Private Law

The role of the Antidoping Switzerland foundation

The bases in private law of the Swiss campaign against doping are provided by norms issued by a range of sports bodies. These are principally associations and foundations (as defined by the Swiss Civil Code). 

The World Anti-Doping Agency (WADA) issues the World Anti-Doping Programme (WADP), which primarily combines the Code and the international standards. Swiss Olympic and Antidoping Switzerland have a contractual obligation towards WADA to implement the WADP in Switzerland.

The Swiss Olympic delegates meeting, known as the sports parliament, issues the Doping Statute, which describes how the Code is to be implemented. Article 2 of the statute defines in detail offences against anti-doping provisions; unlike the Federal Act on the Promotion of Sport and Exercise, the Doping Statute places an emphasis on sanctioning athletes who dope, rather than on their entourage (although the latter still falls under the Statute’s scope of application). Article 10 of the Statute sets out the sanctions that apply to the offences set out in Article 2.

Antidoping Switzerland issues the Regulatory Statutes to the Doping Statute; these set out how the international standards on Therapeutic Use Exemptions should be applied and how Testing and Investigations should be carried out. Antidoping Switzerland also publishes a list of prohibited substances each year. This accords with the international list standard.

The Doping Statute and associated Regulatory Statutes are binding for all the federations and associations affiliated to Swiss Olympic and their athletes.

The role of international federations

The WADP is implemented by the international federations. The standards of the international federations, just like the Doping Statute and the associated Regulatory Statutes, are binding for the national associations and federations and their athletes. They take precedence over the Statute and Regulatory Statutes in the case of discrepancies.