Exploring the Regulation of Genetic Testing in Sport

Abstract

This article investigates the legal implications of the use of genetic testing in sport, that is, the analysis of human DNA to detect particular genetic traits and variations, or susceptibility to conditions. As science makes significant strides in the understanding of our genetic information, the search for the genetic components which separate winners and losers in sport follows. Although the practice of genetic testing in sport is not currently commonplace, there are some examples of genetic information being used by sports clubs and governing bodies to make decisions about an athlete’s capability to perform. This article examines how this practice could disproportionately interfere with an individual’s human rights and result in genetic discrimination if information is used for selection and employment purposes. It reviews some of the hard and soft law measures that regulate genetic testing at an international, regional and domestic level. The position of sport within this regulatory framework is uncertain, given the unique way in which sports regulation functions and interacts with the law. Nevertheless, the article concludes that the tendency of the law to treat discrimination in sport differently to other areas of society could leave athletes vulnerable. Whilst genetic information may be useful for understanding genetic traits and their relationship with athletic performance, going beyond this to select athletes on the basis of genetics is discouraged and the interests of sport should be fairly balanced against the human rights of the athlete.