Marcus Campos

The recent alleged doping case of the figure skater Kamila Valieva at the Winter Olympic Games in Beijing 2022 dramatically raised the issue of the protection of minors in anti-doping policy. We firstly present the literature on doping in relation to minors. Secondly, we present WADA’s Protected Person (PP) concept and its implications. Thirdly, we analyse the WADA Code’s purpose and the vulnerability of minors under the Code, and fourthly, we identify the real threats from which minors should be protected by analysing the ineffective PP concept, and showing how it cannot be a real protection. We explain how preventing one threat can generate another, thus converting minor athletes from victims into suspects. We conclude by stressing the necessity for further research, and we indicate our future research direction, towards the development of a much wider concept of protection, and its application into sporting contexts.

After two years of discussions and revisions, the World Anti-Doping Agency (WADA) published the 2021 World Anti-Doping Code on June 16, 2020. Among the most significant additions to this iteration of the Code was the inclusion of new categories of athletes subject to differential treatment by WADA, including the “protected person” category. In this paper, we examine the recent case of figure skater Kamila Valeryevna Valieva, the first athlete given differential treatment due to her being categorized as a “protected person.” We apply a relational justice framework to the case to provide a nuanced, descriptive analysis of the case generally, and the application of the “protected person” category in particular.We first describe details of the athlete, her performances and anti-doping rule violation, and the “protected person” category, to provide context. We then describe and analyze the relations between several institutional actors, principally WADA and the International Court for the Arbitration of Sport (CAS), the athlete and her team, and other figure skating athletes at the Beijing Winter Olympic Games. To do so, we use two concepts of justice, conservative and ideal, and their component parts, entitlement, desert, and need.Our description and analyses demonstrate that (1) WADA’s notions of justice are essentially conservative, while CAS acted toward more ideal notions, creating a fundamental disagreement in what was owed and to whom. We show (2) that CAS’ decision may have nonetheless caused harm to the athlete, raising questions about the efficacy and capability of the “protected person” category. Finally, (3) our analyses show the influence that notions of justice necessarily have these actors shape each other, thus change the sporting institutions and activities themselves.