Before leaving the subject of New Zealand and the World doping rules, we need to consider the future. Many commentators have written about the terrible consequences of systematic doping programmes in sport. But what should we do? Well, reform ranges from major steps that can only be taken by world organisations such as the IOC and WADA down to small steps that make a difference inside New Zealand.
Small steps matter. They can lead to major reform. Emily Pankhurst chained herself to the Westminster fence and eventually women got the vote. Rosa Parks sat in the Whites Only seats on a bus and eventually equal rights law reform followed. Is there something we can do to initiate the reform of sport’s doping rules?
You see the case of the Russian 15 year old ice skater, Kamila Valieva who tested positive for the banned heart drug, trimetazidine, and was cleared to continue competing by the Court of Arbitration for Sport (CAS), came as a surprise to me and, I suspect the Board of Swimming New Zealand. The Court gave her a favourable decision in part because she is under 16, known in Olympic jargon as a “protected person,” and is subject to different rules from an adult athlete.
What that means is every time anyone enters a swimming race, they agree to the meet condition that says, “All participants must agree to comply with the Sports Anti-Doping Rules.” We now know that one of those rules has now been interpreted by sport’s highest court as meaning swimmers under 16 can be doped to their eyebrows and the court will let them off. There will be no sanction. Doping the young has the stamp of legal approval.
Every swimmer entering a meet is accepting that doping the young is fine by them. For example, Eyad accepted the rule when I entered him in the Hamilton Championships next week. And I know for certain he does not accept that swimmers under 16 should be doped and get away with it. Every club that includes the doping clause in their meet flyer is promoting a rule that allows doped swimmers to enter their meet as long as they are under 16. But I don’t think Mrs. McCaskill-Day had that in mind when she sent out the Waikato Championship’s flyer.
But that is what the precedent set by the World Court for Sport this week means. It is ridiculous, but true. It would not be the first time the law has been called an ass. That does not make it any the less dangerous.
This threat to clean sport needs to be taken seriously. How to address the problem is way above my legal knowledge. But Swimming New Zealand has a good lawyer. I would strongly recommend he is asked to find a solution to the precedent set by the World Court for Sport. It is a wrong that needs to be put right.
I know Swimming New Zealand do not want to be included in a group that endorses doping young swimmers. The opportunity is there to lead the world in correcting the disastrous error made by some legal nutters in Switzerland.
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