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of Paediatrics, “Children are uniquely vulnerable to physiological effects of chemical
agents. A child’s smaller size, more frequent number of breaths per minute and
limited cardiovascular stress response compared to adults magnifies the harm of
agents such as tear gas.”33
What monitors should observe and record
• In what circumstances were the chemical irritants used?
• What means of delivery were used (e.g., handheld aerosol spray, larger sprayer,
launched projectile, hand-thrown or launched grenade, water cannon)?
• What did the projectiles/grenades look like? Monitors should try to record the
shape and size, and to take images or video, focusing on any logos, names or
other markings that might identify the manufacturer or model.
• Were the chemical irritants used to target individuals engaging in violent behaviour
or used indiscriminately against the gathering?
• At what range were the chemical irritants deployed?
• Were chemical irritants used in a confined or an open space? Was a clear and
feasible escape route to a safe space available?
• Were there any vulnerable people (e.g., children, persons with disabilities or
elderly persons) present and affected?
• Were the same people targeted more than once in a short space of time?
• Was anyone directly hit by a launched chemical irritant projectile?
• Was a warning issued before the use of chemical irritants? How much in advance
of the use was the warning issued?
• Was medical help provided (by the police, medical service) to those affected by
the chemical irritants?
Illustrative examples of health and human rights implications
The excessive and inappropriate use of tear gas and pepper spray during protests
in a participating State in 2013 elicited an urgent reaction by several Special Procedures mandate-holders. Human rights organizations reported on the firing and
throwing of chemical irritant cartridges and grenades into confined spaces, such as
residential buildings where protesters had sought refuge, and the repeated use of
tear gas at the entrance of, or inside, makeshift health clinics where injured people
were being treated. According to reports, police repeatedly used handheld pepper
33
Kraft, C. A., “AAP Statement in Response to Tear Gas Being Used against Children at the U.S. Southern Border”, American Academy of Paediatrics, 26 November 2018, <https://w w w.aap.org/en-us/
about-the-aap/aap-press-room/Pages/A AP-Statement-in-Response-to-Tear-Gas-BeingUsed-Against-Children-at-the-U-S-Southern-Border.aspx>.
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