The protection of minor athletes in sports investigation proceedings

Abstract

Sports associations have an interest in the maintenance of a level playing field among all participants. Athletes are therefore bound by the same sporting rules. This also applies to minor athletes who compete at the highest level of their sport. The disciplinary autonomy of sports governing bodies enables them to initiate sports investigations against minor athletes alleged of being in violation of sports regulations, including those pertaining to doping and match manipulation. During the investigations, minor athletes may be obliged to attend sports interrogations or grant full access to diverse of personal information and documentary evidence, including mobile phones, emails, SMS and WhatsApp conversations, and health records. However, the vulnerability of young athletes requires sufficient protection of minors and safeguards in sports investigation proceedings. The aim of this article is to examine the legality of internal sports investigation proceedings against minors in respect to doping and manipulation of sports competition matters. In particular, it analyses whether it is legitimate and reasonable to use investigative measures contained in the regulations of sports governing bodies against minor athletes in the light of the principle of proportionality.