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26 QLR 385 (2007-2008)
Human Rights and Gun Confiscation

handle is hein.journals/qlr26 and id is 395 raw text is: HUMAN RIGHTS AND GUN CONFISCATION By David B. Kopel*, Paul Gallant**, & Joanne D. Eisen*** INTRODUCTION Everyone has the right to life, liberty and security of person, affirms Article 3 of the Universal Declaration of Human Rights.1 It is * Research Director, Independence Institute, Golden, Colorado; Associate Policy Analyst, Cato Institute, Washington, D.C.; www.davekopel.org. Author of The Samurai, the Mountie, and the Cowboy: Should America Adopt the Gun Controls of Other Democracies? (1992). Coauthor of the law school textbook Gun Control and Gun Rights (2002). ** Senior Fellow, Independence Institute, Golden Colorado, www.independenceinstitute.org. *** Senior Fellow, Independence Institute, Golden, Colorado. Coauthor (with Kopel and Gallant) of numerous articles on international gun policy in publications such as the Notre Dame Law Review and Brown Journal of World Affairs. The authors would like to dedicate this Article to the memory of Alan G. Eisen, a devoted husband who admired and supported Joanne's scholarship, and whose love of freedom and truth continues to inspire us. We would like to thank Sherry Gallant for editing assistance. 1. Universal Declaration of Human Rights, G.A. Res. 217A, at art 3., U.N. GAOR, 3d Sess., 1st plen. mtg., U.N. Doc. A/810 (Dec. 12, 1948). The Universal Declaration of Human Rights is not a legally binding treaty, but rather an aspirational standard. The hopes of Article 3 are reflected in a variety of later, legally-binding treaties, by which almost every government in the world has legally agreed to respect the rights of life, liberty, and security. See International Covenant on Civil and Political Rights, art. 6, cl. 1, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No.16), U.N. Doc. A/6316, 999 U.N.T.S. 171, Mar. 23, 1976; (Every human being has the inherent right to life.); id. at art. 9, § 1 (Everyone has the right to liberty and security of person.); European Convention on Human Rights § I, art. 2(1) (1950), available at http://www.hri.org/docs/ECHR50.htm (Everyone's right to life shall be protected by law.); id. § I, art. 5(1) (Everyone has the right to liberty and security of person.); Convention for the Protection of Human Rights and Fundamental Freedoms § I art. 2(1), Sept. 3, 1953, as amended by Protocol No. 11, entered into force January 1, 1990, 213 U.N.T.S. 222, available at http://wwwl.umn.edulhumanrts/instree/zl7euroco.html (Everyone's right to life shall be protected by law.); id. § I, art. 5, 1 (Everyone has the right to liberty and security of person.); Organization of American States, American Convention on Human Rights, Nov. 22, 1969, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123, July 18, 1978, available at http://www.hrcr.org/docs/AmericanConvention/oashr.html; id. at ch. 2, art. 4(1) (Every person has the right to have his life respected.); id. at ch. 2, art. 7(1) (Every person has the right to personal liberty and security.); African Charter on Human and Peoples' Rights, adopted June 27, 1981, entered into force Oct. 21, 1986, available at http://www.hrcr.org/docs/Banjul/afrhr.html; id. at ch. 1, art. 4 (Every human being shall be

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