RES/38/10 Human rights and the regulation of civilian acquisition, possession and use of firearms

GE.18-11904(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018 Agenda item 3

Resolution adopted by the Human Rights Council on 5 July 2018

38/10. Human rights and the regulation of civilian acquisition, possession and

use of firearms

The Human Rights Council,

Guided by the Charter of the United Nations and the Universal Declaration of

Human Rights,

Recalling the International Covenant on Economic, Social and Cultural Rights, the

International Covenant on Civil and Political Rights, other international human rights law

instruments and the Vienna Declaration and Programme of Action,

Recalling also General Assembly resolution 60/251 of 15 March 2006, and Human

Rights Council resolutions 5/1 and 5/2 and decision 5/101 of 18 June 2007, 16/21 of 25

March 2011, 26/16 of 26 June 2014 and 29/10 of 2 July 2015,

Recalling in particular that the Human Rights Council has the mandate to, inter alia,

serve as a forum for dialogue on thematic issues on all human rights,

Bearing in mind the adoption by the General Assembly of the 2030 Agenda for

Sustainable Development, 1 in particular Sustainable Development Goal 16 to promote

peaceful and inclusive societies,

Recalling that States bear the primary responsibility under international law to

respect, protect and fulfil all human rights, namely civil, political, economic, social and

cultural rights, and fundamental freedoms, and that such responsibility may include, as

appropriate, enacting and enforcing relevant national legislation and implementing related

policies and practices,

Reaffirming that everyone has the right to life, liberty and security of person and is

entitled to the realization of their economic, social and cultural rights, and to a social and

international order in which the rights and freedoms set forth in the Universal Declaration

of Human Rights can be fully realized,

Alarmed that hundreds of thousands of human beings of all ages around the world

continue to have their human rights, in particular their right to life and security of person,

1 General Assembly resolution 70/1.

United Nations A/HRC/RES/38/10

negatively affected by the misuse, intentional or unintentional, of firearms, which has direct

links to violence, including violence against women and children, and domestic violence,

Noting with concern that cases of civilian firearms-related violence cause death,

non-fatal physical injuries and psychological trauma, and may lead to severe disability and

an overall decline in a sense of public safety,

Recognizing that the costs generated by civilian firearms-related violence in terms of,

inter alia, medical treatment, mental health services and criminal justice might undermine

the capabilities of States to use their resources to further enhance the promotion and

protection of human rights and fundamental freedoms,

Recognizing also that national regulation of civilian acquisition, possession and use

of firearms includes appropriate measures to avoid illicit practices, including diversion of

firearms,

Recognizing further the importance of systematic measuring, monitoring and

reporting of civilian firearms related-violence for the enjoyment of human rights,

Acknowledging that effective national regulation of civilian acquisition, possession

and use of firearms may contribute positively to diminishing the number of victims of the

misuse of firearms, and may enhance the protection of all human rights, namely civil,

political, economic, social and cultural rights,

Acknowledging also the efforts made by different States at various levels, including

at the regional and subregional levels, to ensure that civilian acquisition, possession and use

of firearms in their respective societies are effectively regulated,

1. Reiterates its deep concern at the fact that hundreds of thousands of human

beings of all ages around the world have lost their lives or suffered injuries and

psychological harm by the misuse of firearms by civilians, thus having their human rights,

in particular their right to life and security of person, negatively affected;

2. Recognizes that civilian firearms-related violence and insecurity pose direct

risks to the right to life, security of person and physical integrity, and also affect other civil

and political, as well as economic, social and cultural rights, including the rights to health,

to education, to an adequate standard of living and social security and to the right to

participate in public, political and cultural life;

3. Calls once more upon all States to do their utmost to take appropriate

legislative, administrative and other measures, consistent with international law, in

particular human rights law, and their constitutional frameworks, in order to ensure that

civilian acquisition, possession and use of firearms are effectively regulated with the aim of

enhancing the protection of the human rights of all;

4. Calls upon States to ensure that regulations on civilian acquisition,

possession and use of firearms include appropriate measures to avoid illicit practices,

including diversion of firearms;

5. Also calls upon all States to take effective measures with the aim of

implementing the 2030 Agenda for Sustainable Development, in particular Sustainable

Development Goal 16, to promote peaceful and inclusive societies;

6. Welcomes the report of the United Nations High Commissioner for Human

Rights on human rights and the regulation of civilian acquisition, possession and use of

firearms, and the different ways in which firearms have been effectively regulated;2

7. Requests the High Commissioner to prepare a report on the impact of civilian

acquisition, possession and use of firearms on civil, political, economic, social and cultural

rights with a view to contributing to a fuller understanding of that impact by States and

other relevant stakeholders, and to the strengthening or developing of effective national

regulation and to other possible measures taken by States, and to present the report to the

Human Rights Council at its forty-second session;

2 A/HRC/32/21.

8. Invites all relevant special procedures, commissions of inquiry and human

rights treaty bodies, as well as the Office of the High Commissioner, to continue to bear in

mind the present resolution within the framework of their respective mandates;

9. Requests the Secretary-General to bring the present resolution to the attention

of all Member States;

10. Decides to remain seized of this issue.

37th meeting

5 July 2018

[Adopted without a vote.]