Ethnicity and Race-Based Profiling in Counter-Terrorism, Law Enforcment and Border Control

Studie 14-11-2008

The aim of this study is to synthesize legal arguments and research findings relating to ethno-racial profiling in the field of anti-terrorist policies and legal instruments. The ultimate goal is to formulate guidelines and recommendations for the European legislators. In Part I, the study provides an analysis of the concept and utility of profiling. This includes an assessment of the most important substantive criteria of profiling and the necessary safeguards. Part II focuses on the compatibility of profiling with the most important international, European and national human rights instruments, along with European instruments in the context of the fight against terrorism, police and judicial cooperation and exchange of information and intelligence between Member States, while also taking into account the rights and guarantees provided to individuals in terms of privacy, data protection and nondiscrimination. Part III explores the impact of profiling on minority communities, police-minority relations, and the effectiveness of police and anti-terrorist law enforcement endeavours. Finally, Part IV offers recommendations on possible ways to carry out research on racial profiling and monitoring police activities in order to identify racial profiling practices.