Abstract

ARMAZA-ARMAZA, Emilio José. Can the ethical substratum of "bioprogressivism" justify a change the course of Criminal Policy on sports doping?. Rev. Bioética y Derecho [online]. 2022, n.55, pp.23-53.  Epub Jan 20, 2023. ISSN 1886-5887.  https://dx.doi.org/10.1344/rbd2022.55.38664.

In recent years, many authors have reflected on human enhancement from the perspective of Ethics, Political Philosophy and also, of course, from the prism of Biolaw. Naturally, this reflection has landed in the debates around sports enhancement (doping). Thus, literature is currently divided into two main sectors: on one hand, there are those who reject the possibility of granting ethical and legal legitimacy to human enhancement and, particularly, to human enhancement in the field of sport ("bioconservatives") while, on the other hand, there are those who are in favor of considering the possibility of admitting it under certain circumstances ("bioprogressives"). Up to this point, there is nothing new under the sun. However, this paper analyzes, in particular, whether the arguments in favor of liberalizing the use of human enhancement techniques in sport (doping) can justify and give legitimacy to a change of course in the Criminal Policy adopted in the field of sports doping (such conduct is punishable as a crime in art. 362 quinquies of Spanish Criminal Code). We reach to the conclusion that it would only be possible to admit the decriminalization of the crime of doping if, when discussing on availability of the legal interest protected under Criminal Law, we give greater weight to certain liberal foundations (particularly those of the Milleans).

Keywords : Doping; human enhancement; sport; crime; public health; bioprogressives.

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