A/HRC/32/21
31.
The Committee against Torture has also expressed the view that strict national
firearm control measures are necessary. In particular, it has approached the issue by looking
at the regulation of firearm users. The Committee, examining irregularities in the approval
of firearm licences whereby licences have allegedly been granted indiscriminately and the
firearms obtained therewith used to commit offences prohibited by the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, recommended
that a State should strengthen the administrative measures necessary to control the
indiscriminate issuance of firearms licences (see CAT/C/GUY/CO/1, para. 7). The
Committee on the Rights of the Child has expressed a similar view. Concerned about the
proliferation of firearms in a State, and particularly about the high proportion of children
carrying them (see CRC/C/OPAC/BGD/CO/1, para. 23),48 the Committee considered that it
was imperative to take all necessary measures to ensure that children did not have access to
small arms and/or light weapons and that those already in possession of weapons be
disarmed (ibid., para. 24).
32.
In view of the continuing high numbers of gun-related deaths and injuries in a State,
the Human Rights Committee enjoined it to take all necessary measures to abide by its
obligation to effectively protect the right to life and to curb gun violence, including through
the continued pursuit of legislation requiring background checks for all private firearm
transfers in order to prevent possession of arms by persons recognized as prohibited
individuals under the law; ensure strict enforcement of the relevant domestic legislation; 49
and review the “stand your ground” laws to remove far-reaching immunity and ensure strict
adherence to the principles of necessity and proportionality when using deadly force in selfdefence (see CCPR/C/USA/CO/4, para. 10).
33.
The Committee on the Rights of the Child expressed appreciation for States’ efforts
to collect small arms and light weapons in the hands of civilians (see
CRC/C/OPAC/BIH/CO/1, para. 24 (a) and (b) and CRC/C/OPAC/MNE/CO/1, para. 24) as
well as measures aimed at raising awareness on the risks and dangers of firearms, which
were elements of effective national arms control. The Human Rights Committee has
emphasized the imperative of weapon collection schemes in post-conflict settings (see
CCPR/C/AGO/CO/1, para. 12). Other recommendations made by the Committee on the
Rights of the Child regarding measures to curb the proliferation of private possession of
firearms have included international and regional cooperation with respect to the control of
and eradication of surplus small arms and light weapons, including those in the possession
of the civilian population (see CRC/C/OPAC/BIH/CO/1, para. 24 (a) and (b)). As a
measure of prevention, the Committee, in general comment No. 4 (2003) on adolescent
health and development in the context of the Convention on the Rights of the Child, also
recommended that States strictly control firearms in discharging its obligation to prevent
interpersonal violence. It further stated that one way to exercise strict governmental control
was by imposing controls on the illicit sale of firearms complemented by a policy to
eradicate and control the informal availability of firearms (see CRC/C/SLV/CO/3-4,
para. 32 and CRC/C/OPAC/LKA/CO/1, paras. 44-45).
34.
In examining the information provided by a State regarding the non-proliferation of
small arms, the Human Rights Committee expressed regret that the statistical data provided
on the number of crimes committed involving small arms, investigations undertaken,
prosecutions made, sanctions imposed on those responsible and measures taken to protect
its population against the insecurity caused by small arms were insufficient. The Committee
recommended that the State strengthen measures to collect small arms held by the
48
49
10
On the general question of the overproliferation of small arms in general, see CRC/C/SDN/CO/3-4,
paras. 74-75.
For example, the Domestic Violence Offender Gun Ban of 1996 (the Lautenberg Amendment).
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