Ethnic Profiling In The European Union

Ethnic profiling by police in Europe is a widespread form of discrimination that violates basic human rights norms. Ethnic profiling is also inefficient: it leads police to focus on racial and ethnic traits rather than genuine indicators of suspicion, and results in stopping and searching large numbers of innocent people. Fortunately, better alternatives exist approaches to policing that are fairer and more effective. This handbook documents those approaches and offers guidance to help cut down on discrimination and increase police efficacy.

Pervasive use of ethnic and religious stereotypes by law enforcement across Europe is harming efforts to combat crime and terrorism, according to this report released by the Open Society Justice Initiative. Ethnic profiling occurs most often in police decisions about who to stop, question, search, and, at times, arrest. Yet there is no evidence that ethnic profiling actually prevents terrorism or lowers crime rates. Throughout Europe, minorities and immigrant communities have reported discriminatory treatment by the police. From massive data mining operations to intimidating identity checks, ethnic profiling is often more of a public relations stunt than a real response to crime. The report, "Ethnic Profiling in the European Union: Pervasive, Ineffective, and Discriminatory", details widespread profiling in France, Germany, Italy, The Netherlands, and other EU member states.

Key Recommendations -- To the Government of France -- To the Parliament -- To the Ministry of Interior -- Methodology -- Terminology -- I. Abuses of Identity Check Powers -- Ethnic Profiling -- Multiple Stops -- Intrusive Searches -- Insults and Physical Abuse during Stops -- Detention or Charge for "Insulting an Officer" -- Inadequate Safeguards against Abuse -- Too Much Discretion in Law -- No Recording of Stops -- Inadequate Accountability Mechanisms -- III. Impact on Community-Police Relations -- IV. Relevant National and International Standards -- Prohibition of Discrimination -- Right to Privacy -- Use of Force -- Duty to Respect -- Recommendations -- To the Government of France -- To the Parliament --To the Ministry of Interior -- To the Defender of Rights -- To the Council of the European Union, the European Commission and the European Parliament -- To the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) -- To the Council of Europe's Commissioner for Human Rights and European Commission against Racism and Intolerance -- To the UN Special Rapporteur on Contemporary Forms of Racism -- To the UN Committee on the Elimination of Racial Discrimination, the UN Committee on the Rights of the Child, and the UN Human Rights Committee -- Acknowledgments.

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

This report provides a detailed, statistically supported examination of discrimination by Moscow police. It also looks behind the numbers at current police practices and places them in the context of law enforcement challenges in multiethnic Moscow today.

This book considers what combating racism means in the context of the enlarged EU, and examines the extent to which ethnic equality objectives have, in practice, been integrated within EU law and policy, exploring the effects in the key areas of employment, education, health and housing, immigration, and criminal law.