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

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UNITED KINGDOMThe Equality Act 2010The Equality Act 2010 unifies existing non-discrimination law under a single act,which establishes a legal framework to protect individual rights and advance equalopportunity. 62 The act applies to all organizations providing a public service, includingthe Police Service, customs and excise officers, tax officers, trading standards andhealth and safety officers, licensing, the core functions of immigration authorities(see further below), and the Prisons and Probation Service.The act protects against discrimination on the basis of “protected characteristics”:• age• disability• gender reassignment• marriage and civil partnership• pregnancy and maternity• race• religion or belief• sex• sexual orientationThose subject to the act must, in the exercise of their functions, have due regard tothe need to:• Eliminate unlawful discrimination, harassment and victimisation and other conductprohibited by the Act.• Advance equality of opportunity between people who share a protected characteristicand those who do not.• Foster good relations between people who share a protected characteristic andthose who do not.The bodies covered by the law are required to consider how they can advance equalityand good relations. Equality considerations are to be reflected in policy design andservice delivery—including internal policies—with regular review. The act also stipulatesspecific duties, including the publication of equality objectives and information,and monitoring of progress toward meeting those objectives.The act provides individuals and groups with the means to take legal action againstunlawful discrimination. The Equality and Human Rights Commission (formerly theCommission for Racial Equality) also has powers to conduct investigations, seekjudicial review, and issue compliance orders where it believes a public body is notfulfilling either the general duty or its specific duties under the act.36 LEGAL STANDARDS AND INSTITUTIONAL POLICIES TO ADDRESS ETHNIC PROFILING
ImmigrationThe Equality Act covers the United Kingdom Borders Agency (UKBA) but includesa limited exemption that allows certain immigration decisions (such as prioritizingarriving passengers for examination and removing persons who are in violation ofimmigration status or rules) on the grounds of nationality. The exemption is applicableonly if specifically legislated or authorized by the Minister for Immigration. 63The Risk Assessment Unit of the UKBA produces a quarterly list of nationalities whichmay be subjected to additional scrutiny. The nationalities covered by the authorizationare reviewed quarterly by the UKBA and submitted for ministerial approval.The authorization sets criteria for inclusion on the nationality list, but these criteriainclude decisions made by immigration officials (such as visa refusals) which maythemselves contain bias. The UK does not publish the list of nationalities.NORTHERN IRELANDStatutory Duty with Exemptions in Non-Discrimination LegislationThe Northern Ireland Act 1998 introduced a statutory duty on all public authoritiesto “have due regard to the need to promote equality of opportunity” in carrying outtheir functions and to “have regard to the desirability of promoting good relations”between certain individuals and groups, including persons of different racial originand different religious beliefs. 64 The Police Service of Northern Ireland is obligedto fulfill these duties. However, law enforcement is explicitly exempted from othernon-discrimination standards. The Race Relations (Northern Ireland) Order 1997states that: “Nothing in Parts II to IV shall render unlawful an act done for thepurpose of safeguarding national security or of protecting public safety or publicorder.” 65 Parts II to IV are those articles that effectively prohibit discriminatory acts.The Race Relations (Amendment) Regulations (Northern Ireland) 2009 make clearthat acts of Security Services and Secret Intelligence Services are exempt from theprohibition of discrimination. 66 Furthermore, the 2009 Regulations specificallyexclude acts of discrimination on grounds of ethnic or national origin in carrying outof immigration functions. 67These case studies give rise to the following general principles for all legal standards thatseek to define and prohibit ethnic profiling:REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 37
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Page 6 and 7: described in this report. The case
Page 9 and 10: List of Case StudiesThe case studie
Page 11 and 12: UNITED KINGDOMAUSTRIA/BELGIUM/BULGA
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Page 16 and 17: The United Nations, the Council of
Page 19 and 20: I. Ethnic Profiling DefinedA Compre
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Page 29 and 30: of the ethnic minorities disproport
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Page 41 and 42: FRANCEObligation of Non-Discriminat
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Page 45 and 46: UNITED KINGDOMPolice and Criminal E
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Page 51 and 52: the person could pose a threat to p
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Page 55: IRELANDPolicing Plan 2008The Garda
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Page 68 and 69: NETHERLANDSNational OmbudsmanThe Du
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Page 72 and 73: DENMARKThe Danish Institute of Huma
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Page 78 and 79: used, such as those described below
Page 80 and 81: passengers at borders, although the
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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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General principles of good practice
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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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Fuenlabrada, Spain Stop FormREDUCIN
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West Yorkshire Police Stop ReceiptR
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Covenant rights that are especially
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• Necessity: The use of ethnic pr
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The clear risk of arbitrariness in
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The Committee considers that identi
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adopted on June 29, 2007, CRI/Counc
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European Union Fundamental Rights A
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Notes1. Rebekah Delsol, Open Societ
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13. A report of MI5’s behavioral
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38. From the email text sent by Tem
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57. R. Davis and P. Mateu-Gelabert,
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88. Gillan and Quinton v. United Ki
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Ireland). Of the total number of co
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139. For example, European Commissi
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165. Open Society Justice Initiativ
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197. These can be found at: http://
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230. More information can be found
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266. To undertake this kind of anal
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279. In Rosalind Williams, Spanish
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Ethnic profiling by police in Europ
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