Overcoming Ethnic Profiling: Strategies for Addressing a Structural Injustice

A Story of Injustice

"I stood there, motionless, hands visible, and waited. Train passengers glided past me, casting glances my way. I felt ashamed. Ashamed of myself, for regressing to a 14-year-old again and fearing I might upset the police with my expressions. Ashamed, because I couldn't defend myself in the face of an unlawful stop. Ashamed, because everyone around seemed to view me as a criminal. Minutes passed—one, five, fifteen—feeling like an eternity. Then the police returned with my ID card, uttered what sounded like disappointment that I hadn't caused a scene, bid me a good day, and handed me back my papers."

This story, shared with me during my time in Berlin, is not an isolated incident. Many individuals from marginalized communities recount similar experiences—feeling criminalized from a young age, making themselves invisible to avoid police contact, and knowing that even if their rights are violated, seeking justice would be a futile exercise. The systemic nature of ethnic profiling means that such encounters are not anomalies but rather symptoms of a broader structural issue in law enforcement.

During my Richard von Weizsäcker Fellowship at the Robert Bosch Academy in spring 2024, I was able to investigate the persistent issue of ethnic and racial profiling in German policing. I am deeply grateful to the Academy for its generous support and to the many interlocutors—scholars, activists, community representatives, and police professionals—who shared their expertise and perspectives. The following brief post distils the main insights that emerged from those rich conversations.

Understanding Ethnic Profiling

Ethnic profiling, the practice of using race, ethnicity, or nationality as indicators of criminality or suspicion, remains a deeply embedded issue in institutions worldwide. It manifests through disproportionate surveillance, unwarranted stops and searches, and biased arrests. These discriminatory practices violate fundamental human rights, erode trust in law enforcement, and contribute to the perpetuation of social divisions.

Law enforcement agencies often justify ethnic profiling as a measure for crime prevention and national security. However, studies indicate that such practices are not only ineffective but also counterproductive. Instead of fostering safety, they alienate communities and discourage cooperation with authorities.

The Impact of Ethnic Profiling on Communities

The consequences of ethnic profiling extend beyond the distressing moment of being stopped. Targeted communities experience heightened fear, mistrust, and alienation, leading to a reluctance to engage with authorities. This eroded trust hampers law enforcement efforts, as cooperation from the public is crucial for effective policing.

Moreover, ethnic profiling reinforces negative stereotypes and exacerbates existing socio-economic inequalities. The repeated criminalization of individuals based on ethnicity fosters psychological distress, anxiety, and diminished self-esteem. Over time, these experiences contribute to long-term mental health challenges and reduced social mobility for marginalized groups.

Strategies to Overcome Ethnic Profiling

Addressing ethnic profiling requires a comprehensive approach targeting both institutional policies and societal attitudes. I wish to thank my interloctors, police officiers, and traininers in Berlin and elsewhere in Germany. I am grateful to the civil society actitivists who fight for a more just society, as well as academic researchers who shared their views with me. I confident that the following points are widely shared by all of them. 

1. Implement Anti-Profiling Policies

Governments and law enforcement agencies must establish and enforce policies that explicitly prohibit ethnic profiling. These policies should emphasize impartiality, professionalism, and respect for human rights. Legal frameworks must support these policies by ensuring accountability and providing avenues for redress for victims.

2. Training and Sensitization

Law enforcement officers should undergo mandatory training on cultural competency, implicit bias awareness, and de-escalation techniques. Continuous education is essential for challenging stereotypes and fostering empathy toward diverse communities. Scenario-based training can help officers understand the real-world consequences of ethnic profiling.

3. Data Collection and Monitoring

Systematic data collection on police stops, searches, and arrests is crucial for identifying patterns of ethnic profiling. Transparency in reporting and independent oversight mechanisms are necessary to hold institutions accountable and drive evidence-based reforms. Public access to such data ensures that discriminatory practices are not hidden but actively addressed.

4. Community Engagement

Building trust between law enforcement and affected communities is essential for meaningful change. Regular dialogue, community policing initiatives, and partnerships with civil society organizations can help bridge the gap between marginalized groups and law enforcement. Community oversight boards should also monitor police practices and advise on necessary reforms.

5. Legal Remedies and Accountability

Strengthening legal avenues for victims of ethnic profiling is critical to ensuring justice. In Berlin, the 2020 State Anti-Discrimination Act (Landesantidiskriminierungsgesetz) was introduced to enhance legal protections against racism and discrimination in public institutions, including the police. Such laws provide a model for other jurisdictions aiming to increase institutional accountability. Independent investigative bodies should oversee cases of discrimination and impose disciplinary measures for misconduct.

6. Promoting Diversity in Law Enforcement Leadership

Diversity and inclusion in law enforcement agencies are crucial for ensuring that policing reflects the communities it serves. Recruiting, retaining, and promoting officers from diverse backgrounds can lead to more culturally sensitive policing practices. Leadership positions should be representative of the broader population to foster a more inclusive and equitable approach to public safety.

Conclusion: The Role of Policy and Legislation

While international human rights frameworks prohibit racial discrimination, enforcement mechanisms remain weak in many countries. The European Union, for instance, has legal provisions to combat racism and discrimination in law enforcement. However, their effectiveness is limited without strong national implementation and oversight mechanisms. Berlin’s State Anti-Discrimination Act serves as an example of progressive legal action against ethnic profiling. By reducing the burden of proof on victims and empowering anti-discrimination organizations to pursue litigation, the act enhances the likelihood of recognizing and addressing discriminatory practices. Expanding similar legal frameworks to other regions could significantly contribute to the broader fight against ethnic profiling.

Ethnic profiling is a systemic injustice that undermines the principles of equality, justice, and human rights. Addressing this pervasive issue requires concerted efforts from policymakers, law enforcement agencies, community leaders, and civil society organizations. By implementing anti-profiling policies, fostering cultural competence, engaging with affected communities, and strengthening accountability mechanisms, societies can move toward a more just and equitable future.

Reetta Toivanen is a Richard von Weizsäcker Fellow at the Robert Bosch Academy