Police and discrimination
Risks, research gaps, recommended action
- Factsheet on the research projekt -
Authors: Daniela Hunold, Hartmut Aden, Roman Thurn, Anja Berger, Claudius Ohder, Birgitta Sticher and Ekkehard Strauß (Berlin School of Economics and Law), commissioned by the Federal Anti-Discrimination Agency (ADS) Year of publication: 2025
Brief overview
Police action (including to avert threats, prosecute crimes and safeguard security and peaceful coexistence) is bound by the constitutional bans on discrimination (in particular Article 3 paragraph 3 of the Basic Law) and the general guarantee of the right to equality set out in Article 3 paragraph 1 of the Basic Law. As a result, the police is required to exercise sovereign functions and powers without discriminating against anyone. In doing so, the police as a state organisation faces the challenge that all of its action must reflect the diversity of society. However, research, reports from affected people and civil society groups and the work by the Federal Anti-Discrimination Agency, among others, show that police action has been associated with discrimination time and again. This relates to various characteristics such as racist grounds, ethnicity, gender, age, sexual identity, disability, religion or ideology. Previously, there had been no systematic and comprehensive analysis of the types, manifestations and extent of potential discrimination in police action.
The study examines the risks of discrimination through police action in Germany. It is based on a review of national and international studies and grey literature (such as German and international reports) and own empirical research. The report summarises the state of knowledge and showcases that the police – like every other part of society – is not free from discrimination. The findings point to structural or individual discrimination and aim to help develop specific action to be implemented in policy work.
The study analyses risks of discrimination and structural and institutional conditions enabling discriminatory action that have so far been only marginally considered. Risks of discrimination are presented for different fields of police action (conducting identity checks and searches, handling emergency calls, providing enforcement assistance, recording crime reports, investigating crimes, policing protests, analysing data, using technological means (such as body cams), preventing crimes).
Main results
Discrimination within the police force is a complex phenomenon requiring continuous and critical analysis. Discrimination can occur in almost all areas of police action. At the same time, it is remarkable that the risks for people with (attributed) discrimination characteristics as well as the extent of the experienced discrimination may vary depending on the specific field of action. In most cases, discrimination is not aimed at one individual (attributed) characteristic but often at several discrimination characteristics that are considered to be specifically connected, for instance if random checks are based on age, gender and racist attribution.
People discriminated against by the police are affected by both overpolicing, where people or groups of people are disproportionately often affected by police action compared to others, or by a lack of protection by the police (underprotection). As a consequence, discrimination by the police can lead to lasting loss of trust in government institutions.
Options for action
The study concludes that only a comprehensive approach taking account of institutional as well as individual aspects enables the police to fulfil its role as a governmental protective institution effectively and gain the trust of all parts of the population.
The following recommendations have been derived from the findings:
- Comprehensive reforms of organisational structures and processes within the police to prevent discriminatory practices (for example adapting service regulations).
- Regular training and awareness-raising measures for police officers by taking account of the findings from anti-discrimination research to recognise and prevent bias.
- Implementing monitoring and assessment systems to continuously review police action.
- Victims of discrimination should be given more opportunities to make complaints and be better supported.
- Independent police complaints bodies and ombudsperson offices should be equipped with adequate investigative powers and resources.
- Expanding the cooperation between police and civil-society organisations.
- Intensifying the research on institutional and structural forms of discrimination within the police, closing the existing research gaps and taking greater account of intersectional perspectives in research and practice.
- Amending discriminatory statutory regulations: Also reforming the statutory framework, e.g. relating to random identity checks, the use of body cams or predictive policing, can help prevent discrimination.
