Reducing Ethnic Profiling in the European Union - Open Society ...

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Open Society Justice InitiativeThe Open Society Justice Initiative uses law to protect and empower people aroundthe world. Through litigation, advocacy, research, and technical assistance, the JusticeInitiative promotes human rights and builds legal capacity for open societies. We fosteraccountability for international crimes, combat racial discrimination and statelessness,support criminal justice reform, address abuses related to national security and counterterrorism,expand freedom of information and expression, and stem corruption linkedto the exploitation of natural resources. Our staff are based in Abuja, Amsterdam, Bishkek,Brussels, Budapest, Freetown, The Hague, London, Mexico City, New York, Paris,Phnom Penh, Santo Domingo, and Washington, D.C.The Justice Initiative is governed by a Board composed of the following members:Christopher Stone (Chair), Chaloka Beyani, Maja Daruwala, Yonko Grozev, AsmaJahangir, Anthony Lester QC, Jenny S. Martinez, Juan E. Méndez, Aryeh Neier, HermanSchwartz, Hon. Patricia M. Wald, and L. Muthoni Wanyeki.The staff includes James A. Goldston, executive director; Robert O. Varenik,program director; Zaza Namoradze, Budapest office director; Kelly Askin, senior legalofficer, international justice; David Berry, senior officer, communications; Sandra Coliver,senior legal officer, freedom of information and expression; Tracey Gurd, senioradvocacy officer; Julia Harrington Reddy, senior legal officer, equality and citizenship;Ken Hurwitz, senior legal officer, anticorruption; Katy Mainelli, director of administration;Chidi Odinkalu, senior legal officer, Africa; Martin Schönteich, senior legalofficer, national criminal justice; Amrit Singh, senior legal officer, national security andcounterterrorism; and Rupert Skilbeck, litigation director.www.justiceinitiative.orgOpen Society FoundationsThe Open Society Foundations work to build vibrant and tolerant democracies whosegovernments are accountable to their citizens. Working with local communities in morethan 70 countries, the Open Society Foundations support justice and human rights,freedom of expression, and access to public health and education.www.soros.org
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OPEN SOCIETY JUSTICE INITIATIVERedu
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described in this report. The case
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List of Case StudiesThe case studie
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UNITED KINGDOMAUSTRIA/BELGIUM/BULGA
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UNITED KINGDOMUNITED KINGDOMNETHERL
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The United Nations, the Council of
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I. Ethnic Profiling DefinedA Compre
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The use by the police, with no obje
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explicitly on their membership in a
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of the persons subjected thereto sh
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The impact of ethnic profiling on c
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of the ethnic minorities disproport
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II. A Holistic Approachto Reducing
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Law enforcement agencies are accoun
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III. Legal Standards andInstitution
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Criminal and Administrative Legal R
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ImmigrationThe Equality Act covers
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FRANCEObligation of Non-Discriminat
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General principles of good practice
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UNITED KINGDOMPolice and Criminal E
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has lasted for an hour, the examini
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In order to conduct a check using a
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the person could pose a threat to p
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Improving law enforcement relations
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IRELANDPolicing Plan 2008The Garda
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officer misconduct more than patter
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complaints commissions that include
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Civilian oversight can and should d
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In Ireland and Northern Ireland, po
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These case studies also demonstrate
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NETHERLANDSNational OmbudsmanThe Du
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UNITED KINGDOM / NORTHERN IRELANDNo
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DENMARKThe Danish Institute of Huma
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• the impact of race• the use o
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UNITED KINGDOMThe Communities and L
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used, such as those described below
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passengers at borders, although the
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UNITED KINGDOMMerseyside Police Rev
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Reducing Ethnic Profiling and Impro
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As the above examples indicate, dat
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Research Approaches and Methodologi
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Observational studies were pioneere
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The study revealed that in addition
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esponses, and in some cases, broad
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UNITED STATESAttitudinal Survey of
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UNITED KINGDOMThe Views of the Publ
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NORTHERN IRELANDBeyond the Margins:
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DENMARKMedia Reporting of Police St
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VI. Strategies for Reducing EthnicD
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people were stopped and valuable po
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only do so if the measure is determ
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Supervision and Oversight of Front-
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This is not to say that stop forms
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• Recording of self-defined ethni
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UNITED KINGDOM“Know Your Rights
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Prior to the ride-alongs, many Hung
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UNITED KINGDOMMonitoring the Qualit
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GREECEProhibition of Racist Languag
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This handbook recommends that law e
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Where possible, training should inc
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SWEDENPolice and Youth Sharing Expe
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Training in the Counter-radicalizat
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VIII. Changing Institutional Cultur
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and Wales have used the package. Mo
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NORTHERN IRELANDCreating a More Bal
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Moroccan man. Another minority offi
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other characteristics or values. Co
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Take steps to ensure that all parts
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Law enforcement agencies must be se
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A large number of Polish migrants h
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variety of individuals with “life
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UNITED KINGDOMCommunity Stop and Se
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their needs, and problems, and hear
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to travel as far as Liverpool to ac
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The strategy includes multiple init
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The website provides an interactive
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Appendix A:Sample Stop Forms171
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REDUCING ETHNIC PROFILING IN THE EU
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REDUCING ETHNIC PROFILING IN THE EU
Page 179 and 180: REDUCING ETHNIC PROFILING IN THE EU
Page 185 and 186: Fuenlabrada, Spain Stop FormREDUCIN
Page 191: West Yorkshire Police Stop ReceiptR
Page 194 and 195: Covenant rights that are especially
Page 196 and 197: • Necessity: The use of ethnic pr
Page 198 and 199: The clear risk of arbitrariness in
Page 200 and 201: The Committee considers that identi
Page 202 and 203: adopted on June 29, 2007, CRI/Counc
Page 204 and 205: European Union Fundamental Rights A
Page 207 and 208: Notes1. Rebekah Delsol, Open Societ
Page 209 and 210: 13. A report of MI5’s behavioral
Page 211 and 212: 38. From the email text sent by Tem
Page 213 and 214: 57. R. Davis and P. Mateu-Gelabert,
Page 215 and 216: 88. Gillan and Quinton v. United Ki
Page 217 and 218: Ireland). Of the total number of co
Page 219 and 220: 139. For example, European Commissi
Page 221 and 222: 165. Open Society Justice Initiativ
Page 223 and 224: 197. These can be found at: http://
Page 225 and 226: 230. More information can be found
Page 227 and 228: 266. To undertake this kind of anal
Page 229: 279. In Rosalind Williams, Spanish
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