A/HRC/29/46 the Working Group of Experts on People of African Descent devoted its sixth session to this issue and adopted the definition of the practice outlined in the Durban Declaration and Programme of Action. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism called attention to this issue too, in the context of “terrorist profiles” (A/HRC/13/37). 31. Finally, in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence,24 as a result of the collaboration of several special procedures mandate holders, it was recommended that States enhance their engagement in broad efforts to combat negative stereotypes of, and discrimination against, individuals and communities on the basis of their nationality, ethnicity, religion or belief. 2. Regional legal policy and regulatory frameworks 32. As regards Europe, the European Convention on Human Rights does not contain explicit provisions regarding racial and ethnic profiling. However, a number of rights protected by the Convention are relevant to making legal arguments and claims in relation to the practice, in particular provisions such as the right to liberty and security (art. 5), the right to respect for private and family life (art. 8), the right to an effective remedy (art. 13) and prohibition of discrimination (art. 14). Moreover, there are two relevant protocols to the European Convention on Human Rights, which provide for freedom of movement (protocol No. 4) and a general prohibition on discrimination (protocol No. 12).25 33. The European Court of Human Rights has ruled on an application regarding racial profiling. It found that the practice constituted unlawful discrimination. 26 34. The European Commission against Racism and Intolerance, established in 1993 by the Council of Europe, underlined, in its general policy recommendation No. 11 on combating racism and racial discrimination in policing, that racial and ethnic profiling was not an acceptable or valid response to the challenges of the everyday reality of combatting crime, including terrorism. The Commission stressed that racial and ethnic profiling was a form of racial discrimination, and thus violated human rights, reinforced stereotypes and lacked effectiveness, and led to less human security (para. 25). Moreover, the Commission has issued four specific recommendations to members of the European Union on this issue, namely that member States should “clearly define and prohibit racial and ethnic profiling by law” (para. 1); “carry out research on racial profiling and monitor police activities in order to identify racial profiling practices, including by collecting data broken down by grounds such as national or ethnic origin, language, religion and nationality in respect of relevant police activities” (para. 2); “introduce a reasonable suspicion standard, whereby powers relating to control, surveillance or investigation activities can only be exercised on the basis of a suspicion that is founded on objective criteria” (para. 3); and “train the police on the issue of racial profiling and the use of the reasonable suspicion standard” (para. 4). 24 25 26 10 Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. Conclusions and recommendations from the four regional expert workshops organized by the Office of the High Commissioner for Human Rights, in 2011, and adopted by experts in Rabat on 5 October 2012. Available from http://www.ohchr.org/Documents/Issues/Opinion/SeminarRabat/Rabat_draft_outcome.pdf. Open Society Justice Initiative, Case Digests, International Standards on Ethnic Profiling: Standards and Decisions from the European Systems (2013). European Court of Human Rights, Timishev v. Russia, Application Nos. 55762/00 and 55974/00, Judgment of 13 December 2005.