A/HRC/42/21
has specific impacts on the human rights of women, children and adolescents, and
ethnic minorities, as highlighted in the report.
62.
Given the potential harm and devastating impact of the misuse of firearms on
the enjoyment of human rights, legislation and public policies concerning civilian
access to firearms should be formulated and reviewed with a human rights lens.
63.
The High Commissioner’s report submitted to the Human Rights Council in
2016 recommended the adoption of several regulatory measures related to civilian
access to firearms, which contribute to the protection of human rights 113 and which
should be considered in conjunction with the following additional measures to
establish a comprehensive approach for safeguarding human rights from the negative
impact of firearms:
(a)
Commission comprehensive public studies on the human rights impact
of civilian acquisition, possession and use of firearms, in order to facilitate evidencebased policymaking.
(b)
Adopt legislation that requires thorough background checks of all
potential firearm purchasers or recipients of firearm transfers, prior to the execution
of any sale or transfer, which, at a minimum, include consideration of the person’s
prior criminal record, particularly for violent offences; being under indictment for a
crime involving a violent offence; history of gender-based, sexual or domestic
violence; and medical conditions, including history of drug or alcohol abuse or mental
health issues that might lead to self-harm or harming others;114
(c)
Adopt legislation that requires the safe and secure storage of all
firearms, aimed at protecting individuals, especially children, from injuring
themselves and others;115
(d)
Adopt legislation that imposes appropriate penalties and/or
administrative sanctions for the unlicensed discharge of firearms for celebratory 116
purposes;117
(e)
Adopt legislation that counters the illicit flow of firearms and
ammunition, and promotes responsibility in international transfers of conventional
arms, by emphasizing adherence to international human rights law, including by
signing and ratifying the Arms Trade Treaty;118
(f)
Review rules governing the use of force in self-defence to ensure that
they conform with international human rights law, and, in particular, repeal overly
permissive self-defence laws;119
(g)
Implement programmes that bring together social services, health-care
and law enforcement professionals and community workers to address and counter
the root causes of firearm violence among civilians, especially among children and
adolescents who are particularly vulnerable to recruitment into gangs and other
forms of organized crime.
113
114
115
116
117
118
119
14
A/HRC/32/21, para. 54.
To be read in conjunction with recommendations (a) and (b) from A/HRC/32/21 (see para. 54).
To be read in conjunction with recommendation (a) from A/HRC/32/21 (see para. 54).
“Celebratory purposes” in this context includes all attempts to observe or rejoice a day or event
through the discharge of a firearm.
To be read in conjunction with recommendation (a) from A/HRC/32/21 (see para. 54).
To be read in conjunction with recommendation (c) from A/HRC/32/21 (see para. 54).
To be read in conjunction with recommendation (c) from A/HRC/32/21 (see para. 54).
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