A/HRC/32/21
to identifying a framework for comprehensive legislation on domestic violence (see
E/CN.4/1996/53/Add.2, para. 38). The Special Rapporteur recommended including a
provision on automatic revocation of firearm licences in such legislation (see
E/CN.4/1999/68, para. 57).
22.
The Special Rapporteur has examined concrete cases where firearms have caused or
exacerbated human rights abuses (see A/HRC/17/26/Add.5 and Corr.1, para. 10 and
A/HRC/20/16, para. 68) and where the possession and use of arms (see
E/CN.4/2005/72/Add.2, para. 80) as well as their proliferation (see E/CN.4/2005/72/Add.3,
para. 10) were factors that generated and sustained violence and gender-based
discrimination (see A/HRC/29/27/Add.1, para. 30). While women suffered “hostile gun
displays” as a form of interpersonal violence (see A/HRC/17/26/Add.5 and Corr.1,
para. 10), easy accessibility of firearms also contributed to suicides among females (see
A/HRC/4/34/Add.2, paras. 77-79). The Special Rapporteur further examined the issue of
firearms in the context of cultural family practices. Looking into forms of masculinity, she
noted that “unless there is public education and campaigns to try and counter the negative
images of violent men as ideals for a society, the heroic male stereotype in many societies
may still be the one carrying the gun. Such an ideal has serious consequences for women
(see E/CN.4/2002/83, para. 108)”. She further noted that other, seemingly non-gendered
practices, such as a gun culture, also had consequences for gender-based violence (see
E/CN.4/1999/68/Add.2, para. 48).
23.
In all these cases, the Special Rapporteur recommended that the use of firearms
should be regulated and their misuse criminalized as measures to end impunity for violence
against women. In addition, remedies for victims of domestic violence should include
enhancing firearms control measures by ensuring an adequate background-check system to
capture all relevant elements that determine an individual’s suitability for gun possession;
periodic review of licences to determine continued suitability; clear gun removal policies
when intervening in domestic violence cases, including the possibility of removing guns
after the first notification of a domestic dispute; and the criminalization of the illegal sale of
firearms and of failure to report stolen guns (A/HRC/17/26/Add.5).
24.
Finally, the issue of civilian access to firearms has been raised within the framework
of the universal periodic review (see A/HRC/30/12, paras. 176.230-176.233 and
A/HRC/30/11, paras. 125.40 and 125.43). In addition to expressing concern over firearmrelated deaths and injuries, States recommended general measures to eliminate violence
committed using a firearm and to tackle the proliferation of firearms, as well as specific
steps such as expanding personal background checks for all persons seeking to acquire a
firearm, enhancing oversight over private security companies and putting in place stronger
safeguards to protect the safety of individuals.
Treaty-based United Nations human rights bodies
25.
Treaty bodies have addressed three issues related to the use of firearms by private
entities: the negative impact of firearms on human rights; the need to regulate civilian
access to firearms; and the human rights parameters of firearm transfers.
Negative impact of firearms on human rights
26.
The Committee on the Rights of the Child has stated in its general comment No. 9
(2006) on the rights of children with disabilities that the availability and accessibility of
small arms and light weapons is a major cause of disability. The impact of violence
committed with the use of firearms has also been considered by the Human Rights
Committee in the context of the protection of minorities, women and children, with
reference not only to the right to life, but also to the right to equality and non-discrimination
(see CCPR/C/USA/CO/4, para. 10). The Committee on the Elimination of Discrimination
8
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