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Racial profiling involves targeting an individual based on stereotypes about race, color, ethnicity, etc., or a combination of these factors under the guise of "safety, security, or public protection." The issue becomes increasingly problematic when someone is arrested not because their actions match a criminal profile, but due to the racial stereotypes linked to their appearance.
Racial profiling may have negative psychological and social impacts on individuals and ethnic communities as well. Individuals who are racially profiled may feel alienated, leading to mistrust in government institutions (e.g. police) for not protecting them. If severe, racial profiling may also lead to discrimination within education, causing a loss of educational opportunities for those marginalised.
Case Study: the Eric Garner case in 2014
Eric Garner, an African-American, was illegally selling loose cigarettes on a street corner in Staten Island and issued a warning by the police. He was then arrested two weeks later when the police returned, alleging he was again breaking the law. However, officers grabbed the unarmed Garner and pulled him onto the sidewalk, where an officer wrapped his arm around Garner’s neck until he was unconscious - a move that had been prohibited by the police department. Local and federal investigations ended up with no files charged but sparked massive protests in NYC. The police officer was fired five years later, following a recommendation for termination by a departmental disciplinary judge.
Case Study: Wa Baile v. Switzerland
In the recent decade, governments around the world have been cracking down on the regulation of racial profiling with new government bills and policies.
Wa Baile was a Black Swiss man who was stopped for an identity check by municipal officers in the Zurich railway station on his way to work in February 2015. He refused to comply with police officers, who then took him aside and searched his pockets and backpack until they found a document establishing his identity. The European Court of Human Rights then unanimously ruled the case as a violation of prohibition of discrimination (Article 14), in conjunction with the right to respect for private life (Article 8). This case was hailed as a victory against racial profiling in Switzerland and across Europe.
As governments and racial profiling cases continue to surface and gain more attention, these situations will lessen and situations improve. If you would like to read more cases about racial profiling, find out more here:
Works Cited
Amnesty International (2024). Switzerland: Court decision on ethnic profiling case must send clear message on racial discrimination. [online] Amnesty International. Available at: https://www.amnesty.org/en/latest/news/2024/02/switzerland-court-decision-on-ethnic-profiling-case-must-send-clear-message-on-racial-discrimination/.
Dungca, N., Abelson, J., Berman, M. and Sullivan, J. (2020). A dozen high-profile fatal encounters that have galvanized protests nationwide. Washington Post. [online] 8 Jun. Available at: https://www.washingtonpost.com/investigations/a-dozen-high-profile-fatal-encounters-that-have-galvanized-protests-nationwide/2020/06/08/4fdbfc9c-a72f-11ea-b473-04905b1af82b_story.html.
European Court of Human Rights (2024). Factsheet - Racial profiling. [online] Available at: https://www.echr.coe.int/documents/d/echr/FS_Racial_profiling_ENG.
Moeckli, D. (2024). Wa Baile c. Suisse: A victory against racial profiling? [online] EJIL: Talk! Available at: https://www.ejiltalk.org/wa-baile-c-suisse-a-victory-against-racial-profiling/.
Observers, S. (2024). Wa Baile v Switzerland: An Implicit Acknowledgment of Racial Profiling as Structural Discrimination. [online] Strasbourg Observers. Available at: https://strasbourgobservers.com/2024/03/26/wa-baile-v-switzerland-an-implicit-acknowledgment-of-racial-profiling-as-structural-discrimination/.
Ohrc.on.ca. (2020). What is racial profiling? (fact sheet) | Ontario Human Rights Commission. [online] Available at: https://www3.ohrc.on.ca/en/what-racial-profiling-fact-sheet.
Ontario Human Rights Commission (2020). The effects of racial profiling | Ontario Human Rights Commission. [online] Ohrc.on.ca. Available at: https://www3.ohrc.on.ca/en/paying-price-human-cost-racial-profiling/effects-racial-profiling.
Wiley, E. (2022). How Racism in the Courtroom Produces Wrongful Convictions and Mass Incarceration. [online] Legal Defense Fund. Available at: https://www.naacpldf.org/racism-wrongful-convictions-mass-incarceration/.
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