Ethnic profiling: the current situation in 2024

Bekijk alles
February 13, 2024
News items
Previous
Next

In February 2024, our clients sent a letter to the cabinet urging them to formally declare in writing that ethnic profiling is prohibited and to enforce this ban across all government organizations. This call comes a year after the Court of Appeal in The Hague affirmed that ethnic profiling constitutes discrimination and is therefore illegal.

Groundbreaking Ruling February 2023

Today marks exactly one year since the Court, in a groundbreaking decision, ruled that the Royal Marechaussee (KMar) must cease ethnic profiling. The Court determined that using ethnicity as a criterion for selecting individuals for inspection constitutes a form of discrimination. This legal victory was a necessary step in the years-long struggle against ethnic profiling. Unfortunately, despite the ruling, ethnic profiling has not been completely eradicated in the Netherlands.

Details of the Legal Case

During border controls, travelers were selected for inspections by the KMar based on their appearance, skin color, or origin (ethnicity). Additionally, the KMar utilized specific ‘risk profiles’ linked to ethnicity, such as men who walk quickly, are well-dressed, and appear “non-Dutch.” Despite criticism, the government maintained that ethnicity, combined with other characteristics, could be part of risk profiles. Subsequently, a coalition consisting of Amnesty International, Controle Alt Delete, Anti-Discrimination Bureau RADAR, Dutch Lawyers Committee for Human Rights, and two ‘non-white’ citizens who were repeatedly ethnically profiled initiated a civil procedure against the State. This coalition was supported by lawyers from PILP and Houthoff.

After an initial unfavorable ruling by the lower court, the Court of Appeal declared last year that ethnic profiling is discrimination. In other words, ethnic profiling violates human rights and Dutch law. This ruling is final, as the State decided not to appeal to the Supreme Court.

Developments Since the Ruling

Regrettably, according to our clients, there has been insufficient change in practice. In response to the ruling, the government initially stated that it did not apply to car and train controls and was not relevant to other government organizations, which we believe is an incorrect interpretation. Furthermore, ethnic profiling by the KMar continues to occur in practice, and other government agencies appear to persist in engaging in ethnic profiling.

PILP’s Actions

Strategic litigation is effective only when combined with other means of change, such as campaigning and lobbying. Therefore, PILP’s involvement in a case does not end when the legal proceedings conclude. PILP collaborates with stakeholders to ensure the implementation of the Court’s ruling. Additionally, PILP provides legal analysis of the government’s response to the ruling, offers legal advice, and considers potential new legal actions.

Read more about this case here.

Tags: ,
Previous
Next
Actueel

Gerelateerde berichten

KOZP right to protest Stichting Nederland Wordt Beter
May 12, 2025 Right to protest

Dutch foundations KOZP and Nederland Wordt Beter have been vindicated: infringement of the right to protest in De Lier

Dutch foundations KOZP and Nederland Wordt Beter have been vindicated The appeal of Kick Out Zwarte Piet (KOZP) and Stichting Nederland Wordt Beter (NLWB) against the restrictions imposed on their protest by the mayor of the Westland municipality has been upheld. The District Court of The Hague rules that the mayor should not have been […]

right to protest
May 2, 2025 Right to protest

Hearing in court case on right to protest at the Council of State

On 6 May 2025, two climate organizations will be facing the municipality of Heerlen in an important case on the right to protest. The mayor of Heerlen has notably banned music and performances during the climate protests, as they “would give the impression of an event”. However, according to the right to protest, mayors cannot […]

outdoor sleeping fines right to housing
April 16, 2025 The right to housing

Sitchting GOUD sends letter to municipality of Utrecht about outdoor sleeping fines for homeless people

Stichting GOUD sends letter to municipality of Utrecht about outdoor sleeping fines Stichting GOUD has formally requested a meeting with the Utrecht municipality today through a letter about stopping fining homeless people who are forced to sleep on the streets. The letter points out to the municipality that this practice, based on article 2:31 of […]

Gerelateerde berichten

Our Dossiers

Our Dossiers

Support our work

PILP is the legal ally of civil society organizations, movements, communities, and activists dedicated to human rights. Your donation enables us to continue providing this service.