Utrecht University was commissioned by PILP to conduct research on ethnic profiling in the Netherlands, England and Wales. The study was conducted by Simone Vromen and is entitled: Ethnic profiling in the Netherlands and England and Wales: Compliance with international and European standards.
Vromen concludes in her study that the broad discretionary power of police officers in the Netherlands, England and Wales can lead to ethnic profiling and thus violate the prohibition of discrimination. As early as 2010, the European Court of Human Rights (ECtHR) warned of the risk of ethnic profiling under the British Terrorism Act 2000. The effectiveness of ethnic profiling to combat crime has never been demonstrated and it is unlikely that the proportionality principle of the ECHR can be met in such practices.
Unlike in the Netherlands, precautions have been taken in England and Wales to prevent and deal with ethnic profiling. By collecting quantitative data and introducing further guidelines for police officers, England and Wales are now acting in line with recommendations given by various international and European human rights organizations. Vromen recommends that the Netherlands also take such precautions in its policy to meet international and European standards.
In her research, Vromen draws on international and European human rights standards applicable in the context of ethnic profiling. She discusses, among other things, the Universal Declaration of Human Rights, the application of the European Social Charter, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. In doing so, Vromen also analyzed ECHR case law regarding the prohibition of discrimination.
The research can be accessed here.