Inter-American Court of Human Rights: México requested an Advisory Opinion on the international responsibility of firearms manufacturers
Patricio Trincado Vera
International Justice and Human Rights Researcher
Global Human Rights Defence
On the 11th of November of 2022, the state of México requested from the Secretary of the Inter-American Court of Human Rights an Advisory Opinion on the activities of firearms manufacturers and their effect on human rights.
According to article 64.1 of the American Convention on Human Rights, the member states may consult the Court regarding the interpretation of the Convention or of other treaties concerning the protection of human rights in the American states. This faculty has been exercised many times in the past, furthering the Inter-American case-law on a variety of topics.
In this opportunity, the request of Mexico is based on the interpretation of the right to life and to personal integrity entailed in the American Convention, as well as on the right to life and articles 2 and 6 of the International Covenant on Civil and Political Rights. Mexico requested the Court to refer to the following specific issues that derive from these rights. First, the responsibility of private entities that manufacture firearms in relation to violations to the rights to life and personal integrity due to negligence when developing their commercial activities. Second, which efforts should member states take in order to guarantee judicial protection of the victims of such activities.
In accordance with article 73.3 of the Statue of the Inter-American Court, every interested party is invited to present their written opinion on the consultations requested by México. The deadline to send the written document is the 10th of July 2023.
Sources and Further Reading:
Inter-American Court of Human Rights (2022, November 11). Solicitud de Opinión Consultiva presentada por el Estado de México. Observaciones a la Solicitud de Opinión Consultiva. Retrieved March 22, 2023, from https://www.corteidh.or.cr/observaciones_oc_new.cfm?nId_oc=2629.