24 Resource book on the use of force and firearms in law enforcement Chapter 2. Human rights-based approach to law enforcement: legitimacy, non-discrimination and accountability A human rights-based approach to law enforcement is a comprehensive, systematic and institutional approach to law enforcement that is consistent with international human rights standards and practices.65 It promotes an analysis of policies and actions through the obligations to respect, protect and fulfil human rights, and encourages law enforcement officials to consider their work as duty bearers towards rights holders (the community). The principles of a human rights-based approach to law enforcement include: participation, accountability, non-discrimination and attention to vulnerability, linkages to human rights standards, access to public officials, and equality and gender sensitivity. This chapter further explores three cross-cutting elements related to legitimacy, non-discrimination, and transparency including openness to public scrutiny. For additional details, see OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials (2017). 2.1.  Legitimacy: law enforcement by consent rather than force Need for an overarching doctrine For law enforcement to act in a manner consistent with international standards and principles, as discussed in the previous chapter, law enforcement officials must understand their role in protecting, respecting and fulfilling human rights. Most law enforcement agencies have formulated a doctrine defining the mission for law enforcement, and the underlying values and purpose. Such a doctrine serves an important purpose in terms of transparency and accountability towards the community, while also providing a framework for conduct and oversight. 65  For more detail on a human rights approach to law enforcement, see also OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials, 2017, chapter 1 (Introduction to Human Rights and Law Enforcement). In literature the concept of “democratic policing” is also used. In a study reviewing 500 documents on police reform and “democratizing the police” four norms for democratic policing were defined: 1. Police must give top operational priority to servicing the needs of individual citizens and private groups; 2. Police must be accountable to the law, rather than to the government; 3. Police must protect human rights, especially those that
are required for the sort of unfettered political activity that is the hallmark of democracy; and 4. Police should be transparent in their activities; David Bayley (2001): Democratizing the police abroad: What to do and how
to do it, p. 13-14.