WADA Publishes Athlete Anti-Doping Rights Governing Prize Money, ID Requests

The World Anti-Doping Agency (WADA) has published athlete anti-doping rights, which include the redistribution of prize money after a failed doping test, and the rights of athletes to see identification from doping control officers.

The Athletes’ Anti-Doping Rights Act includes 14 specific categories of athlete rights that are guaranteed by the WADA Anti-Doping Code and related international standards. The list also includes three more categories of rights that are not universally mandated under the WADA Code, but that athletes encourage individual anti-doping organizations to adopt.

The Act is based on WADA’s 2021 Anti-Doping Code, which goes into effect on January 1, 2021. WADA says the list of rights were “developed by athletes, for athletes” and approved by WADA’s Executive Committee in November of 2019.

Here are two of the most notable of the 14 athlete rights:

Rights During a Sample Collection Session

Athletes have a right to see identification from doping control officers, the WADA Act says. Athletes have the right to know the authority behind the sample collection – for example, if the test was ordered through FINA (the world swimming governing body), WADA, or a national anti-doping agency like USADA.

Doping control officer identification was a key sticking point in the high-profile Sun Yang case, in which Chinese distance swimmer Sun challenged the identification and credentials of doping control agents in a September 2018 test. Sun was originally cleared by a FINA anti-doping panel, but the Court of Arbitration for Sport reversed course and handed Sun an 8-year ban earlier this year.

This specific WADA athlete right, though, would not appear to affect the CAS decision, which was based on Sun destroying a blood sample, not on his request for or challenging of the doping control officers’ identifications and credentials.

Other athlete rights during a sample collection, according to the WADA Act:

• Right to see identification from the doping control officer
• Right to ask for additional information about the sample collection process
• Right to be informed of the authority ordering the test
• Right to be informed of the type of sample collection (urine, blood, etc) and the conditions that need to be adhered to prior to the sample collection
• Right to hydrate (unless they’ve already provided a sample that was too diluted)
• Right to be accompanied by a representative
• Right to “delay reporting to the doping control station for valid reasons”
• Right to be informed of their rights and responsibilities
• Right to document any concerns about the process
• Right to receive a copy of the records of the sample collection session.

Right to Compensation

Athletes have the right to “pursue damages from another athlete or other person whose actions have damaged that athlete by the commission of an anti-doping rule violation.” In theory, that means an athlete could potentially file legal charges against another athlete who failed a doping test – though that process would depend on the laws of a specific country.

The ‘right to compensation’ also mandates that when an anti-doping organization strips an athlete of prize money as a result of a failed doping test, the organization should work to redistribute that money to athletes who “would have been entitled to it had the forfeiting athlete not competed.”

The full list of athlete rights

Here is the full list of athlete rights, which you can also view in the WADA document by following this link.

1. Equality of opportunity
2. Equitable and fair testing programs
3. Medical treatment and protection of health rights
   1. This includes the right to apply for therapeutic use exemptions (TUEs) that allow prohibited substances for athletes with a documented medical condition.
4. Right to justice
5. Right to accountability
6. Whistleblower rights
7. Right to education
8. Right to data protection
9. Rights to compensation
10. Protected persons rights
11. Rights during a sample collection session
12. Right to B sample analysis
13. “Other rights and freedoms not affected”
14. Application and standing

“Recommended” athlete rights:

1. Right to an anti-doping system free from corruption
2. Right to participate in governance and decision-making
3. Right to legal aid