40 Resource book on the use of force and firearms in law enforcement CHAPTER KEY MESSAGES • Key elements of an effective human rights-based approach to law enforcement include legitimacy, non-discrimination and public scrutiny. • A human rights-based approach to law enforcement functions on the basis of consent. • The best way to preserve life and protect and respect the physical and mental integrity that is an inherent right of any human being is through preventing the use of force. • Whenever possible, conflict situations should be managed using alternative conflict resolution skills, such as mediation and negotiation. In this way, law enforcement can acquire legitimacy and build public trust—both key conditions for law enforcement effectiveness. • Legitimacy is strengthened by carrying out law enforcement functions in a fair, effective and non-discriminatory manner in line with the law, including human rights law, and taking into account relevant and applicable standards and norms on crime prevention and criminal justice; establishing contacts with the community; being responsive to individual and community needs; involving the community in setting policies and priorities; and acting with integrity and being accountable. • Important indicators of a human rights-based approach to law enforcement are how law enforcement officials deal with groups that are particularly at risk of human rights violations and abuses. • Law enforcement agencies tend to mirror the society in which they operate. Law enforcement officers should be trained to effectively and equitably interact with a diverse population. • Groups that are typically more vulnerable to abuse of force from law enforcement officials, include members of ethnic, religious, linguistic or other groups or minorities; women; children; LGBT persons; people with mental disabilities. Governments and law enforcement agencies need to identify and address key factors that create and perpetuate the vulnerability of such groups and their exposure to abuse of force. • Key elements of an effective strategy to prevent abuse of force against groups at risk include outreach, training and awareness-raising, as well as effective monitoring and oversight. • Law enforcement officers should refrain from profiling based on race, religion and other discriminatory grounds at all times, and be able to justify a decision to stop and search, if and when required. Detailed guidance should be developed for stop-and-search practices with clear and precise standards and guidance in order to combat bias-based profiling. • Law enforcement agencies should be open to public scrutiny and responsive to the public. • Human rights defenders as well as journalists and other media workers play vital roles in holding law enforcement agencies to account. Fostering a good relationship with human rights defenders and journalists helps reaching law enforcement goals in an effective manner.

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