PART I. SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT
1.4. Rights and obligations: respect, protect, fulfil
Human rights obligations are binding on all States and thus on all State organs and agents—
including law enforcement agencies. These obligations have implications for law enforcement
agencies at strategic, operational and tactical levels, and before, during and after the use of force.
Scarcity of resources is not an acceptable justification for failure to comply with these duties.
States, and hence State organs and agents, have the following obligations:44
•
They have a duty to respect human rights, i.e. they must refrain from unduly interfering with or curtailing the enjoyment of human rights.
•
They are obliged to take reasonable and effective measures to protect persons within
their jurisdiction against actions by third parties, including non-State actors that
threaten their human rights, including their life, limb or property.
•
They must fulfil human rights, that is, they must take positive action to facilitate the
enjoyment of basic human rights, through adopting appropriate legislative, administrative, budgetary, judicial, promotional and other measures. They must make sure that
people know about their rights and can indeed enjoy them and seek redress when
their right(s) have been violated.
RESPECT FOR THE RIGHTS OF LAW ENFORCEMENT OFFICIALS
While law enforcement officials are duty bearers with an obligation to protect the human rights of
others, they are rights holders as well and States have a responsibility to respect and protect their
rights too. This means for example that States have a responsibility to ensure that their law enforcement officials work under adequate conditions (including in terms of salaries, rest and vacation,
family protection); are well trained and equipped, including with self-protective equipment; that
operations are well-planned; and receive appropriate instructions, in order to avoid placing officials
in unnecessary danger. Moreover, there is a need to have an effective chain of command that allows
for clearly defined and delineated responsibilities and adequate control and oversight mechanisms.
Creating an environment in which law enforcement officials are aware of their rights and see their
rights and concerns respected is an important factor in ensuring they carry out their work with
confidence and with the commitment to protect the rights of others.a
a
For a more detailed overview of the rights of law enforcement officials, see OHCHR, Human Rights and Law Enforcement,
A Manual on Human Rights Training for Law Enforcement Officials, 2017, chapter 20 (Rights of Law Enforcement Officials).
44
See for example Human Rights Committee, General Comment 31, Nature of the General Legal Obligation
on States Parties to the Covenant, UnitedNations Doc. CCPR/C/21/Rev.1/Add.13 (2004).
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