ABSTRACT
This chapter deals with the fundamental rights question at this early stage. The over reliance on sensitive characteristics may result in particular individuals or groups becoming subjected to enhanced levels of scrutiny and suspicion without any justification other than the individuals exhibiting some of the sensitive characteristics. The assessment of the compatibility of any counterterrorism measure, such as terrorist profiling, with fundamental rights often invokes a debate that is presented as being a choice between human rights or security without evaluating whether and to what extent, if at all, human rights and security can be accommodative of each other. Racial profiling is debated at length throughout the literature with many commentators setting forward differing definitions. A consequence of the criticism of the inclusion of sensitive characteristics is that the debate is polarised by being either fervently in favour or against the inclusion of sensitive characteristics.
