Racial Profiling in Europe: How well equipped is National, International and Supranational Human Rights Law to counter it?

Anna Hettrich

doi:10.5771/1435-439X-2018-1-111

Contents
- Chapter Expand | CollapseAuthorsPage
- 1–2 Titelei/Inhaltsverzeichnis 1–2
- 3–24 Trade Wars are Easy to Win? Nicolas Jung, Angshuman Hazarika Nicolas Jung, Angshuman Hazarika 3–24
- 25–46 Investment Protection and the EU after Achmea Sebastian Wuschka Sebastian Wuschka 25–46
- 47–68 Achmea and its Implications for Investor Dispute Settlement Carola Glinski Carola Glinski 47–68
- 69–96 Der Europäische Minister für Wirtschaft und Finanzen nach den Plänen der Kommission Robert Böttner Robert Böttner 69–96
- 97–110 Hard Brexit und Limited Reinhart Schütt Reinhart Schütt 97–110
- 111–141 Racial Profiling in Europe: How well equipped is National, International and Supranational Human Rights Law to counter it? Anna Hettrich Anna Hettrich 111–141
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ZEuS Zeitschrift für Europarechtliche Studien , page 111 - 141

Racial Profiling in Europe: How well equipped is National, International and Supranational Human Rights Law to counter it?

Autoren

Anna Hettrich

DOI
- doi.org/10.5771/1435-439X-2018-1-111
- ISSN: 1435-439X
- ISSN online: 2942-3589
Abstract

Europe has suffered several terrorist attacks lately. In the fight against terrorism criminal profiling is more and more frequently used. However, there are various opinions on the conformity of criminal profiling with the law. If the technique is based on factors like race or ethnic origin, racial profiling can occur. Two approaches exist in defining racial profiling. Under the narrow approach, racial profiling occurs if the decision is solely based on grounds such as race or ethnicity. Under the broad approach, racial profiling occurs if the decision is among others based on grounds as race or ethnicity. The article explores the practice of racial profiling in the form of data mining and stop and search policies and illustrates how the law in Europe is equipped to deal with it. Anti-discrimination law, data protection law and regulations on stop and search policies are regarded. The article gives a comprehensive picture of the standard of protection against racial profiling in universal and regional international law, EU law and national law. It is concluded that the practice affects the right to non-discrimination, that international data protection law does not eliminate racial profiling -although the EU data protection law was currently improved and now outlaws the practice- and that a standard of reasonable suspicion for stop and search policies is not commonly prescribed. The article furthermore elaborates national, supranational and international case law and proposes to counteract racial profiling in certain ways.

Zusammenfassung

Europe has suffered several terrorist attacks lately. In the fight against terrorism criminal profiling is more and more frequently used. However, there are various opinions on the conformity of criminal profiling with the law. If the technique is based on factors like race or ethnic origin, racial profiling can occur. Two approaches exist in defining racial profiling. Under the narrow approach, racial profiling occurs if the decision is solely based on grounds such as race or ethnicity. Under the broad approach, racial profiling occurs if the decision is among others based on grounds as race or ethnicity. The article explores the practice of racial profiling in the form of data mining and stop and search policies and illustrates how the law in Europe is equipped to deal with it. Anti-discrimination law, data protection law and regulations on stop and search policies are regarded. The article gives a comprehensive picture of the standard of protection against racial profiling in universal and regional international law, EU law and national law. It is concluded that the practice affects the right to non-discrimination, that international data protection law does not eliminate racial profiling -although the EU data protection law was currently improved and now outlaws the practice- and that a standard of reasonable suspicion for stop and search policies is not commonly prescribed. The article furthermore elaborates national, supranational and international case law and proposes to counteract racial profiling in certain ways.
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