on physical and mental health.

What is Doping and Why is it Banned?

In simple words, Doping means the use of banned or prohibited substances and methods by athletes in order to enhance their performance. Performance-enhancing drugs such as anabolic steroids, stimulants, or erythropoietin (EPO), by using techniques like blood doping or gene doping. These substances increase strength, speed, or recovery of the athlete’s body. The WADA provides a Code that includes around 11 violations. There are severe effects of doping on the human body, including heart failure and strokes. It creates long term harm or even life risks. Due to doping, psychological effects, liver and kidney failure, hormonal imbalance, cancer, blood clots, or even sudden death can happen. The World Health Organisation (WHO) has also warned about such substances that create irreversible damage to the human body. The performance-enhancing drugs give an unfair advantage to the athletes. Sports is where people assume that the competitors are playing through their natural ability and effort taken by training themselves. Due to unfair advantage inequality, loss of public trust, and pressure increases on clean athletes. Therefore, disqualifications, suspensions, or sanctions are considered justified.

Legal Regulation of Doping in Sports

WADA was established in the year 1999. It was created as a public-private partnership between the International Olympic Committee (IOC) and governments. It develops policies, coordinates education in order to protect the health of the athletes and the integrity of sports, provides funds for research, and does compliance monitoring. It further accredits labs for testing purposes and oversees the National Anti-Doping Organisation (NADOs). It uses tools like the Anti-Doping Administration and Management System (ADAMS). It ensures consistent standards across sports.

There are various tests that are done, such as urine, blood, Athlete Biological Passport monitoring during competitions, and outside of competition, without any advance notice from the Doping Control Officers. The samples of the athletes are analysed by labs that are approved by WADA. Its results are managed through a strict chain of custody protocols.

Sanctions for violations are given by tribunals like CAS, which include provisional suspensions to final penalties like 2 to 4 years of ban for initial offence and lifetime punishment for severe offence. The National Anti-Doping Organisation (NADOs), federations are responsible for enforcement, which is backed by UNESCO’s Anti-Doping Convention for national laws. Russia’s 2021 exclusion is one of the examples.

Ethical Concerns and Fair Play

Equality is the basic necessity for fair play in sports. Vigilant oversight by sports bodies is their moral responsibility. They ensure that no athlete gains an undue advantage in sports and that the integrity of sports is upheld. Doping gives an advantage to athletes to perform beyond their natural ability, creating inequality between athletes who have trained themselves for years and those who have bypassed their natural limits with the help of performance-enhancing drugs. Equality, respect, and integrity provide fairness towards the clean athletes. There are various federations, WADA, International Olympic Committee (IOC) must enforce rules by taking into consideration the basic principles of fair play and not by partiality. Priority must be given to the athlete’s welfare, and stakeholders must be educated instead of just gaining commercially. These bodies are responsible to look after doping and creating transparent policies. Independent audits have to be included in order to eliminate public distrust and scandals

Fairness to Athletes: A Legal Dilemma

Under the WADA Code, Article 2.1 prohibits the intake of any substances by athletes, where it states that if such a substance is found in an athlete’s sample, then it will be considered a violation and athletes will be absolutely responsible irrespective of their intention or negligence, and there is no need to prove the fault. It enforces strict liability over athletes. This penalises even the innocent athletes, similar to the case of contamination, which took place with Shelby Houlihan’s 2021 burger defence, which was rejected by CAS. Every athlete has to go through a testing process, which also invades privacy. This raises concerns about human rights, which are given under Article 8 of the ECHR. WADA justified itself for reasons like public interest.  On the other hand, the proportion of punishment has to be based on the level of culpability, but strict liability yields 2 to 4 years of suspension. Due to this, balancing becomes a challenge.

Conclusion

Anti-doping regulation must strike a balance between the integrity of sport and fundamental rights, health, and the humanity of athletes. In modern sport, doping is one of the most complex issues. Fairness has to be sustained and enforced through WADA’s Codex, specifically strict liability and testing, which creates deterrence and upholds the merit-based essence and public trust. Lack of this may erode credibility and fair competition. Privacy, proportionality of punishment, and fairness in procedure are also essential parts of regulations. Justice must not be compromised by rigid enforcement, intrusive surveillance, or unusual sanctions. The rights of the athletes are as important as the rules of the sports. Innocent must not be punished just because of contamination where there is no intention of deception. Due process and respect for human dignity are also important. All athletes must be treated equally.

The Court of Arbitration for Sports (CAS) and WADA play a critical role in maintaining balance. The enforcement has to be balanced depending on the individual circumstances and fundamental rights of athletes. However, it is important to create a balance through anti-doping laws where sports are protected without punishing the innocent and cheating is deterred without eroding human dignity.

References:

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  10. Thomas W Cox, The International War Against Doping: Limiting the Collateral Damage from Strict Liability.

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