A/HRC/32/21
against Women, in its general recommendation No. 30 (2013) on women in conflict
prevention, conflict and post-conflict situations similarly expressed concern that the
proliferation of firearms has had a direct or indirect effect on women as victims of conflictrelated gender-based violence, as victims of domestic violence and also as protesters or
actors in resistance movements.
Need to regulate civilian access to firearms
27.
Treaty bodies have emphasized prevention and interpreted the content of the general
obligation to reduce harm and risks to individuals associated with the proliferation of
firearms and their potential misuse. For instance, the Human Rights Committee has found
that the obligation to effectively protect also requires efforts to curb violence that include
the continued pursuit of legislation requiring background checks for all private firearm
transfers (see CCPR/C/USA/CO/4, para. 10).
28.
The Committee has also stated that the protection of the right to liberty and security
of person as provided in article 9 of the International Covenant on Civil and Political Rights
involved measures of control over civilian ownership of firearms (see CCPR/C/79/Add.50,
para. 17).46 The Committee has taken this provision to mean that the protection of
individuals from foreseeable threats to life or bodily integrity includes the duty of States to
protect their populations against the risks posed by excessive availability of firearms. 47 The
significant number of small arms and light weapons has also been identified as a risk to the
safety of populations, particularly children (see CRC/C/OPAC/BIH/CO/1, para. 23). The
Committee on Economic, Social and Cultural Rights, concerned at the high number of
suicides in a particular State, examined the easy accessibility of firearms in its analysis of
the scope of the right to the enjoyment of the highest attainable standard of physical and
mental health in that country. The Committee recommended that the State take measures to
restrict access to firearms (see E/C.12/CHE/CO/2-3, para. 19).
29.
The Committee on the Elimination of Discrimination against Women has read the
regulation of civilian possession of firearms into due diligence obligations stemming from
article 2 of the Convention on the Elimination of All Forms of Discrimination against
Women. To discharge its obligation of due diligence, a State was urged to enact legislation
that strictly regulated the possession of small arms and to sanction violations (see
CEDAW/C/PAK/CO/4, para. 14 (d)). The Committee held that robust and effective
regulation of the arms trade, in addition to appropriate control over the circulation of
existing and often illicit conventional arms, including small arms, to prevent their use to
commit or facilitate serious acts of gender-based violence was needed (ibid., para. 29; see
also CCPR/C/PHL/CO/4, para. 14).
30.
Similarly, the Committee on the Rights of the Child has linked measures to prevent
proliferation of firearms with the obligation to protect the right to life (see
CCPR/C/PHL/CO/4, para. 14) as well as the right of children to safety and security (see
CRC/C/OPAC/LKA/CO/1, paras. 44-45). The problem of firearms has also been raised in
the context of the right of the child to freedom from all forms of violence. While
characterizing conditions where guns and other weapons were easily available as harmful
environments for children, the Committee, in its general comment No. 13 (2011) on the
right of the child to freedom from all forms of violence, reaffirmed that States had the duty
to incorporate the protection of children into legislative, administrative, social and
educational measures and at all stages of intervention, from prevention to recovery and
reintegration.
46
47
See also general comment No. 35 (2014) on article 19 (liberty and security of person), para. 9.
Ibid.
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