Caught in Contamination: Revisiting the Burden of Proof in Doping Sanctions for Supplement Use
Year: 2025
Type: article
Abstract: The globalization of dietary supplement use, especially among athletes, has increased the possibility of inadvertent doping as a result of contaminated supplements. This paper reflects on the ethical and legal contradictions of the strict liability system integrated within the exemplar of the World Anti-Doping Code that makes athletes exclusively liable in case of the presence of a prohibited substance in their body, regardless of intent or fault. Using case law, scientific complexity, and socio-economic inequality, the research shows how this system over-prosecutes athletes in resource-constrained contexts who have no access to legal, financial, and scientific resources to mount a credible defense. This paper employs a multidisciplinary approach combining doctrinal legal analysis, policy critique, and case-based examination of arbitration jurisprudence. The paper suggests the use of tiered standards of evidence, improved traceability of supplements, and the institution of a global body that oversees supplement safety are needed. Such reforms would be an attempt at reconciling the goals of discouraging doping and a desire to promote fairness and procedural justice. The article identifies structural imbalance inherent in the implementation of anti-doping strategies and disrupts the current balances, demanding that regulatory norms be aligned with standards or human rights and athletic integrity.
Source: Beijing Law Review
Author: Damaris Were Ogama
Institution: Government of Kenya
Language: English
Topic: Doping in Sports
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413226534