A/HRC/32/21
53.
Human rights law requires States to protect people from harmful private
activities and to adopt appropriate regulatory and institutional frameworks. In the
light of the harmful impact of firearms-related violence on a range of human rights,
the High Commissioner reiterates the call of United Nations and regional human
rights mechanisms for States to regulate the civilian acquisition, possession and use of
firearms. Alongside preventive measures, States must provide victims of firearms
violence with effective measures of protection and reparation, including access to
adequate health care to ensure that they have the best possible chances of survival and
rehabilitation. In particular, States must protect women and children who are
particularly affected by the harmful impact of both lawful and illicit firearms
possession.
54.
On the basis of State practice, international and regional agreements and
instruments and human rights mechanisms, the following measures that contribute to
the protection of human rights can be identified:
(a)
Adoption of adequate laws, regulations and administrative procedures to
exercise effective control over the legal possession of firearms by all persons and
companies under a State’s jurisdiction through licensing, registration, monitoring,
auditing and mandatory training;
(b)
Creation of a licensing system that lays down clear criteria with respect
to a previous criminal record, relevant restraining orders or mental health conditions
in order to prevent persons who pose a significant risk of misusing firearms from
possessing them;
(c)
Imposition of appropriate penalties and/or administrative sanctions for
offences involving the misuse or unlawful possession of firearms, the illicit sale of
firearms and the unauthorized international transfer of firearms.
55.
Firearm violence and the underlying proliferation of firearms, including illicit
firearms, must be systematically measured, monitored and reported. While the
primary responsibility lies with State authorities, United Nations and regional bodies
and mechanisms and members of civil society, including human rights defenders, play
an important role in this regard. States should systematize monitoring of and
reporting on human rights violations and abuses committed with or facilitated by
firearms, including the human rights impact of civilian access to firearms. Findings
and recommendations of the United Nations mechanisms provide a useful baseline in
this regard.
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