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1.4 The Guidance is based on international law, in particular international
human rights law and law enforcement rules, as well as good law
enforcement practice. It may assist in the application and implementation
of the rules of international human rights law, especially those pertaining
to the rights to life, to freedom from torture or other forms of cruel,
inhuman or degrading treatment or punishment, and to security of person,
and to the right of peaceful assembly.8 The Guidance supplements and
complements the standards laid down in the Code of Conduct for Law
Enforcement Officials (Code of Conduct)9 and the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials (Basic
Principles).10
1.5 The Code of Conduct requires that, in the performance of their duty, law
enforcement officials respect and protect human dignity and maintain
and uphold the human rights of all persons.11 The Basic Principles
call on States and law enforcement agencies to develop “non-lethal
incapacitating weapons for use in appropriate situations, with a view
to increasingly restraining the application of means capable of causing
death or injury to persons”.12 They also call for the development and
deployment of such weapons to be “carefully evaluated in order to
minimize the risk of endangering uninvolved persons”, and affirm that
“the use of such weapons should be carefully controlled”.13
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These rights are protected for example in articles 6, 7, 9 and 21 of the International Covenant
on Civil and Political Rights and in regional human rights treaties.
Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in its
resolution 34/169, without a vote, on 17 December 1979.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, welcomed by
the General Assembly in its resolution 45/166, adopted by the Assembly without a vote on
14 December 1990.
Code of Conduct, article 2.
Basic Principles, principle 2.
Basic Principles, principle 3.
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