A version of this article was printed in Humanism Ireland, March-April, Vol. 145 (2014)
Should we legalise performance-enhancing drugs in sport?
In July this year, American Tyson Gay and Jamaican
Asafa Powell (the second and fourth fastest men of all time over 100 meters
respectively) tested positive for banned substances. Other athletes, such as Jamaican sprinter
Sherone Simpson and 31 Turkish athletes also failed drugs tests just prior to
the Moscow World
Championships in August. Further recent drug
scandals include the conviction of the sports-doping doctor Eufemiano
Fuentes, who claims to be associated with
top Spanish football league clubs, a long list of professional cyclists, tennis
players, and past London marathon winners. The ruling of the Spanish court to destroy
evidence from the Fuentes trial, however, means
that we may never ascertain who was involved with his clinic. Over the past few
decades, there have been several doping scandals involving house-hold names: Ben
Johnson and Marion Jones (athletics), Lance Armstrong (cycling), Barry Bonds
(baseball), and Diego Maradona (football).
Ever since the day Canadian
sprinter Ben Johnson demolished his opponents and the 100 meters world record—stopping
the clock at an incredible 9.79 second—at the 1988 Seoul Olympics, sports like athletics,
cycling and swimming have repeatedly grappled with two concerns: one against
the dopers, who many consider are always one step ahead of the science of drug
testing, and the other against an ascending public cynicism towards illegal
enhancements in elite sports.
To validate this unease, a critical report was released earlier this year, that focused
attention on failures within all parts of the anti-doping system, that includes
a lack of independence among national anti-doping organisations, doping
officers being bribed, harassed and, in some cases, threatened. Dick Pound, the
former president of the World Anti-Doping Agency (Wada) who presided over the
working group, said the report raises tough questions for all. The extensive
use of drugs in sport, he said, has made him question "everything I see.” Werner Franke, a leading expert on
performance-enhancing drugs, seems to share Pound’s feelings: he
reminded us, just before the London Games, that
half of the men’s 100 meters finalists from the previous two Olympics were subsequently
reported to have been involved with banned substances.
In spite of this, Wada and other sporting bodies
continually evoke a code of zero-tolerance against drugs. Just prior to the
World Championships, the International Association of Athletics Federations
(IAAF), for instance, declared their “firm commitment to have tougher penalties,” by announcing plans to return to four-year bans, as
opposed to the current two-years, for offenders from 2015. Former athletes also
have endorsed tougher penalties: Sebastian Coe, a two-time Olympic gold
medallist and current chairman of the British Olympic Association, supports the IAAF’s additional two-year ban; and
former Olympic 100 meters champion Donovan Bailey went even further by suggesting that life bans for cheats should be considered.
***
So, is a policy of zero-tolerance
the best way to tackle the apparent widespread use of drugs in elite sport?
Some believe Wada and others are fighting a losing battle—analogous, in many
ways, to current western governments pointless “war on drugs” or the introduction
of alcohol prohibition in the United States during the 1920s and early 1930s.
Along these lines, there’s a list of reasons why the war on doping in sport is also failing.
Firstly, the pay-offs, in terms of money and glory,
for athletes is too much and some will always be tempted by drugs to confer an
added benefit. Secondly, new drugs are always being developed and many will be
very difficult to detect: growth
hormone, blood doping and, in the future, gene doping. As gene enhancement
becomes more effective, it’s likely to be something that competitors will
consider using and detection will be difficult—it would not require blood or
urine samples, but unsafe muscle biopsies.
These considerations strongly suggest that current policies are not capable of being achieved and, in consequence, are
unavailing.
In Plato’s Republic, Glaucon wants
us to imagine what would happen to someone who had a mythical gold ring that
makes her invisible at will. He maintained that we behave well only because
we’re not invisible; we’re only virtuous because we fear the consequences of
getting caught—in particular, the damage to our reputation. However, if we had
the opportunity to wear the mythical gold ring and have one’s
identity concealed, the temptation might be too much to resist. Glaucon’s conviction was revealed in a small 1995 survey of US Olympic athletes, where over 98 percent of participants
said they would take banned substances if it were guaranteed they would win and
not get caught. Although the survey is too
small in scale to declare decisively that most athletes would cheat if they got
the chance, many studies in social psychology nonetheless give us strong
grounds to suspect that people are often more concerned about looking good than
really being good.
A further reason to criticise current anti-doping
policies is on account of the rules being confused, contradictory, and grounded
on false assumptions. One of the reasons given for banning certain substances is
due to the fact that it gives athletes an unfair advantage over competitors. If
so, then perhaps it should be available to all competitors; if everyone has
access, then no one is disadvantaged.
It might be said that doping goes against the
integrity of sport, since athletes on drugs will not just be applying their
natural ability anymore; what we will see, by contrast, is competition between different
pharmaceutical manufacturers. But this explanation
isn't altogether satisfactory either. Nobody really thinks elite athletes
nowadays just rely on natural ability. There are, of course, intricate
combinations of economic, social, political, environmental and technological
factors that can determine—directly or indirectly—an individual’s or team’s
outcome. Athletes have a much better chance of success, for instance, if the
country they come from has better coaches, training facilities, climate, and so
on, than someone from a place where these benefits are unavailable.
There are several different ways to gain an advantage
over competitors and it’s difficult to see how a professional athlete could
succeed without them. This is how Norman Fost, a professor of paediatrics and
bioethics, expressed his astonishment to the frequent contradictory convictions
of those who are vehemently anti-drugs: “It is remarkable how people brag about
manifestly unfair advantages, such as better training facilities, greasy
swimsuits, or even superior coaches, and then express outrage about a drug that
is generally available to anyone who wants it.” If we really believe the integrity of sport
would be damaged by enhancement aids, Fost argues, then we should also consider
banning coaching and training.
To see how arbitrary anti-doping rules are, consider
the example of producing more red blood cells and haemoglobin in the body, so as to
carry more oxygen to muscles—this is something endurance athletes find advantageous.
There are a number ways to achieve this. Firstly, high altitude training can allow the
body to adapt to the relative undersupply of oxygen, thus increasing the mass
of red blood cells in the body and altering muscle metabolism. For many it’s
not always possible to train at the top of a mountain. For this reason, several
athletes use hypoxic tents—or altitude tents—instead to artificially simulate the effects of living at high altitude. Thirdly, erythropoietin (EPO), a natural
hormone that stimulates red blood production, can be injected into the body for
the same effect. The fourth option is blood doping, where blood is extracted from
the body, preserved and inserted again after the athlete’s blood has come back
to its normal level. According to Wada, the first two options are perfectly
legal, but the final two are not.
Hypoxic tents are deemed legal because there isn't any
significant difference between them and high altitude training. If hypoxic tents were to be banned, the argument deducts, we would also have to ban
altitude training. Yet, if we follow this line of reasoning, it seems the same
thing could be said about EPO and blood doping. The desired outcome, essentially, is
the same with all. There doesn't appear to be any difference between elevating
your blood count by means of altitude training, a hypoxic tent, EPO, or blood
doping, only that the rules say the last two methods are illegal. Wada
might say in response that hypoxic tents don’t give the same degree of stimulus
as EPO. If this is the case, it could equally be an argument for regulating EPO
dosages, instead of banning it completely. I will discuss this point in more detail below.
It’s often said that drugs are a shortcut to success
and that an athlete wouldn't really earn his achievement by taking drugs. This
is a misunderstanding of how performance-enhancing substances work. Athletes
take drugs because it allows them to train harder and to recover from injuries much
faster. Without the hard training, drugs alone will bring no success. American
professional cyclist Tyler Hamilton conveyed it like this in his 2012 book, The Secret Race: “EPO granted the ability to suffer
more; to push yourself farther and harder than you’d ever imagined, in both
training and racing. It rewarded precisely what I was good at: having a great
work ethic, pushing myself to the limit and past it.” Similarly, a hypoxic tent or custom-made
shoes, by itself, wouldn't be enough to win; even with the developed edge, an
athlete still has to train hard in order to flourish.
***
The Australian
bioethics professor Julian
Savulescu believes that current anti-doping
legislation has proved to be expensive, unpoliceable and futile, and in its
place he has offered a radical solution. In a 2004 paper, published in the British
Journal of Sports Medicine, Savulescu and two others first suggested that we should give up
the ban on enhancing drugs, and let athletes take whatever they want, on the
condition that it's safe for them to do so. This
would require testing for health rather than drugs. According to Savulescu et al., “what
matters is health and fitness to compete. Rather than testing for drugs, we
should focus more on health and fitness to compete.” Quite consistently, the view holds that if health is
screened, it doesn't matter how enhancement is achieved. Based on Savulescu’s suggestion, there
seems to be a number of advantages with this approach.
If testing is done to monitor health and fitness rather
that drugs, it should make things safer for athletes. At the moment, banned
substances are traded underground—sometime by agents of international organised
crime—and athletes that self-medicate may use higher quantities than what is
safe. If enhancing drugs were permitted, however, it would be easier for
athletes to obtain satisfactory medical advice and there would also be greater
demand to develop safer drugs. Moreover, instead of investing several million
dollars on drug detection, it would be better to devote resources to those
substances that are harmful to athletes’ health, instead of wasting funds on those that don’t cause harm.
Fost and Savulescu both claim that the risks of performance-enhancing
drugs have been vastly overstated and that there is no strong evidence to suggest serious
health effects for many substances—nandrolone, for instance, can be taken safely
in small dosages. Furthermore, the
International Cycling Union allows athletes to have a packed cell volume (PCV)
no greater than 0.5. Anything above that level can lead to health problems,
like the risk of a stroke. If EPO is taken in a quantity that doesn't cause
adverse health effects (under 0.5), it is difficult to find a convincing reason
to ban it. If one’s PCV is higher than
0.5 due to high altitude training, on the other hand, he should not be allowed
compete. To put it another way, the issue is the PVC safety level, not whether
its source is natural or artificial. Substances like anabolic steroids, of
course, may be dangerous in themselves, but, as Savulescu argues, we should
concentrate on banning them because they are harmful not because they improve
performance.
Some might object to this situation because they see it as
unfair to honest athletes, namely, by forcing them to take drugs that might have health
risks, despite what best medical practice considers safe. This is a legitimate
concern, as no drug in the world has zero risk. At the same time, nearly
everything we do has some degree of risk involved; drinking too much water, for example, can
also be harmful. Professional sport, in particular, contains a high degree of
risk—like American football, rugby and motor sport—and indeed they can be
much greater than doping. If we think drugs are bad for sports because they threaten
the welfare of athletes, the same argument, it seems, could be invoked to ban
some sports as well. We may just have to accept that sports contests, like
doping, also pose a degree of risk to participants.
By allowing
athletes to take safe enhancing drugs may also result in fairer competition. It
will allow genetically less gifted athletes to compete against more naturally gifted
ones who just happened to be dealt a better genetic hand. If we think it’s
unfair that someone can take drugs to narrow the genetic gap between himself
and Usain Bolt, why is this any different than narrowing the gap by way of a
better coach or a healthier diet? As far as I know, nobody called for Tiger
Woods to be banned from golf after he received eye laser surgery to enhance his
vision and performance. Safe enhancing drugs may also reward athletes from
lower socioeconomic backgrounds. Only rich athletes can afford to train at high altitude or buy a hypoxic tent; EPO is much more affordable and, if
legal, would allow poorer athletes the same benefits as everyone else. In this
way, rather than making things more unfair, performance-enhancing drugs
actually level the playing field. With safe legal drugs, we must still assume
that some athletes would still try to gain an advantage by taking excessive dosages that are harmful. Nevertheless by permitting safe drugs, we narrow the gap
between the honest athletes and the cheats.
I don’t believe there’s anything proposed here to suggest that
performance-enhancing drugs would radically damage the integrity of sport and result in fans losing interest. In 2002 the French philosopher Robert
Redeker expressed concern about the way sports like cycling are becoming steadily
more like video games. Of course, enhancement already exists in sport and
several have changed drastically over the decades: superior training techniques, starting
blocks, superfast Mondo track surfaces, and sophisticated running spikes have
all contributed to sprinters recording much faster times. After Mo Farrah won
two gold medals at the London Olympics, nobody thought his achievement was tarnished by revelations of him sleeping inside an hypoxic tent beforehand, and
it certainly didn't diminish the level of public interest he received either. The
introduction of fibreglass poles has allowed pole vaulters to reach much greater
heights than before, and it certainly hasn't damaged the integrity or public interest
of the event. There are some things that
would endanger the integrity of sport: replacing manual racing boats with motor boats, for
instance, would obviously be something that would go against the integrity of
rowing. Whereas a substance that grants swift
recovery from training, or from injury, would not hamper the integrity of sport. Performance-enhancing substances do not turn athletes into robots, they just simulate natural processes.
Ever since the time of the Ancient Olympics, the virtue of sport has been more that just a demonstration of inborn physical ability: creativity, innovation and skill have always been synonymous
with sporting excellence. By virtue of these qualities, athletes and coaches
have forever given thought to different ways to boost performance; using drugs for
improvement is not really any difference than other means. Past high profile
drug scandals, along with highly probable future ones, has the potential to
seriously damage the reputation of sport. Zero-tolerance on doping is likely to
fail and thus further jeopardize the future integrity of sport. Perhaps it’s time to challenge the dogma of anti-doping and, in its place, consider the feasibility of implementing a fair enforceable policy that centres on the health and fitness of athletes.
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