آیین رسیدگی دوپینگ در دیوان داوری ورزش و تاثیر آن بر سلامت ورزش

زمینه و هدف: قهرمانی های ورزشی در حالی که موجبات پول، شهرت و محبوبیت را فراهم می کنند، جایگاه بروز انواع خطرها، از جمله دوپینگ و محرومیت های طولانی از ورزش نیز می باشد. بنابراین هدف مطالعه بررسی آیین رسیدگی دوپینگ در دیوان داوری ورزش و تاثیر آن بر سلامت ورزش ناشی از عملیات ورزشی در سطح بین المللی انجام گرفت. روش کار: ﺩﺭ ﺍﻳﻦ ﻣﻄﺎﻟﻌﻪ ﺑﺎ ﺭﻭﻳﻜﺮﺩ ﺗﺤﻠﻴﻞ ﻣﻮﺭﺩﻱ ﺑﻪ ﺭﻭﻳﻪﻫﺎﻱ ﺩﻳﻮﺍﻥ ﺩﺍﻭﺭﻱ ﻭﺭﺯﺵ ﺩﺭ ﻣﻘﺎﺑﻠﻪ ﺑﺎ ﺩﻭﭘﻴﻨﮓ ﺩﺭ ﻭﺭﺯﺵ ﭘﺮﺩﺍﺧﺘﻪ شد. ﻣﻮﺭﺩ ﻣﻄﺎﻟﻌﻪ ﺑﺮﺧﻲ ﺍﺯ ﺁﺭﺍﻱ ﺩﻳﻮﺍﻥ ﺩﺭ ﭘﺮﻭﻧﺪﻩﻫﺎﻱ ﻣﺮﺑﻮﻁ ﺑﻪ ﺩﻭﭘﻴﻨﮓ ﻭ ﺳﺎﺯ ﻭ ﻛﺎﺭﻫﺎﻱ ﺗﺄﺳﻴﺲ ﻭ ﺍﻗﺪﺍﻡ آن بود. یافته‌ها: ﺩﺭ ﻣﺴﺎﺑﻘﺎﺕ ﺍﻟﻤﭙﻴﻚ ﻭﻛﻼﻱ ﺩﺍﻭﻃﻠﺐ ﻭ ﺑﺎ ﺻﻼﺣﻴﺖ ﺑﻪ ﺻﻮﺭﺕ ﺭﺍﻳﮕﺎﻥ ﺩﺭ ﺩﺍﺩﺭﺳﻲﻫﺎ ﺷﺮﻛﺖ ﻣﻲﻛﻨﻨﺪ. ﻧﻈﺎﻡ ﺣﻘﻮﻗﻲ ﺩﻳﻮﺍﻥ ﺩﺍﻭﺭﻱ ﻭﺭﺯﺵ ﺑﻪ ﻣﻨﻈﻮﺭ ﺍﻳﺠﺎﺩ ﻳﻚ ﻣﺤﻴﻂ ﻣﻨﺎﺳﺐ ﻭ ﻣﻄﻤﺌﻦ ﺑﺮﺍﻱ ﺣﻞ ﻭ ﻓﺼﻞ ﺍﺧﺘﻼﻑﻫﺎﻱ ﻭﺭﺯﺷﻲ ﺑﻪ ﺻﻮﺭﺕ ﻣﺴﺘﻘﻞ ﻭ ﺑﻲﻃﺮﻓﺎﻧﻪ ﺗﺸﻜﻴﻞ ﺷﺪﻩ ﺍﺳﺖ. نتیجه‌گیری: دیوان داوری ورزش در حوزه حقوق بین الملل ورزش، با رویه قضایی خویش و توسل به برخی اصول و هنجارهای مشترک، نشان داده است که در راستای روند جهانی شدن و در تلاش برای تثبیت برخی اصول مشترک به عنوان یک مرجع داوری در مقوله حقوق بین الملل ورزش تاثیرگذار و موفق بوده است. رویه دیوان در رای صادره در پرونده های دوپینگ ورزشکاران موید این امر است.

doping procedure in cas and its effect on sports health

background & aims: globalization does not know the subject; in the same way that it goes beyond borders and cultures and it brings people closer to each other. such a process by accepting the divergence of national laws in its own way, pluralism is considered a subject of international law. doping is a term used to describe prohibited procedures in sports in relation to substances and methods used with the aim of improving sports performance. doping as a concept in sports is relatively new. sport as an organized activity is governed by rules that are accepted by the people who participate in this activity. any activity that does not take place under an agreed set of rules is not considered sport. these rules define the desired sport or game and specify the boundaries of the playing field. determine the rating; they describe the equipment that can be used in this sport; they announce the penalties for violating these rules, and in short, these rules provide players with everything they need to know for the said sport. from the middle of the 20th century, serious attention was paid to the growing use of energy-enhancing substances in sports. for international sports federations, they established rules to prohibit the use of some substances. although the international olympic committee had no executive role in the management of sports at the international level except for the olympic games, which are held only for two weeks every four years, they expressed concern about this issue. these concerns were heightened by the problems that followed the death of a danish cyclist on the road during the 1960 rome olympics. the world anti-doping agency undertook the task of analyzing all existing anti-doping rules and developing a consensus towards a single set of rules applicable to all sports, athletes and countries. this meeting was achieved in march 2003 during the second world conference on doping in sports under the title of world anti-doping rules. of course, the governments were slow to approve this set of regulations. they sought to negotiate and approve an international convention within the framework of unesco, which was approved by 191 countries at the 33rd session of the unesco general conference on october 19, 2005. this convention entered into force in february 2007. this convention stipulates that the member states should base their work on the global anti-doping regulations document to combat doping in sports. therefore, for the first time in the history of sports authorities and public authorities who dealt with the issue of doping in sports, a single set of rules was voted on. however, it should not be forgotten that the document of the set of global anti-doping regulations could not be implemented globally because many professional sports leagues and organizations outside the olympic area refused to accept it and faced the issue of doping through their capacities. the official text of the world anti-doping rulebook is kept by the world anti-doping agency and is published in english and french. according to the first paragraph of article 24, if there is a conflict between the english and french versions, the english version is preferable. according to the third paragraph of the same article, the said text should be interpreted as an independent text without reference to the laws of any of the member states. the sixth paragraph of article 24 states that the purpose, territory and organization of the world anti-doping program and the document of the world anti-doping regulations and related definitions should be considered as an integral part of the said document. of course, any of the signatories of the document of the world anti-doping regulations, based on the seventh paragraph of article 23, can withdraw from this document after six months have passed from their written notification to the world anti-doping agency.