Athletes’
Anti-Doping

Rights Act[Approved by WADA's Executive Committee on 7 November 2019.]

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Athletes’ Anti-Doping Rights Act

PURPOSETo ensure that athlete rights within an�-doping are clearly set out, accessible, and universallyapplicable.

PREAMBLE
One of the purposes of the World An�-Doping
Code (Code) and the World An�-Doping
Program is to protect the athletes’ fundamental right to par�cipate in doping-free sport andthus promote and protect health, fairness andequal opportunity for athletes worldwide.
Making sure that athletes have rights, thatathletes are aware of those rights, and can
exercise those rights is vital to the success ofclean sport. Athlete rights exist throughout
the Code and Interna�onal Standards.
This Act has been dra�ed a�er extensive
consulta�on with athletes from around theworld and it describes those rights that
athletes have iden�ﬁed as par�cularly important to them. It does not ar�culate all athleterights. However, this Act is not a legal document; athletes’ legal rights in the context ofan�-doping are only those rights that are set

forth in the Code and Interna�onal Standardsregardless of how they are described in thisAct. In case of conﬂic�ng interpreta�ons, theprovisions of the Code and Interna�onal Standards shall prevail in all cases.
This Act is approved by the WADA Execu�veCommi�ee upon the recommenda�on of theWADA Athlete Commi�ee. Changes to this Act
may be made by recommenda�on to theWADA Execu�ve Commi�ee from the WADA
Athlete Commi�ee.
This Act is made up of two parts. Part one setsout rights that are found in the Code and Interna�onal Standards. Part two sets out recommended athlete rights. These are not found in
the Code or Interna�onal Standards but arerights that athletes recommend that an�-doping organiza�ons adopt for best prac�ce.

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Athletes’ Anti-Doping Rights Act

The rights set out in part one of this Act are rights thatathletes have by way of the Code and Interna�onalStandards.

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Athletes’ Anti-Doping Rights Act

1.

Equality of opportunity

Athletes have the right to equal opportunity in their pursuit of sport to perform at the highest
level in both training and compe��on, free of par�cipa�on by other athletes who dope, or athlete
support personnel, or other persons or an�-doping organiza�ons that otherwise violate an�-doping rules and requirements. (Code, Interna�onal Standards)

2.

Equitable and fairtesting programs

Athletes have the right to equitable and fair tes�ng programs implemented in a manner thatensures that all athletes in all countries are tested in compliance with the Code and Interna�onal
Standards. (Code, Interna�onal Standard for Tes�ng and Inves�ga�ons, Interna�onal Standard for
Code Compliance by Signatories)

3.

Medical treatment and protectionof health rights

Athletes have the right to be free from any pressure that jeopardizes their health, be that physicalor emo�onal, through doping.
Athletes have the right to obtain a therapeu�c use exemp�on (allowing athletes with a medicalcondi�on to use a prohibited substance or prohibited method) in accordance with the Code andInterna�onal Standard for Therapeu�c Use Exemp�ons. (Code Ar�cle 4.4)

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Athletes’ Anti-Doping Rights Act

4.

Right to justice

Athletes have the right to jus�ce, including the right to be heard, the right to a fair hearing withina reasonable �me by a fair, impar�al and opera�onally independent hearing panel, with a �mely
reasoned decision speciﬁcally including an explana�on of the reasons of the decision.
On appeal, an athlete has a right to a fair, impar�al, opera�onally and ins�tu�onally independent
hearing panel, the right to be represented by counsel at the athlete’s own expense and a �mely,
wri�en, reasoned decision. (Code Ar�cles 8 and 13, Interna�onal Standard for Results Management)

5.

Right to accountability

Athletes have the right that any an�-doping organiza�on that has jurisdic�on over them will be
accountable for its ac�on or omissions through the applicable compliance systems, and an athlete
shall have the ability to report any compliance issue that they believe exists to relevant personnel
or to an an�-doping organiza�on. (Code, Interna�onal Standard for Code Compliance by Signatories)

6.

Whistleblower rights

Athletes have the right to access an anonymous or conﬁden�al mechanism to report any poten�aldoping behavior by athletes, athlete support personnel, and other persons, or any non-compliance by an�-doping organiza�ons.
Athletes have the right to report poten�al an�-doping rule viola�ons or non-compliance througha whistleblower mechanism and not be subjected to threats or in�mida�on designed to discourage them from repor�ng in good faith, and they have the right not to be retaliated against forproviding such evidence or informa�on in good faith. (Code Ar�cle 2.11)

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Athletes’ Anti-Doping Rights Act

7.

Right to education

Athletes have the right to receive an�-doping educa�on and informa�on from an�-doping organiza�ons. (Code Ar�cle 18, Interna�onal Standard for Educa�on)

8.

Right to data protection

Athletes have the right to the fair, lawful, and secure handling of their personal informa�on byan�doping organiza�ons that collect, use and share it, including the right to be kept informed
about its processing, to access a copy of it and to request its dele�on once it no longer serves anan�doping purpose. (Code Ar�cles 5.5 and 14.6 and Interna�onal Standard for the Protec�on ofPrivacy and Personal Informa�on)

9.

Rights to compensation

An athlete has the right to pursue damages from another athlete or other person whose ac�ons
have damaged that athlete by the commission of an an�-doping rule viola�on. The pursuit ofdamages shall be in accordance with any laws or regula�ons in their country outside of the Code.
(Code Comment to Ar�cle 10.10)
Any prize money that has been recovered by an an�-doping organiza�on from a sanc�oned
athlete shall, subject to the reasonable eﬀorts of the an�-doping organiza�on, be redistributed toathletes who would have been en�tled to it had the forfei�ng athlete not competed. (Code Ar�cle10.11)

10.

Protected persons rights

Athletes that are deﬁned as protected persons under the Code shall have further protec�ons
because of their age or lack of legal capacity, including in the assesment of their fault, and mandatory public disclosure shall not be required. (Code Ar�cle 14.3.7)

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Athletes’ Anti-Doping Rights Act

11.

Rights during a sample
collection session

When subject to a sample collec�on session, an athlete has the right to see the iden�ﬁca�on of
the doping control oﬃcer, the right to ask for addi�onal informa�on about the sample collec�onprocess, the right to be informed of the authority under which the sample collec�on is to beconducted, the type of sample collec�on and any condi�ons that need to be adhered to prior to
the sample collec�on, the right to hydrate (unless they have provided a sample that does notmeet the requirement for suitable speciﬁc gravity for analysis), the right to be accompanied by arepresenta�ve, the right to delay repor�ng to the doping control sta�on for valid reasons, theright to be informed of their rights and responsibili�es, the right to document any concerns about
the process, and the right to receive a copy of the records of the sample collec�on session. (Interna�onal Standard for Tes�ng and Inves�ga�ons)

12.

Right to B sample analysis

An athlete has the right, when analysis of their A sample results in an adverse analy�cal ﬁnding,to request analysis of their B sample as provided in the Code and Interna�onal Standards. (CodeAr�cles 2.1.2, 6.7 and 7.2, Interna�onal Standard for Results Management, Interna�onal Standardfor Laboratories)
Where the B sample analysis does not conﬁrm the A sample ﬁnding, the athlete who was provisionally suspended is allowed, where circumstances permit, to par�cipate in subsequent compe��ons during the event, and depending upon the relevant rules of the interna�onal federa�on in ateam sport, if the team is s�ll in compe��on, the athlete may be able to take part in future compe��ons. (Code Ar�cle 7.2 and 7.4.5 and Interna�onal Standard for Results Management)

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Athletes’ Anti-Doping Rights Act

13.

Other rights and freedoms
not affected

An exis�ng right or freedom shall not be held to be abrogated or restricted by reason only that theright or freedom is not included in this Act or is included only in part.

14.

Application and standing

Nothing in this Act shall change in any way the applica�on of the Code or Interna�onal Standards,
or the standing of athletes under those documents.

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Recommended Athlete Rights
The recommended athlete rights in part two do not exist
universally within an�-doping and are not rights under
the Code or Interna�onal Standards. However, they arerights that athletes encourage an�-doping organiza�ons
to adopt and implement within their own organiza�onalstructures to further enhance the ﬁght against doping, theintegrity of the system, and athlete rights within thatsystem.

Athletes’ Anti-Doping Rights Act

15.

Right to an anti-doping system
free from corruption

Athletes should have the right to par�cipate in training and compe��ons that are free fromdoping-related corrup�on or any other form of doping-related manipula�on that could aﬀect theoutcome on the ﬁeld of play or in training.

16.

Right to participate in governanceand decision-making

Athletes should be consulted in the crea�on and modiﬁca�on of the an�-doping rules to which
they must comply, and it is fair and right that athletes shall also have a voice and the right topar�cipate in the governance of any an�-doping organiza�ons that they are subject to.

17.

Right to legal aid

Athletes should have the right to access legal aid for hearings and appeal process in doping cases.

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