Swiss Public Law
Embedding in Federal Constitution
Art. 68 para. 1 of the Federal Constitution of the Swiss Confederation states that “[t]he Confederation shall encourage sport, and in particular education in sport.” Based on this provision, it therefore should also oppose the negative aspects of sport, including doping.
Until 1 October 2012, this article of the Constitution found concrete form in Art. 1 letters h and 11b to 11f of the Federal Act on the Promotion of Gymnastics and Sport (hereafter the Sport Act) and the associated ordinances. Art. 11f of the Sport Act made it illegal to manufacture, import, distribute, sell, prescribe and administer doping substances to third parties and to apply methods to effect any of the above.
Federal Act on the Promotion of Sport and Exercise
The totally revised Sport Act and its associated ordinance were approved on 17 June 2011 by the Federal Assembly and came into force on 1 October 2012. The above-mentioned principle does not appear in the new law in quite the same form: the law enforcement and judicial authorities concerned must now inform the Antidoping Switzerland foundation of any criminal proceedings and decisions which are initiated. This means that the people involved in doping are not only liable to prosecution under criminal and administrative law, but may also be subject to disciplinary proceedings, provided they are subject to the regulations of the World Anti-Doping Programme.
In other words, the basic principle of the legal provisions against doping under public law is still that the possession and consumption of doping substances and the use of doping methods are not criminal offences, and that it is the business of the sports world operating under private law to discipline doped athletes; the state should simply concern itself with measures to limit the environment in which doping can potentially take place.
Federal Law on the information systems of the Federal Government in the Field of Sports
This federal law is the legal foundation for the electronic processing of personal data, including sensitive personal data and personality profiles in the information systems of the Federal Office of Sports and of Antidoping Switzerland. Antidoping Switzerland has realized a Data Processing Policy of its information system on the basis of this law (download below).