20 PACE has highlighted the “systematic and inappropriate use of tear gas” as a serious impediment to the full realization of the freedom of assembly.27 The United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement states that chemical irritants, including those delivered via handheld sprays, should only be used when there is an imminent threat of injury, and warns against repeated or prolonged exposure to irritants.28 The ODIHR Human Rights Handbook on Policing Assemblies sets out several situations where chemical irritants should not be used, including “as a means of dispersing a peaceful assembly, where there are older people, children or others who may have difficulty in moving away to avoid the chemicals, in confined spaces or in sports stadiums where exits are restricted and there is a danger of crush injuries”.29 The handbook also states that chemical irritant projectiles should never be fired at individuals, that there should be a clear and feasible escape route that does not lead towards police lines, and that medical assistance should be offered to those who need it.30 Similarly, the UNODC/OHCHR Resource Book on the Use of Force and Firearms in Law Enforcement states chemical irritants should not be used in confined spaces or against the same people several times in a short time period, and that chemical irritant grenades should not be used in wide areas against larger groups unless the level of violence has reached such a level that law enforcement officers cannot address the threat by limiting the use of force to target violent persons only.31 The UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association has warned that tear gas is indiscriminate in nature, failing to differentiate “between demonstrators and non-demonstrators, healthy people and people with health conditions”.32 Even the use of small, handheld sprays risks affecting innocent bystanders in a public gathering. Certain groups that are particularly at risk from the effects of chemical irritants, and for whom it may be life-threatening, include older people, children, pregnant women or people with respiratory problems. According to the American Academy 27 28 29 30 31 32 PACE, “Urgent Need to Prevent Human Rights Violations during Peaceful Protests”, Resolution 2116, 27 May 2016, para 5. UN, Guidance on Less-Lethal Weapons in Law Enforcement, op. cit., note 7, paras. 7.2.3 and 7.3.5. ODIHR, Human Rights Handbook on Policing Assemblies, op. cit., note 2, p. 79. Ibid., p. 80. UNODC & UN OHCHR, Resource Book on the Use of Force and Firearms in Law Enforcement, op. cit., note 24, p. 88. UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Report submitted to the Human Rights Council, 21 May 2012, UN Doc. A/HRC/20/27, para. 35, <https://w w w.ohchr. org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-27_en.pdf>.