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4. GENERAL CONSIDERATIONS PERTAINING TO LESSLETHAL WEAPONS AND RELATED EQUIPMENT
4.1 DESIGN AND PRODUCTION
4.1.1 Less-lethal weapons and related equipment intended for use in law
enforcement shall be designed and produced to meet legitimate law
enforcement objectives and to comply with international human rights law.
This duty applies to the State and its agents, and also to companies that
manufacture weapons for law enforcement.46
4.1.2 Public and private manufacturers of less-lethal weapons and related equipment
should bring specific risks to the attention of the purchaser and/or user and to
that of the public at large. States, law enforcement agencies and manufacturers
should be transparent about the technical specifications of weapons in use, while
respecting manufacturers’ intellectual property rights. At a minimum, all material
safety data sheets should be provided by the manufacturers for the purchaser
and/or user. Publicly available data should include each weapon’s design
features and parameters47 with a view to facilitating medical treatment and
public acceptance. Manufacturers should also identify and release all medical
studies and the names of the experts who have contributed to safety analyses,
indicating those who have received compensation for promoting their products.
4.1.3 The nature of law enforcement places special constraints on the extent to which
force may be delivered remotely.48 Among other reasons, this is because distance
is likely to reduce substantially the potential for assessing a situation that requires
a law enforcement intervention (such as the arrest of a criminal suspect), and then
for resolving it peacefully. In any event, an appropriate measure of human control
over the use of force in law enforcement should be ensured. This has significant
implications for the design of less-lethal weapons and related equipment.
See for example Guiding Principles on Business and Human Rights: Implementing the United
Nations “Protect, Respect and Remedy” Framework, OHCHR, Geneva/New York, 2011.
47
In the case of a chemical irritant, for example, this would encompass its strength and the
type of solvent used.
48
Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions
(A/69/265), paras. 77–89.
46
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