Prevalence for evidence-based doping regulation—A lawyer’s perspective

• Published in: Performance enhancement & health (Oxford) 2020-08, Vol.8 (2-3), p.100167, Article 100167
• Main Author: Viret, Marjolaine
• Format: Article
• Language: English
• Subjects: Doping prevalence; Evidence; Evidence-based policy; Proof; World anti-doping code
• ISSN: 2211-2669; 2211-2669
• DOI: 10.1016/j.peh.2020.100167

While claims that more – and better – data on the prevalence of doping is needed to monitor anti-doping programs are not new, there has been little discussion on the topic among sports lawyers. No in-depth attempts have been made to apply legal skills in refining the concept of ‘doping prevalence’ and in analysing what the related data can bring to doping regulation, or how it can assist in its enforcement. The paucity of input from legal circles is regrettable, since prevalence data has clear relevance for designing anti-doping programs, the proof regime that supports sanctioning in the World Anti-Doping Code, or the evidence for enforcing the rules in individual cases. Starting from the current status of prevalence in the regulatory framework, the article explores how lawyers can assist in maximising the relevance of prevalence studies for the policy and regulatory framework. It contributes a legal perspective about the value of prevalence and makes proposals for designing prevalence studies in social sciences tailored to the needs of anti-doping organisations. The author argues that, in spite of the challenges involved, there is value in prevalence data being incorporated into regulatory and judicial thinking, in order to strengthen the evidence basis of the system.