18 Resource book on the use of force and firearms in law enforcement Any law enforcement official considering the use of force should consider the balance between the type and level of force used and the harm that it can cause for the subject with the threat posed by the subject. The law enforcement objective pursued is linked to the level of threat posed by the subject of the law enforcement action. Thus an important consideration when establishing the proportional response is the level of threat to life and property that is being experienced.48 Once the harm caused by the use of force outweighs the advantages of its use (the achievement of the law enforcement objective), use of force becomes disproportionate. This may require that the law enforcement official aborts the operation. For example, if catching a petty thief would require the use of firearms (i.e. potentially lethal force), law enforcement officials should refrain from using such force even if that means that the thief may escape. Domestic law should ensure that the principle of proportionality is duly considered in law enforcement and that officers do not incur negative consequences when aborting operations in such cases. In order to give meaning to the principles of necessity and proportionality, law enforcement officials should be able to choose from a range of instruments and techniques to use force in order to opt for the least intrusive and most proportional one in the circumstances to achieve the legitimate policing objective. Non-discrimination Non-discrimination is a fundamental aspect of all States’ obligation to respect, protect and fulfil their respective human rights obligations, and is essential for ethical, legal and democratic policing.49 As provided in article 2 of the Code of Conduct for Law Enforcement Officials and its commentary, in the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons. This means they have the duty to respect and protect the human rights of every person, without discrimination on the basis of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.50 This requires that the legal and operational framework developed protects against both direct and indirect discrimination.51 Direct discrimination occurs when the law treats a person less favourably because of a protected characteristic such as religion or sexual orientation, including when that characteristic is perceived, regardless of its actuality. Indirect discrimination occurs when an apparently neutral provision, criterion or practice puts a person with a particular characteristic at a higher disadvantage than others cannot be objectively justified. The principle of non-discrimination must also be built in the assessment of necessity and proportionality of the use of force to avoid that excessive or arbitrary force is used against a person out of prejudice or with discriminatory intent. 48  See Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/26/36), 1 April 2014, para. 65. 49  The principle of non-discrimination is considered to be customary law and is also enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights and all core human rights instruments. Various human rights treaties bind States parties to respect and ensure to all, without discrimination, that rights enshrined in the treaties as legally binding. This legal standard is found in article 2 (1) of the International Covenant on Civil and Political Rights and article 2(2) of the International Covenant on Economic, Social and Cultural Rights. See also International Covenant on Civil and Political Rights, article 26. 50  See ICCPR, article 26. 51  Committee on Economic, Social and Cultural Rights, General Comment No. 20, para. 10(a); Committee on the Elimination of Racial Discrimination, General Recommendation No. 32, para. 8.