General Comment No. 36
on preventing and combating racial profiling
Four references to SOGI:
● Racial profiling is: […] (c) is based on grounds of race, colour, descent, national or ethnic origin or their intersection with other relevant grounds, such as religion, sex or gender, sexual orientation and gender identity, disability and age, migration status, or work or other status […] (para. 13).
● For the purposes of the present general recommendation, racial profiling is understood as it is described in paragraph 72 of the Durban Programme of Action, that is, the practice of police and other law enforcement relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity. In this context, racial discrimination often intersects with other grounds, such as sexual orientation and gender identity […] (para. 18).
● States should ensure that law enforcement agencies regularly evaluate recruitment and promotion policies and, if necessary, undertake temporary special measures to effectively address the underrepresentation of various national or ethnic minority groups and of groups experiencing intersecting forms of discrimination based on, […] sexual orientation, disability and age. (para. 47).
● States should ensure that algorithmic profiling systems deployed for law enforcement purposes are designed for transparency, and should allow researchers and civil society to access the code and subject it to scrutiny. […] States should take appropriate mitigation measures if risks or harms to human rights are identified. Those processes should examine potential and actual discriminatory effects of algorithmic profiling based on grounds of race, colour, descent, or national or ethnic origin and their intersection with other grounds, including […] sexual orientation and gender identity. (para. 60).