The ECtHR Advances the Battle against Racial Profiling in Wa Baile c. Suisse

Abstract

On 20 February 2024, the European Court of Human Rights decided in the case of Wa Baile c. Suisse on racial profiling. This blog argues that the judgment represents a cautious step forward in the fight against racial profiling and repairs some shortcomings of earlier case law. The ECtHR holds that Switzerland violated Article 14 in combination with Article 8 ECHR. It reverses the burden of proof and accepts that both the lack of an adequate preventive framework and reports by international human rights bodies and NGOs contribute to establishing a presumption of discrimination.

Keywords

• ECtHR
• Racial Profiling
• Schweiz
• Switzerland
• Wa Baile c. Suisse
• Schweiz