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Beyond Consent? Paternalism and Pediatric Doping

Michael McNamee Orcid Logo

Journal of the Philosphy of Sport, Volume: 36, Issue: 2, Pages: 111 - 126

Swansea University Author: Michael McNamee Orcid Logo

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DOI (Published version): 10.1080/00948705.2009.9714751

Abstract

In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I fir...

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Published in: Journal of the Philosphy of Sport
ISSN: 0094-8705 1543-2939
Published: Champaign: IL Human Kinetics 2009
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URI: https://cronfa.swan.ac.uk/Record/cronfa8983
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spelling 2016-08-15T09:05:06.5373987 v2 8983 2013-09-03 Beyond Consent? Paternalism and Pediatric Doping 85b0b1623e55d977378622a6aab7ee6e 0000-0002-5857-909X Michael McNamee Michael McNamee true false 2013-09-03 STSC In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I first discuss issues of vulnerability and exploitation of adolescent athletes that might underwrite a soft paternalistic response. I go on to argue that the harms attendant to doping, as opposed to the regulated use of the medical profession to prescribe oral contraceptives, are of a potentially greater magnitude to the successful adolescent patient/sportsperson themselves in contrast to therelatively well known risks of contraception. I also argue that the complexity of the weighing of potential harms and benefits are such that informed consent cannot be reached by adolescents. Moreover, given the public prominence of the WADA antidoping legislation, and the general public support for them, there will necessarily be a lack of transparency in the potential consent process, which undermines any audit for the accountability of the consent process. I conclude that Gillick competence ought not, therefore, to be viewed as a precedent for pediatric or adolescent consent to doping and that the “weak” or “soft” paternalistic prevention of doping is justified. Journal Article Journal of the Philosphy of Sport 36 2 111 126 Human Kinetics Champaign: IL 0094-8705 1543-2939 consent, pediatric doping, sport 31 12 2009 2009-12-31 10.1080/00948705.2009.9714751 This essay was first presented as the Distinguished Scholar award of the International Association for the Philosophy of Sport. It argues against liberalising anti doping policy and is novel in that it focuses on pedatric populations. The essay combines empirical data with ethical reflections to justify a paternalistic policy. COLLEGE NANME Sport and Exercise Sciences COLLEGE CODE STSC Swansea University 2016-08-15T09:05:06.5373987 2013-09-03T06:22:03.0000000 Faculty of Science and Engineering School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences Michael McNamee 0000-0002-5857-909X 1
title Beyond Consent? Paternalism and Pediatric Doping
spellingShingle Beyond Consent? Paternalism and Pediatric Doping
Michael McNamee
title_short Beyond Consent? Paternalism and Pediatric Doping
title_full Beyond Consent? Paternalism and Pediatric Doping
title_fullStr Beyond Consent? Paternalism and Pediatric Doping
title_full_unstemmed Beyond Consent? Paternalism and Pediatric Doping
title_sort Beyond Consent? Paternalism and Pediatric Doping
author_id_str_mv 85b0b1623e55d977378622a6aab7ee6e
author_id_fullname_str_mv 85b0b1623e55d977378622a6aab7ee6e_***_Michael McNamee
author Michael McNamee
author2 Michael McNamee
format Journal article
container_title Journal of the Philosphy of Sport
container_volume 36
container_issue 2
container_start_page 111
publishDate 2009
institution Swansea University
issn 0094-8705
1543-2939
doi_str_mv 10.1080/00948705.2009.9714751
publisher Human Kinetics
college_str Faculty of Science and Engineering
hierarchytype
hierarchy_top_id facultyofscienceandengineering
hierarchy_top_title Faculty of Science and Engineering
hierarchy_parent_id facultyofscienceandengineering
hierarchy_parent_title Faculty of Science and Engineering
department_str School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences{{{_:::_}}}Faculty of Science and Engineering{{{_:::_}}}School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences
document_store_str 0
active_str 0
description In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I first discuss issues of vulnerability and exploitation of adolescent athletes that might underwrite a soft paternalistic response. I go on to argue that the harms attendant to doping, as opposed to the regulated use of the medical profession to prescribe oral contraceptives, are of a potentially greater magnitude to the successful adolescent patient/sportsperson themselves in contrast to therelatively well known risks of contraception. I also argue that the complexity of the weighing of potential harms and benefits are such that informed consent cannot be reached by adolescents. Moreover, given the public prominence of the WADA antidoping legislation, and the general public support for them, there will necessarily be a lack of transparency in the potential consent process, which undermines any audit for the accountability of the consent process. I conclude that Gillick competence ought not, therefore, to be viewed as a precedent for pediatric or adolescent consent to doping and that the “weak” or “soft” paternalistic prevention of doping is justified.
published_date 2009-12-31T03:10:50Z
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score 11.016235

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