A/HRC/15/53 Rapporteur would like to underline that this practice raises human rights concerns, in particular regarding the non-derogatory principle of non-discrimination, the right to privacy, the right to freedom of movement and the right to personal liberty, which are all enshrined in the International Covenant on Civil and Political Rights. 44. Profiling techniques based on perceived religion or ethnicity applied inadequately may have a stigmatization effect on members of the groups targeted. The Special Rapporteur would like, in this regard, to refer to the thorough analysis undertaken by Martin Scheinin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, in his report to the fourth session of the Human Rights Council (A/HRC/4/26). In particular, Martin Scheinin expressed his concern “that profiling based on stereotypical assumptions may bolster sentiments of hostility and xenophobia in the general public towards persons of certain ethnic or religious background”. He added that “ethnicity, national origin and religion are inaccurate indicators because the initial premise on which they are based, namely that Muslims and persons of Middle Eastern and South Asian appearance or origin are particularly likely to be involved in terrorist activities, is highly doubtful”. 45. In addition to the above, the Special Rapporteur would like to refer to the 2009 Durban Review Conference outcome document which “calls upon States not to resort to profiling founded on grounds of discrimination prohibited by international law, including on racial, ethnic or religious grounds and prohibit it by law”.6 He also would like to refer to the Committee on the Elimination of Racial Discrimination which stated in paragraph 20 of its general comment No. 31 on the prevention of racial discrimination in the administration and functioning of the criminal justice system that States parties should “take the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of a person, that person’s colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion”. Likewise, the Special Rapporteur believes that measures taken in the fight against terrorism should not discriminate, in purpose or effect, on the grounds of religion or perceived religious affiliation of persons. D. Religious symbols (a) Cases received by the Special Rapporteur 46. According to reports, Muslim female students in Turkey continue to be prevented from wearing headscarves in most universities, after the constitutional amendment of 9 February 2008 lifting the ban on headscarves in public institutions was annulled by the Constitutional Court on 5 June 2008. Reportedly, university regulations still prohibit students from taking examinations if their heads are covered. As a consequence, Muslim students would be prevented from wearing headscarves when taking their examinations. 47. According to reports, members of the Sikh community in France continue to be prohibited from wearing their daastar (turban) in schools and on photograph identification documents, as a result of the implementation of Act No. 2004-228 of 15 March 2004 on “laïcité”, and conspicuous religious symbols in public schools. Consequently, Sikh students have reportedly been expelled from schools or are refused admission to school. No Sikh children have allegedly been allowed to wear a turban in their school since the law came into force. 6 GE.10-14999 Outcome document of the Durban Review Conference, para. 102. 11