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3. Human rights horizontally and reasonably

Creator:
Hamerník, Pavel
Type:
article, model:article, and TEXT
Subject:
horizontality, non-state actors, human rights, European Convention on Human Rights, U.S. Supreme Court, Switzerland, Swiss Federal Tribunal, sport, doping, entertainment, and boycott
Language:
English
Description:
The application of human rights in horizontal direction between non state actors has been debated issue. Allowing breach of human rights by non state actors only because they are not the state does not seem to be sustainable in the future. The article first presents style of application of human rights indirectly in front of European Court of Human Rights and the U.S. Supreme Court and comes to example of direct application model in Switzerland, citing also alternatives how human rights could be treated with reference to recognized authors in the field. Besides some established precedents, new wave cases are present in the legal environment of sports or entertainment sectors to be viewed as the challenge for the continuing discussion in this area of law.
Rights:
http://creativecommons.org/publicdomain/mark/1.0/ and policy:public

4. On the specifics of doping regulation in sport

Creator:
Hamerník, Pavel
Type:
article, model:article, and TEXT
Subject:
doping, strict liability, WADA, Council of Europe, and UNESCO
Language:
English
Description:
The sports sector has been fighting doping globally by harmonized rules in The World Anti-Doping Agency’s Code by strict liability. According to the Code it is each athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for any prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an antidoping violation. The article written for TLQ legal journal demonstrates how special regulation of doping is in the light of case of Jan Štěrba, bronze medalist of London 2012 Games. He was lucky that he escaped standard sanction of ineligibility and was punished only with reprimand for violation of Anti-Doping rules. The article at the same time presents additionally efforts of fight against doping by international cooperation among states by Council of Europe or UNESCO to enhance illustration how special doping regulation is. There is no doubt that this area of sports law will be still evolving due to many difficult and controversial aspects of it.
Rights:
http://creativecommons.org/publicdomain/mark/1.0/ and policy:public