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The article outlines the debate on “clan crime” as an expression of a societal controversy about racism: While one side identifies a racist general suspicion against migrant population groups, the other laments a general suspicion of racism against the police. The author suggests approaching the question: “Are definitions and measures against clan crime racist?”, with legal standards. Police action must be measured against basic and human rights let. These include the prohibition of racial discrimination postulated in Article 3 Para. 3 of the Basic Law, Art. 14 of the European Convention on Human Rights and in the UN Convention against Racism. In the state Berlin, these prohibitions of discrimination were concretised in 2020 through the State Anti-Discrimination Act. The article concludes that control measures that (a) are occasion-related under reference to the ethnically connoted EHW “clan crime” take place or (b) whether occasion-related or suspicion-independent excessively affect migrant businesses, violate these prohibitions of discrimination.

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Of Clans, Lineage Groups and Secluded Ethnicities Combating “Clan Crime” in the Light of the Legal Prohibition of Discrimination

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  • 发表日期：

    2025年

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  • Doris Liebscher

摘要

The article outlines the debate on “clan crime” as an expression of a societal controversy about racism: While one side identifies a racist general suspicion against migrant population groups, the other laments a general suspicion of racism against the police. The author suggests approaching the question: “Are definitions and measures against clan crime racist?”, with legal standards. Police action must be measured against basic and human rights let. These include the prohibition of racial discrimination postulated in Article 3 Para. 3 of the Basic Law, Art. 14 of the European Convention on Human Rights and in the UN Convention against Racism. In the state Berlin, these prohibitions of discrimination were concretised in 2020 through the State Anti-Discrimination Act. The article concludes that control measures that (a) are occasion-related under reference to the ethnically connoted EHW “clan crime” take place or (b) whether occasion-related or suspicion-independent excessively affect migrant businesses, violate these prohibitions of discrimination.