CoE’s anti-racism body: Racial profiling by police, segregation of Roma pupils, transphobia among key challenges

In its annual report for 2024, published on May 28, the Council of Europe’s anti-racism body, the European Commission against Racism and Intolerance (ECRI), has outlined tackling racial profiling by law enforcement officials, addressing the segregation of Roma children at school, ensuring equal rights and dignity for transgender and intersex persons, and strengthening national equality bodies as four key policy challenges for European states.

Positive policy developments are also highlighted in the report.

Alain Berset, Secretary General of the Council of Europe, emphasised the importance of the ECRI’s work for the organisation’s New Democratic Pact for Europe.

“Racism, intolerance, and discrimination are contrary to the values upheld by the Council of Europe and pose challenges to democratic societies,” Berset said.

“Addressing these issues requires a renewed commitment from European states to developing and nurturing inclusive societies,” he said.

“A New Democratic Pact for Europe envisions strengthening democracy across the continent by promoting unity, dialogue and democratic values. Advancing equality and ensuring dignity for all by addressing discrimination in all its forms is central to the mission of the Council of Europe.”

Bertil Cottier, Chair of ECRI, said: “We see several areas of concern when it comes to countering racism and intolerance in Europe.

“But we also see signs of hope: there are also areas where significant policy action is being taken in many different parts of the continent. Preventing the emergence or development of racial profiling practices is vital to reinforce, maintain or restore public trust in law enforcement agencies,” Cottier said.

“Addressing persisting Roma school segregation is crucial to avoid perpetuating structural inequalities for another generation of Roma. Ensuring equal rights and dignity for transgender and intersex people and countering transphobic hate speech are essential to build a genuinely inclusive society. And finally, further work should be done to strengthen the independence and effectiveness of equality bodies at national level”.

In the report, ECRI notes that the frequent use of stop-and-search practices by law enforcement officials – based on national or ethnic background, skin colour, religion or citizenship – is indicative of potential racial profiling.

ECRI identified such practices in different contexts, including border control, action against terrorism or extremism, or control measures applied by law enforcement agencies in specific geographical areas without any concrete suspicion against a particular individual.

ECRI reiterates that racial profiling generates a feeling of humiliation and injustice in society. Such practices also jeopardise the work of law enforcement officials who comply with the law and police ethics standards, and who are committed to combating racism and racial discrimination. At the same time, ECRI notes some very encouraging initiatives taken by national and local law enforcement agencies in this area, such as developing rules that clearly prohibit racial profiling and systems to record information on citizenship/ethnicity of those stopped by the police.

ECRI considers that the authorities should build on such initiatives and take resolute action to effectively prevent and counter racial profiling.

High levels of school segregation of Roma children, resulting in lower quality education, continued to be observed in several Council of Europe member states.

ECRI notes that the high concentration of Roma children in certain schools appears to be the result of residential segregation, but also of continuing practices by school authorities to educate Roma children in separate classes or buildings.

In spite of measures taken by many member states – including recognising school segregation as a serious form of discrimination, explicitly prohibiting it, and supporting Roma children through dedicated school assistants – progress towards de facto desegregation has been slow. ECRI considers it crucial that member states end all forms of segregation of Roma children in schools.

Transphobic hate speech remained rife in many European countries, especially during electoral campaigns, according to the report. A recurring trend was the reference to protecting children against so-called “gender ideology”.

Severe difficulties in finding employment and accommodation led some transgender people to work in the informal labour market and rendered many homeless. Transphobia also took the form of hate-motivated violence against transgender persons.

As a result of the hostility they faced, many transgender people suffered from acute mental health issues, with a number of them experiencing suicidal thoughts. Many also reported that healthcare professionals were reluctant to receive them.

Intersex persons, whose situation remains largely unknown to the public in Europe, also faced mental health issues and other healthcare-related challenges, according to ECRI.

So-called sex-normalising surgeries and other medically unnecessary or non-therapeutic treatments were still not prohibited by law in most European countries and appeared to remain a common practice within the medical community – thereby disregarding intersex persons’ right to bodily integrity and diversity.

At the same time, ECRI says, it is encouraging to see that several European countries have adopted appropriate legislation to improve the respect for the human rights of transgender and intersex persons.

In spite of the adoption of new EU legislation in May 2024 setting binding standards for equality bodies, ECRI continued to identify shortcomings in this field.

Many equality bodies lacked adequate resources to carry out their tasks effectively; gaps were also noted as regards the independence of equality bodies and their protection from political pressures.

In addition, equality bodies were still not provided with the full range of competences and powers, notably in relation to litigation or legal advice.

Nevertheless, equality bodies continued to make remarkable impact across Europe by often being the first point of contact for victims of discrimination and by providing expert guidance, support, and advocacy on equality issues, including on complex and emerging challenges such as the impact of artificial intelligence and other new or developing technologies.