>>> Memorandum

On 15 June 2021, the hearing in the case of two individuals and several NGOs against the Dutch State for ethnic profiling by the Dutch border police (Koninklijke Marechaussee) took place. In particular, this case is about the question whether the border police may use ethnicity (or perceived nationality such as “non-Dutch appearance”) as an element for risk profiles and the selection of travelers. We argued that the use of ethnicity in risk profiles constitutes ethnic profiling and thus unlawful discrimination. The Dutch State, however, argued that it would not result in ethnic profiling if a person is selected not ‘solely or predominantly’ based on ethnicity. The District Court of The Hague will have to rule on this matter and its judgment is expected 22 September 2021. Read more about this case here.

Jelle Klaas, human rights lawyer and litigation director at PILP-NJCM, acted in this case as one of the attorneys. In the preparation of the hearing, we have had great help from three students of the University of Amsterdam in the context of the Amsterdam European Law Clinic (under supervision of Ronald van Ooik and Laurens Ankersmit). We wish to thank the students, Šimon Kubáň, Gloria López Hernández and Janaína Santos Lühring, for their extensive research and memo on the scope and effect of the Race Equality Directive and the Charter of Fundamental Rights with regard to border police checks.

The memo (in English) can be found through this link.