A/HRC/32/21
population and to reduce insecurity in its territory and further consider reinforcing its
legislation in order to combat illegal possession and use of small arms (see
CCPR/C/AGO/CO/1, para. 12). The Committee requested information from another State
on the number of victims of gun violence and on the steps taken to protect human rights
from risks associated with the proliferation of firearms (see CCPR/C/USA/Q/4, para. 9).
Human rights parameters of firearms transfers
35.
Treaty bodies have also developed the human rights parameters of firearms
transfers, thereby acknowledging the human rights dimension of the illicit and unregulated
trade in firearms. The Committee on the Rights of the Child, for example, recommended
the application of criteria based on the Convention on the Rights of the Child to the transfer
of firearms. These include requiring regular public reporting on the export of firearms; a
prohibition on exporting to countries where children are known to have been or are
involved in armed conflict (see CRC/C/OPAC/UKR/CO/1, paras. 25-26);50 application of
general human rights criteria; an assessment of the impact that the export of weapons
export has on the rights of children (ibid.); integration of a child-rights perspective in
measures taken to prevent arms trafficking (see CRC/C/OPAC/BGD/CO/1, para. 24);
adherence to the international framework on the illicit manufacturing of and trafficking in
firearms, their parts and components and ammunition (see CRC/C/OPAC/EGY/CO/1,
para. 32); and criminalization of illicit activities related to the manufacturing and trafficking
of firearms (ibid.).51
3.
Regional human rights bodies
36.
The Inter-American Commission on Human Rights addressed the issue of the
availability of firearms in its thematic report on security and its relationship to human
rights,52 in which the Commission provided an overview of the situation and proposed
recommendations designed to assist member States in implementing their human rights
obligations in this area. The Commission noted that the large numbers of firearms in private
hands had contributed to violence against women, children, adolescents, indigenous
populations and Afro-descendants. To address those complex problems, the Commission
recommended that effective measures be adopted to guard against actions by private parties
that threatened the right to life by addressing the factors that enabled violent behaviour to
breed and multiply within society, especially those that controlled and reduced the number
of firearms in private hands. The obligation to protect human rights also required regulating
the activities of private security firms, in particular by establishing a public record of the
weaponry carried by those firms and requiring that their employees be certified by the
competent State agencies to show that they are qualified for their employment and that they
have the physical and psychological aptitude and training (especially in the use of firearms)
necessary to perform these types of tasks.
50
51
52
See also in this regard CRC/C/OPAC/MNE/CO/1, para. 25; CRC/C/OPAC/BEL/CO/1, para. 20-21;
CRC/C/OPAC/KGZ/CO/1, paras. 8-9; CRC/C/OPAC/MDA/CO/1, paras. 14-15;
CRC/C/OPAC/USA/CO/2, para. 41; CRC/C/OPAC/EGY/CO/1, para. 32; CRC/C/OPAC/BLR/CO/1,
paras. 20-21; CRC/C/OPAC/MKD/CO/1, para. 19; CRC/C/OPAC/CAN/CO/1, para. 14;
CRC/C/OPAC/AUS/CO/1, para. 28; CRC/C/OPAC/BIH/CO/1, para. 24; CRC/C/OPAC/KOR/CO/1,
paras. 21, 22; CRC/C/ITA/CO/3-4, para. 72; CRC/C/OPAC/TUN/CO/1, paras. 17-18;
CRC/C/OPAC/CZE/CO/1, para. 19; and CRC/C/OPAC/GRC/CO/1, para. 18.
See also in this regard CRC/C/OPAC/BLR/CO/1, paras. 20-21; CRC/C/OPAC/MKD/CO/1, para. 19;
and CRC/C/OPAC/BIH/CO/1, para. 24.
Inter-American Commission on Human Rights, Report on Citizen Security and Human Rights,
OEA/Ser.L/V/II, Doc. 57, 31 December 2009, para. 218.
11
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