Indicator history

Close Window

Is there a legal definition / sanctioning of ethnic profiling?

Key Area:
Policing - Law Enforcement - Justice
19/01/2012 - 12:51
Short Answer


Qualitative Info

There is no legal definition of ethnic profiling, although ethnic profiling is not allowed.
 In 2002 two policemen stopped and performed an identity check on a woman wearing a headscarf. The only circumstance differentiating the woman from other persons in the vicinity was her headscarf, indicating that she was an adherent of Islam. The policemen did not give any legitimate reason for their operation. This event lead to the 2006 Constitutional Court decision that annulled the first paragraph of Article 35 of the Police Act which previously allowed identity checks of persons simply based on their appearance which might cause the suspicion they were perpetrators of misdemeanours or criminal offences. The Police Act did not clearly define of the term ‘appearance’ and thus allowed merely skin colour or type of clothing as a sufficient reason for identity checks.


Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Policing - law enforcement
External Url