Human rights and small arms


Preventing human rights abuses with guns
New principles will be considered by the UN Human Rights Council
The proliferation and misuse of small arms fuels many serious human rights violations. At the United Nations, this theme has been addressed by the UN Sub-Commission on the Promotion and Protection of Human Rights. On 24 August 2006 the Sub-Commission passed a resolution endorsing a set of fifteen principles to prevent human rights abuses with guns. The principles now go to the new UN Human Rights Council for adoption. The resolution is the highest level acknowledgement to date of the link between small arms control and human rights. It is especially welcome after the disappointing result of the UN Small Arms Review Conference in July. The principles are the result of five years of work by the UN Special Rapporteur on Small Arms and Human Rights, Professor Barbara Frey.

	Professor Barbara Frey UN Special Rapporteur, Small Arms & Human Rights In 2001, the UN appointed Professor Barbara Frey as its Special Rapporteur on the prevention of human rights violations with small arms and light weapons. Professor Frey is the Director of the human rights program at the University of Minnesota. She presented her final report to the last session of the Sub-Commission in August 2006.
Reports of the UN Special Rapporteur on Small Arms and Human Rights:
2006 report (English) 2006 informe (español) Examining the use of guns by civilians and armed groups, the UN Special Rapporteur concludes that there is no 'right' to self-defence under international human rights law. When someone uses a gun in self-defence, they can only use the principle of self-defence to establish that they have not committed a crime (eg their life was in danger). Even if there were a 'right' to self-defence, this does not affect governments' responsibility to prevent guns being misused. Recommendations include licensing of private gun possession to prevent guns being used to violate human rights. In particular, the Special Rapporteur concludes that governments have a duty to protect the groups most vulnerable from gun violence, including victims of domestic violence.
2004 report Focusing on the impact of guns in armed conflict, the Special Rapporteur recommends that governments adopt the Arms Trade Treaty, to ensure a common global standard to prevent the transfer of arms likely to be used to commit serious violations of international human rights law. The Special Rapporteur also focuses on the role of women in preventing armed conflict and recommends that women be involved in all levels of policy regarding gun violence prevention, and urges initiatives to break the perceived link between guns and masculinity.
2003 report While covering a wide range of human rights violations, this report focuses particularly on abuses committed by state agents (eg police). One of the key recommendations is that governments incorporate into their own laws the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
2002 working paper Providing a survey of international human rights law relating to gun proliferation and misuse, the UN Special Rapporteur also recommends that the organisations responsible for monitoring human rights treaties should specifically report on misuse of guns to commit human rights violations.