A/HRC/42/21
12.
In the United States of America, for example, Stand Your Ground laws in several
states permit individuals to use force, including lethal force with a firearm, to defend
themselves, without any obligation to retreat, so long as they are in a place that they have a
right to be in and are not engaging in illegal activity. 14 This loose formulation of the
principle of self-defence ignores the general duty under international law to avoid the use of
force where non-violent means of self-protection are reasonably available and to only use
lethal force if it is strictly unavoidable in order to counter an imminent threat of death or
serious injury to oneself or others. 15 Justified16 self-defence homicides increased by 75 per
cent in the 10-year period after Stand Your Ground laws were passed in the state of Florida,
United States.17 These laws have proliferated in recent years and 35 states of the United
States have enacted some version of Stand Your Ground laws.18
13.
Civilian acquisition, possession and use of firearms also has an impact on the right
to life by facilitating suicides and causing deaths by stray bullets. In Switzerland, where the
rate of firearm possession is high relative to other central European countries, research has
shown that restricting access to firearms is essential for reducing firearm suicides. 19 Deaths
by stray bullets are common in Latin America and the Caribbean, where they killed 371
individuals in 2014 and 2015.20 In 2011, Colombia registered 57 deaths by stray bullets
from New Year celebrations alone.21
14.
When civilians have access to firearms, the risk of physical and mental injury is
increased. It is stated in article 9 of the International Covenant on Civil and Political Rights
that everyone has the right to security of person. 22 The Human Rights Committee has
emphasized that this right protects individuals against unjustifiable and intentional
infliction of bodily or mental injury by any governmental or private actors. To safeguard
this right, States must protect individuals from foreseeable threats to their life or their
bodily integrity, including by protecting their populations against the risks posed by
excessive availability of firearms. 23 While very few countries have sophisticated,
nationwide data on non-fatal firearm injuries, the Small Arms Survey has estimated that
anywhere between 500,000 and 750,000 people worldwide survive firearm injuries
sustained in non-conflict settings every year.24
15.
When individuals use firearms to selectively attack members of a particular religious
group, it impacts the right to freedom of thought, conscience and religion. 25 In its general
comment No. 22 (1993) on the right to freedom of thought, conscience and religion, the
14
15
16
17
18
19
20
21
22
23
24
25
4
high rates of civilian firearm ownership because many individuals acquire, possess and use firearms
to defend themselves against the threat of firearms by others. Costa Rica concurs in its contribution,
asserting that most of its inhabitants acquire firearms for self-defence purposes and noting that 70 per
cent of homicides committed within its borders were committed with a firearm in 2017.
See https://lawcenter.giffords.org/gun-laws/policy-areas/guns-in-public/stand-your-ground-laws/.
See the contribution of Amnesty International, citing the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, special provisions, No. 9.
In this context, “justified” refers to homicides that were legally justifiable in the state of Florida under
its Stand Your Ground laws.
See the contribution of Amnesty International, citing David K. Humphreys, Antonio Gasparrini and
Douglas J. Wiebe, “Association between enactment of a ‘Stand Your Ground’ self-defence law and
unlawful homicides in Florida”, JAMA Internal Medicine (October 2017).
See the contribution of Amnesty International.
Nina Thoeni et al., “Suicide by firearm in Switzerland: who uses the army weapon? Results from the
national survey between 2000 and 2010”, Swiss Medical Weekly (23 September 2018).
United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the
Caribbean, “Balas perdidas II: análisis de casos de balas perdidas reportados en medios de
comunicación en América Latina y el Caribe (2014–2015), p. 12.
United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the
Caribbean, “Women and children first: armed violence analysis of media reporting of deaths and
injuries caused by stray bullets in Latin America and the Caribbean (2009–2013), pp. v and x.
See art. 9 (1).
See the Committee’s general comment No. 35 (2014) on liberty and security of person, para. 9. See
also the discussion on due diligence obligations of States to protect human rights in A/HRC/32/21,
para. 14.
“Non-lethal firearm violence”, Small Arms Survey research notes, No. 32 (July 2013).
International Covenant on Civil and Political Rights, art. 18 (1).
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