Memorandum from Dr Andy Miah[5],
University of Paisley
Since the early 1900s, sports governing bodies
have developed guidelines for the use of enhancement technologies.
Typically, this has taken the form of an interest to avoid the
"abuse" of medical substances and procedures, though
the sports community is also particularly keen to ensure a "level
playing field" in competition. In 1967, this process gained
across-sport relevance when the International Olympic Committee
initiated its Medical Commission, whose task was to address the
problem of doping in sport. At this timeand since some
would arguethe sole technologies of concern were those
broadly described as medical, either substance or procedure.
The current international standard for doping
technologies is the World Anti-Doping Code, which indicates that
two of three conditions must be met in order for a technology
to be banned from sport. These consist of the following:
2. Performance enhancing.
3. Against the "spirit of sport".
It is widely recognised that determining whether
these conditions are engaged is not simple and requires some form
of discursive process to resolve. However, this process does not
apply to all forms of enhancement technology, which are neither
considered in relation to the Code. For instance, when a new design
of tennis racquet is introduced, the anti-doping code is not engaged.
Rather, the specific sports federation will consult its own guidelines
on technical specifications to determine whether the innovation
is acceptable. A closer connection between such enhancements and
doping technologies is desirable (Miah, 2005a; Miah and Eassom,
2002).
Discussions about the ethical, legal and policy
debates surrounding Human Enhancement Technologies (HETs) in Sports
began in formal academic circles in the 1980s. One of the earliest
publications in the Journal of the Philosophy of Sport (JPS)
was about the emerging culture of doping in sport (Brown,
1980). Since then, the JPS has published a substantial
number of articles about the ethics of performance enhancement,
where doping has been the key case.
During the 1980s, the renowned bioethics institute,
The Hastings Center, also undertook a study where forms
of performance enhancement in sport were considered (1986-88)
(Murray, 1984). Again, drug use in sport was of particular concern.
The Center remains proactive in philosophical and ethical studies
of sport technology, through the ongoing interest of its President,
Dr Thomas H Murray, who was long standing adviser to the United
States Olympic Committee and currently Chair of the Ethics Review
Panel at the World Anti-Doping Agency (Murray, 1983, 1984, 1986,
Parens, 1998).
Related studies of the cultural context of performance
enhancement have also been relevant, but are often overlooked
in the debate about the ethics of sporting performance (Denham,
1999a, 1999b). For instance, while there is considerable reference
to how the media characterise the doping debate, very rarely is
this media presentation taken into account in policy discussions.
Thus, one could be sceptical of the claim that society broadly
is unhappy about enhanced athletes. Rather, one might more adequately
claim that the media discourses surrounding the doped athlete
generate a justification for a culture of anti-doping (Magdalinski,
2000). The current lack of clarity on the ethics of hypoxic chambers
in elite sport demonstrates that technology, in itself, gives
rise to a mixed reception and that the ethical stance taken by
athletes or lay spectators or sports fans is malleable. [6]In
short, there is no ethical view out there that can, without qualification,
justify the current approach to evaluating the role of technology
in sport. However, concerns about doping in sport also reveal
a worry about the "dehumanisation" (Hoberman, 1992)
of sport, where technology might reduce the athlete's role in
performance and, in so doing, diminish the value of competition.
This view of dehumanisation also emerges from a "mechanisation"
thesis that describes the scientification of sport as bringing
about feelings of alienationie the manufacturing of athletes,
for instance. Such an evaluation of contemporary, elite sports,
describes the athlete as a product of a scientific or technological
process, somehow automated in performance. A good indication of
such narratives is within popular cultural texts. Indeed, this
very notion is typified in one of the Rocky films, where the Russian,
doped athlete is presented in precisely these terms, a cold, machinic,
performance body, which is contrasted with the "natural",
virtuous "hero" of the film, Rocky Balboa. While this
example might be treated lightly, it should be noted that various
studies on the ethics of medical enhancements have turned to cultural
texts such as the Rocky movies to develop further understanding.
In particular, the ESRC Centre for Economics and Social Aspects
of Genomics has recently undertaken extensive research investigating
film narratives on genetic technology in their "Media, Culture
and Genomics" project. I would suggest that any public engagement
programme on the use of HETs in Sport consider how to utilise
cultural texts to promote public debate on this subject. [7]
Elsewhere, I have argued that the "dehumanisation"
thesis about sport and technological progress is neither accurate
nor critical, but is a historical consequent of disenchantment
with grand, technological progress. Thus, one might describe a
sense of anxiety over tampering with biology on a global scale.
This contrasts with the pervasive acceptance of smaller scale
technologies that have become an integral part of daily life,
such mobile phones or the Internet. A further example that raises
questions about whether there is a broad social concern about
enhancement technologies is cosmetic surgery (or more broadly
body modification). Very little is known about whether athletes
would utilise elective reconstructive surgery for sports performance.
While one might immediately consider cosmetic interventions given
the importance of gaining sponsorship within the sports world,
one might also envisage other surgical procedures that could enhance
the body. Indeed, there is some evidence of athletes undertaking
risky, experimental surgical procedures when injured, hoping that
their ability will be restored. In some cases, there is even anecdotal
evidence to suggest that the athlete performs better after the
procedure. A related case that has been discussed widely is LASIK
eye surgery to attain perfect vision, a form of enhancement that
is not prohibited by sports governing bodies, but which further
emphasises how blurred the boundaries are between sports and non-sports
interventions.
Various scholars have attempted to develop a
conceptual, ethical framework for distinguishing between different
kinds of technologies. For instance, one might make an ethical
distinction between isolated and systemic interventions, the latter
of which might be perceived to have some greater bearing on the
stability of biological systems. Thus, cosmetic interventions
might be seen as less problematic than, say, drug use or genetic
interventions, because they do not affect the stability of biological
processes. However, further work on this area should take place,
with particular attention given to the legal framework for implementing
the outcome of such discussions.
It would be of value for the inquiry to tease
out some of these views on the use of various kinds of technology
in sport. After all, the way of dealing with various sport technologies
in sports has not been particularly systematic, nor wholly dependent
on establishing what are the major ethical concerns absent of
any social context. For instance, in the 1980s, the introduction
of carbon-fibre pole vaults would appear to have enhanced the
practice of pole vault by allowing a more skilled performance.
Before then, the pole's stiffness was an inhibitor to technique.
Alternatively, the transformation of the javelin in the 1980s
was necessary since throwers were beginning to throw dangerously
close to the spectators. As such, the transformation of the javelin
was a relatively pragmatic choiceit was much cheaper to
change the technical requirements of javelin throwing than to
change the length of all athletic arenas around the world.
An alternative example demonstrates how decisions
about technological change in sport are also inherently political.
Thus, in the late 1990s the International Tennis Federation wanted
to address the dominance of the serve in the male pro-game. One
of its concerns was that the inability to return powerful serves
would make the sport less interesting to watch. In turn, this
could translate into fewer spectators, less revenue, but perhaps
more seriously less of a grass-roots base of participants that
would enable the sport to flourish. Each of these concerns are
relevant when thinking about the use of enhancing technologies
in sport, though they also raise potential conflicts of interest.
For example, consider the influence of television scheduling on
sports like marathon running. While marathon runners might prefer
to run in the morning or at a time of day where the temperature
is moderate, often television companies will wish for scheduling
to take place at a time that is optimal for viewing figures.
Since 2002, a major enhancement issue for sport
has been the potential use of genetic technology. Variously described
as gene therapy, gene transfer or "gene doping", this
subject continues to draw speculations about whether the end of
sport is nigh. These claims rely on an assumption about the impossibility
of detecting for genetic and other future enhancements, thus making
the practice of anti-doping somewhat futile. However, a deeper
claim relates to the integrity or character of sports, where there
remains a strong tension between what might be described as traditional
versus a technological character for sports. In 2004, Miah's "Genetically
Modified Athletes" proposes that sport should soon enter
a transition phase where the dominant model of anti-doping is
brought into question as a result of changes to technology policy
outside of sport. Current WADA intelligence suggests the prospect
of detecting genetic interventions, though it remains unclear
whether all forms of genetic doping can be detected. One might
argue that if some kinds of enhancement cannot be detected, then
this would render an anti-doping policy ineffective and inconsequential.
A related set of questions arises in the context
of genotyping for athletic capacity. In 2004, the first commercial
genetic test for sports performance was developed, and, in 2005,
WADA's Stockholm Declaration concluded with a strong discouragement
over the use of such technology for discrimination or selection.
In April 2006, a working group of the British Association of Sports
and Exercise Sciences has begun to work on this issue. I am a
part of this group.
There remain questions over whether there is
satisfactory cooperation from biotechnology companies and, indeed,
scientists and medics who are working on novel interventions for
enhancing performance or relieving injury symptoms. This topic
alone also causes some difficulty for the world of sport since
the distinction between therapy and enhancement is unclear. Questions
also remain about how to distinguish between natural and unnatural
interventions. For instance, the development of "functional
foods" could present problems for clarifying differences
between food products, nutritional supplements and doping substances.
Finally, there seems a need to develop a structure within the
world of sport that can protect the integrity of health-care professionals'
decision making, which can often be under pressure from commercial
and competitive priorities.
CONCLUDING COMMENTS
AND RECOMMENDATIONS
Science Communication Strategy
One of the major weaknesses in the world of
sport concerns the communication of science, medicine and technology.
If one examines the development of this work outside of sport,
then it is clear that sport has a lot to do to catch up with these
debates. An explanation of these circumstances is possible on
the basis of the kinds of practices that sports are (private predominantly)
and the development of sports studies/science programmes. I am
unaware of any sports programme that includes Science Communication
or Public Engagement within the curriculum. Only recently have
critical ethical debates emerged within Professional Bodies, in
part because of the emergence of a critical mass of Sport Ethicists
who are interested in science and medicine. Within anti-doping
debates, it is often discussed that "education" is necessary,
yet there is a particularly didactic form of education that often
takes place. Further consideration of various models of education
and communication should constitute any form of public debate.
Rather than begin educational praxis with an expected end learning
point in mind (such as the informed choice to not dope), policy
should allow the development of a critical, informed opinion about
enhancement in sport. The consequence of such proposals might
certainly be a challenge to established rules and guidelines on
enhancement within sport, but this, in itself, cannot be seen
as negative.
External Audit
The regulatory structure surrounding the discussion
of this subject should be subject to external scrutiny. For example,
in the case of gene doping, one might imagine that the Human Genetics
Commission should be invited to contribute to the debate. Second,
a regulatory structure should be brought into place that allows
for the ongoing inquiry into ethical debates concerning performance
in sport and this should be distinct from, but also involve, doping
technologies.
Related Stake Holders
UK
British Association of Sport and Exercise Medicine
(BASEM)
British Association of Sport and Exercise Sciences
(BASES)
British Philosophy of Sport Association (BPSA)
UK Sport
International
World Anti-Doping Agency
International Olympic Committee
International Sports Federations
American College of Sports Medicine
European College of Sports Science
Canadian Centre for Ethics and Sport
A range of national anti-doping agencies.
Professional Bodies
International Sports Engineering Association (ISEA)
International Sports Law Association (ISLA)
International Association for the Philosophy of Sport
(IAPS)
Australian Institute of Sport
Non-Sport
Nuffield Council on Bioethics
Australian Law Reforms Commission
United States President's Council on Bioethics
May 2007
BIBLIOGRAPHY
Key Texts
Consult these texts for additional references.
Australia Law Reforms Commission (2003). Alrc 96:
Essentially Yours.
Hoberman, J M (1992). Mortal Engines: The Science
of Performance and the Dehumanization of Sport (Reprinted 2001,
the Blackburn Press). New York, The Free Press.
Miah, A (2002). Philosophical and Ethical Questions
Concerning Technology in Sport: The Case of Genetic Modification.
Sport Science. Bedford, De Montfort University: 229.
Miah, A and S B Eassom, Eds (2002). Sport Technology:
History, Philosophy & Policy. Research in Philosophy &
Technology. Oxford, Elsevier Science.
Miah, A (2004). Genetically Modified Athletes: Biomedical
Ethics, Gene Doping and Sport. London and New York, Routledge.
Tamburrini, C and T Tännsjö, Eds (2005).
Genetic Technology and Sport: Ethical Questions. Ethics and Sport.
Oxon and New York, Routledge.
5 Dr Andy Miah is Lecturer at University of Paisley
and an ethicist with expertise in a range of issues related to
sport technology. He was Co-Editor of "Sport Technology:
History, Philosophy, and Policy" (Elsevier, 2002) and author
of "Genetically Modified Athletes: Biomedical Ethics, Gene
Doping and Sport" (Routledge, 2004). He has published around
60 academic papers and is regularly invited to speak at international
meetings notably the World Anti-Doping Agency Stockholm meeting
on gene doping (2005) where the first official statement on the
acceptability of genotyping for sport was written into The Stockholm
Declaration. In 2001, he advised the Australian Law Reforms Commission
on its report concerning the use of genetic information in sport,
published finally in their report "Essentially Yours"
(2003). He has just completed an article that explores the socio-ethical
issues related to genotyping for athletic ability. Back
6
This comment relates to a debate between sports scientists/medics
and the World Anti-doping Agency in April 2006. The WADA Ethics
Committee concluded an inquiry into hypoxic (altitude) chambers,
indicating that it would be consistent with anti-doping rules
to include such chambers within the World Anti-Doping Code. This
outcome is currently in dispute by a range of professionals, since
most sports authorities currently permit such technology and WADA
is now consulting with stakeholders on how best to proceed. Back
7
I also note that, in 2004, one novel on the subject of enhancement
in sport was published (Joseph, 2004) and I am consulting for
one screen-writer who currently has a screen play under review
with a Hollywood studio. Back
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