Resumo

ATIENZA MACIAS, Elena. The Protection of the Athlete's Fundamental Rights in the Fight Against Doping in Sport: A Review of the Current Situation in the Spanish Legislation. Bol. Mex. Der. Comp. [online]. 2014, vol.47, n.140, pp.417-448. ISSN 2448-4873.

Doping is addressed in this paper from two different scopes: on one hand, the legal regulations for prevention and repression are studied; on the other hand, the clash between the anti-doping control mechanism and a fundamental right such as the athlete's privacy is noted. We start from the irrefutablefact that "awareness against doping" is practically universal. The enactment of this law was a milestone in the history of the fight against doping in the Spanish regulation. However, the problem arises when the anti-doping legislation worldwide and in Spain, which enables some healthcare professionals and other people involved, to carry out several antidoping operations that may conflict with the athlete's fundamental right to privacy, all of this in a context of strong media and social impact. For this reason, it is pertinent to raise the issue if one of these operations, such as the duty of permanent localization, is sufficiently justified in terms of protecting the sportsperson's health.

Palavras-chave : Doping; Health Protection; Antidoping Control; Permanent Localization; Right to Privacy; Data Protection.

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