Racial Profiling and Identity Checks: National and International Case-Law

Abstract

The article describes the practice of racial profiling and provides an oversight of jurisprudence related to identity checks and the question of racial profiling. The recent Dutch process and two different rulings of the ECtHR illustrate differing opinions on whether racial and other person-related characteristics may be the basis of law enforcement action, in this case, identity checks. The international jurisprudence of the UN Human Rights Committee and the European Court of Human Rights gives criteria for establishing whether discrimination occurred during identity checks and indicates aspects regarding burden of proof between the applicant and the respondent state.