The problem of the rapid spread of racism in American society attracts greater attention of numerous specialists, among them: the human rights community representatives, academics, politicians, government officials to find ways to solve it. Racial profiling is herewith used as type of racial discrimination. Without recourse to the etymology of the word, we note that this term usually mean the practice of police according to which a certain set of characteristics (profiles) are used to find and detain a person who has committed a crime (criminal profiling), or to identify individuals who authentically relate to criminal
activity (behavioral profiling)" ("Ethnic Profiling in European Union: Pervasive, Ineffective, and Discriminatory," 2009). Criminal and behavioral profiling is acceptable and legitimate tool that allow the most efficient way to allocate limited resources of law enforcement bodies ("Ethnic Profiling in European Union: Pervasive, Ineffective, and Discriminatory," 2009). Thus, profiling is understood as perfectly acceptable and legitimate form of police work, aimed at effective combating crime and ensuring public order. In this regard, the position of a number of authors who consider profiling as illegal practices have, in our opinion, is not quite correct. As long as police use in their work profiles that are based on information about the individual, or factors that are objective and statistically-grounded about significant indicators of criminal activity, profiling is legitimate ("Ethnic Profiling in European Union: Pervasive, Ineffective, and Discriminatory," 2009).
Profiling, which is based on a single platform, can cause quite grounded hidden fears. In broadest sense, it would be unreasonable enough to conclude that profiling as such is undesirable and too discriminatory, in particular profiling at airports, which should generally include an account of the criteria that are based on established patterns of behavior of offenders. Due process of profiling must be based on statistical indicators established by the crime which are determined by the system of reliable factors (Arboleda, Senger, Villarruel, Walker, 2004).
Quite another thing is in the situation of racial profiling. In its broadest sense, this term refers to ethnic profiling. Any action, conducted with the power in relation to a person or group of persons with the purpose of security or public order insurance which is based on its actual or imagined group membership, race, color, ethnic or national origin, or religion, without factual basis or grounded suspicion that led to unequal treatment of that person or group (Johnson, 2004).
In its 11th general policy advice the European Commission against Racism and Intolerance (ECRI) it defines racial profiling as the use of law enforcement agencies, without objective and intelligent basis, because of such signs race as skin color, language, religion, nationality, national or ethnic origin in control, surveillance or investigation (Arboleda, Senger, Villarruel, Walker, 2004).
In fact, racial profiling is based on the assumption of a relationship between propensity to commit crime and ethnic origin. Marked approach describes the practice of law enforcement officials of generalization which are substantiated by nationality, ethnic origin, religion, and not by objective behavioral criteria as grounds for suspicion of involvement in criminal activity (Lyon, 2003).
In practice, ethnic profiling is manifested in a meticulously attention of law enforcement officers to persons which differ in their appearance from the representatives of the so-called "titular nation", a more frequent inspection of documents street surveys, arrested and taken to the sub-police (militia) without good reason. In connection with the above, it is appropriate to recall that any distinction, exclusion, restriction or advantage, based on race, color, descent or national or ethnic origin, purpose or effect of which is to destroy or belittling the recognition, enjoyment or exercise, on equal principles of human rights and fundamental freedoms in the political, economic, social, cultural or any other areas of social life is understood as racial discrimination, respectively, in sense of the International Convention on the Elimination of All Forms of Racial Discrimination.
Interestingly, the definition of direct racial discrimination is induced in the seventh ECRI General Policy Recommendation according to which the term "direct racial discrimination" shall mean any uneven behavior on grounds such as race color, language, religion, nationality, national or ethnic origin, which has no objective and intelligent excuse. Varying behavior is devoid of objective and intelligent justification if it does not pursue a legitimate aim or if there is proportionality between the means of intelligent, that are used and set to (Johnson, 2004). Thus, it can be quite obvious conclusion that ethnic profiling is a form of discriminatory practice as difference between the objects of profiling in this case is due solely to their membership of different ethnic communities, ethnic groups or races.
Accordingly, ethnic profiling, like any other discriminatory practice denies one of the basic principles of human rights, namely the equality of human beings in dignity and rights, because the use of this approach allows for necessary restrictions on the rights of certain groups of people only on the basis of their ethnic origin. Unfortunately, the practice of using of racial profiling by law enforcement bodies is very common in the world, even in countries with developed democracy; despite it is directly banned by domestic law of those countries and international regulations. As evidenced by the results of numerous studies of this issue of law enforcement agencies such as the United States, Canada, UK, Spain, Germany, Netherlands, Hungary and others use ethno-selective approach to their activities. Victims of such practices are mostly immigrants, national and ethnic minorities, tourists (McCluskey, Perez, McCluskey, 2004).
After September 11 terrorist attacks in 2001 in the U.S., practice of using of racial profiling has increased dramatically. Numerous verifications of documents from the Muslims, raids on their premises, mass raids to places of their compact residence have become quite common practice in both the U.S. and in countries of the European Union (Arboleda, Senger, Villarruel, Walker, 2004).
However, there should be distinguished racial profiling from collection of ethnic data, although these concepts can be much related. Thus, for example statistical data of migration service of the countries of origin and ethnicity of illegal immigrants can be used by police to pay more attention to this category of persons is distinguished by checking the documents and street searches. On the other hand, the incorrect use of ethnic data should not be questioning the very necessity of collecting of such information. Thus, the ECRI in its first General Policy Recommendation notes: "proceeding from the fact that without the quality of the database difficult to develop and effectively implement policies in the above areas, in accordance with European laws regulations and recommendations concerning database protection and privacy rights to collect, if necessary, data that will assess the situation and experiences of groups that are particularly critical situation" (Johnson, 2004).
According to experts, ECRI collection of ethnic data is an important tool for determining appropriate policies to combat racism and racial discrimination and to ensure smooth features. Such data can provide basic information about the situation of minorities, to be used in the formation of social policy, and subsequently help to make an assessment of its effectiveness. Collection of ethnic data helps to monitor discrimination and the use of anti-discriminatory activities that implement the government. It also helps to evaluate the effectiveness of the activities mentioned for the timely provision of necessary changes
and additions (Johnson, 2004). For example the International Convention on the Elimination of All Forms of Racial Discrimination contains several provisions that are directly relation to racial profiling, namely:
• do not respect persons, groups or institutions of any act or practice of racial discrimination and to ensure that all public authorities and public institutions, both national and local, shall act accordingly to this obligation;
• not to sponsor, defend or support racial discrimination by any persons or organizations;
• to take effective measures to amend, rescind or cancel any laws and regulations that give rise to of racial discrimination.
It should also be noted that there exist racial profiling in many cases due to the implementation and functions of police to combat illegal migration. In this case, stop and check documents of individuals who differ in their appearance from the "ordinary citizens" is the easiest (though illegal) way to make sure the legality of their stay in country. The illegality of checking the documents in this situation is due not only to its selectivity
which can be regarded as discriminatory practices, but also the fact that the police can verify documents only when there is suspicion of an offense committed.
a number of activities, both of general and specific nature. For common action: this kind of discrimination and therefore measures should be aimed at overcoming discrimination and racism. In this sense, the U.S. made significant steps, starting from the ratification of all international instruments which regulate the control of these shameful events and the creation of separate divisions of the Interior Ministry and Security Service, whose activities are directly aimed at countering racism. As for specific measures for combating ethnic profiling, then, first of all, this problem needs in-depth study involving experts from different branches of science. Besides the development of appropriate measures, the international experience in this field should be taken into account (Arboleda, Senger, Villarruel, Walker, 2004).
Therefore, there are several obligatory guidelines for law enforcement officials to eliminate racial profiling from their activity, among them:
→ Concerning the use of operational guidance, which indicate the race (racial
profiling):
• to clearly define and prohibit the legislature by the use of operational guidance, which indicate the racial affiliation;
• conduct research in the field of operational guidance, which indicate race, oversee the activities of law enforcement agencies to detect this kind of practice, including data collection classified on grounds such as national or ethnic origin, language, religion and nationality in the corresponding law enforcement;
• introduce smart rules on the suspicion on which the powers associated with the control, surveillance or conducting investigations can be carried out only on the basis of these suspicions, which are determined by objective criteria;
• Provide training for law enforcement on the use of operational guidance,
which indicate the race, as well as in the use of standards for smart suspicions.
→ Concerning all forms of racial discrimination and misconduct by law enforcement officers, based upon racism:
• Ensure that legislation, which prohibits direct and indirect racial discrimination apply to activities of the law enforcement agencies;
• Provide training to law enforcement officials on human rights, including freedom of racism and racial discrimination, as well as on the existing legal norms against racism and racial discrimination;
• take steps to ensure that police officers are aware that racial discrimination and unlawful actions of employees of law enforcement agencies on base of racism will not be tolerated;
• Support and develop mechanisms for consultations to victims of racial discrimination or misconduct of law enforcement officials on base of racism;
• ensure the effective investigation of allegations of racial discrimination and police misconduct on base of racism, as well as provide the appropriate properly punish those that committed such acts;
• Establish a body independence from the police and prosecutors, who would be entrusted to investigate allegations of racial discrimination and police misconduct on base of racism.
References
Arboleda, A., Senger, J.M., Villarruel, F., Walker, N. Lost Opportunities: The Reality of Latinos in the U.S. Criminal Justice System. Washington DC: National Council of La Raza. 2004.
“Ethnic Profiling in European Union: Pervasive, Ineffective, and Discriminatory.” Open Society Institute, New York. 2009.
Johnson, K. Racial profiling after September 11. The Department of Justice’s 2003 Guidelines. Loyola Law Review. 2004.
Lyon, D. Surveillance after September 11. Cambridge: Polity Press. 2003.
McCluskey, Cynthia Perez and John D McCluskey. Diversity in Policing: Latino Representation in Law Enforcement. Journal of Ethnicity in Criminal Justice, No. 2. 2004.
