A/HRC/26/36
is the most necessary. Local researchers should make this a priority. Moreover, law
faculties and other similar institutions around the world should make sure that the Code and
the Basic Principles are part of the curriculum.
114. In addition, awareness should be raised about the Code and the Basic Principles.
This should be done broadly within law enforcement agencies, governments, universities,
and society as a whole.
G.
Conclusions
115. There is considerable and widespread divergence between the international
standards regulating the use of lethal force by law enforcement officials and
accountability, and the domestic law in many countries.
116. Bringing domestic laws on the use of force into line with international
standards should be a top priority of States and of the international community.
117. As a starting point, all States should be asked the question whether their laws,
seen as a whole, recognize the “protect life” principle.
H.
Recommendations
1.
To the United Nations
118. United Nations bodies involved in human rights monitoring, including treaty
bodies, special procedures and the Universal Periodic Review, should closely
scrutinize the laws and practices of States. There should also be scrutiny of
mechanisms for accountability of law enforcement officials, in law and practice. The
failure of a State to put into place a legal framework for the use of force by law
enforcement officials that complies with international standards should be identified
as a violation of the right to life itself.
119. The Human Rights Committee should consider undertaking another General
Comment on the right to life. The Human Rights Council should consider appointing
an expert body to develop standards and guidelines on the range of less-lethal
weapons that would allow for a differentiated use of force consistent with
international rules and standards.
120. The United Nations should engage with regional, as well as domestic, human
rights initiatives, including academia, as entry points in order to ensure greater
compliance with and knowledge of the international standards.
2.
To States
121. Domestic laws regulating the use of force by law enforcement officials, where
necessary, be brought in line with international standards. These reforms should not
be limited to legislation alone, and include operational procedures and instruments for
training.
122. Proper consideration should be given to whether law enforcement officials are
properly trained and equipped to prevent situations where the need for the use of
force may arise, particularly when monitoring assemblies.
123. There should be a focus on effective independent accountability mechanisms.
This should be done in consultation with NHRIs or ombudsman offices and civil
society.
19
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