Running head: GUN VIOLENCE IN THE UNITED STATES 1

Gun Violence In the United States: A Human Rights Crisis

Alexis Teitelbaum

SPS 206 75 Genocide and Human Rights

Dr. O’Dell

December 4, 2018
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Table of Contents

Abstract ............................................................................................................................... 3

Gun Violence in the United States: A Human Rights Crisis ............................................... 4

The Right to Life ................................................................................................................. 4

Universality vs. Relativity of the Right to Life................................................................. 15

Gun Violence in the United States of America ................................................................... 5

Gun Violence and the Right to Life .................................................................................... 6

Universality vs. Relativity .................................................................................................. 7

Conflicting Rights ............................................................................................................... 8

What Can Be Done: Responses and Measures ..................................................................11

Conclusion ........................................................................................................................ 13

References..........................................................................................................................15
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Abstract

The issue of gun violence in the United States is an increasing human rights crisis. The

government’s refusal to enact measures to prevent or limit the amount of gun violence

throughout the country is arguably an infringement of the right to life, as it puts the safety and

security of American citizens at risk. However, this issue becomes complicated when

considering the civil rights outlined in the Constitution, which include the right to bear arms as

well as the right to life. Despite the complex nature of this human rights problem, several large

steps can be taken to ensure that gun violence is significantly curtailed.

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Gun Violence In the United States: A Human Rights Crisis

Amnesty International defines the current issue of gun violence in the United States as a

“human rights crisis” (Amnesty International, 2018). The United States has grappled with the

serious issue of gun violence for decades. It has found its way into every aspect of civilian life,

from schools and workplaces to grocery stores and places of worship. It is no question that the

subject of the constantly occurring firearm deaths throughout the entire country is a significant

social problem. However, it becomes a human rights issue when viewed as a possible threat to

the basic right to life. In this essay, I argue that gun violence is indeed a human rights crisis, and

explain the right to life on a universal and culturally relative basis, how gun violence violates this

right, and how the right itself conflicts with the civil rights outlined in the Constitution. I also

propose measures that the United States can take in regards to gun control and other services to

preserve the right to life while also maintaining the Constitution’s civil rights.

The Right to Life

The Universal Declaration of Human Rights, written in 1948 and the largest and most

comprehensive universal rights document in the modern world, states in Article III that

“everyone has the right to life, liberty and security of person” (United Nations, 1948). The right

to life, however, is not specifically defined in this document, or in any of the subsequent human

rights covenants. The Equality and Human Rights Commission describes it by stating that no one

has the right to end another person’s life, and that the government has the responsibility to go

one step further by “making laws to protect you and, in some circumstances, by taking steps to

protect you if your life is at risk” (Equality and Human Rights Commission, 2018). Furthermore,

the right to life is specifically defined by Amitai Etzioni as the right to be “free from deadly

violence, maiming, torture, and starvation” (Etzioni, 2010, p. 105). These two definitions provide
GUN VIOLENCE IN THE UNITED STATES 5

a decent basic understanding of this right as the ability to remain protected from harm that may

endanger one’s life.

Though all human rights are significant in upholding humanity, the right to life is of

particular importance. The right to maintain life is the most basic level of personhood, which all

other human rights, such as the right to education, health, and adequate shelter, stem from.

Because those who are deceased cannot exercise any sort of human rights, it is reasonable to

state that “when the right to life is violated…all other rights are undermined” (Etzioni, 2010, p.

105). The right to life holds this same level of importance in the United States, where it is

described in the Fourteenth Amendment of the Constitution: “No State shall make or enforce any

law which shall abridge the privileges or immunities of citizens of the United States; nor shall

any State deprive any person of life, liberty, or property, without due process of law” (U.S.

Const. amend. XIV). Since 1868, the year that this amendment was ratified, the Constitution has

officially recognized the right to life as a civil right for all people in the United States of

America. However, as seen in the quote above, the meaning of “life” is not specifically defined

in this amendment, which leaves the door open for violations such as gun violence to become

relevant points of discussion.

Gun Violence in the United States of America

Guns have played a prominent role in the United States since the founding of the country.

The Second Amendment of the Constitution, written in 1791, states that “a well-regulated militia,

being necessary to the security of a free state, the right of the people to keep and bear arms, shall

not be infringed” (U.S. Const. amend. II). The general thought process behind this amendment

was to ensure that early American citizens would have the ability to “defend themselves against

their rulers or they would lose their liberties and live in tyranny” (Cottrol, 1994, pp. 261). As the
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centuries have passed, however, American society has seen firearms used less to defend the

citizens against a tyrannical government, and far more used in deaths of innocent people of every

race, gender, age, and social class. Significant mass shootings in recent history include the

massacre at Columbine High School in 1999, the tragedy at a music festival in Las Vegas in

2017, and, perhaps most heartbreakingly, the murder of multiple elementary school students at

Sandy Hook Elementary School in 2012. Statistics from Everytown for Gun Safety show that

nearly one hundred Americans lose their lives to gun violence every day, and that the risk of

suicide triples when a person has access to a gun (Everytown, 2018). Comparatively, in 2016,

one hundred thirty homicides by handgun took place across all of Canada (Fletcher, 2018). When

compared to other developed nations, it becomes glaringly clear that the United States has a

problem with gun violence that is not universally experienced.

Gun Violence and the Right to Life

Gun violence has claimed the lives of thousands of people across the United States

simply over the last several years. As the number of gun deaths continue to climb on a yearly

basis, and the news continues to report incidents of violence at every conceivable location, it is

impossible to ignore the growing issue of gun violence as a human rights concern. Shortly before

the Las Vegas music festival shooting, the American Civil Liberties Union (ACLU) made the

decision to “distance itself from groups that protest with firearms” (Palazzolo, 2017). This

decision, which was outlined in numerous newspaper articles, is particularly significant to human

rights, as the ACLU focuses on protecting and defending the rights of American citizens.

This was not the first link between gun violence and human rights. Following the 2016

shooting at Pulse, a nightclub in Orlando, Florida, The Human Rights Campaign showed active

support for the victims. This instance, which included supporting the idea of “common sense”
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gun control measures, provided a clear link between violence inflicted by firearms to the idea of

human rights violations (Jones, 2016).

As gun violence continues throughout the country, and organizations and society as a

whole begin to link it to the concept of human rights, the connection to the specific right to life

begins to arise. As previously stated, the Equality and Human Rights Commission specifically

states that a nation’s government has the responsibility to create laws for protection if the lives of

their citizens are at risk. With the staggering amount of gun violence claiming lives of American

citizens on a weekly basis, it can easily be argued that the government’s refusal to enact laws to

potentially reduce these statistics can be considered a violation of the right to life. Although the

statistical risk of becoming a victim of gun violence is still small, it is not a practical guarantee

that one’s life will not be put at risk in this way when attending school, work, church, and so on.

As gun violence continues to remain prevalent across the United States, it becomes increasingly

obvious that the risks it leads to are putting the lives of citizens at a significant risk, as well as

inspiring widespread fear and paranoia, both of which negatively impact the quality of life.

Considering the damage that has been caused by firearms over the course of so many years,

along with the infringements on human rights that they cause, the major questions remains as to

why the United States has not enacted similar gun control measures that are seen in other

developed nations around the world.

Universality vs. Relativity

The guiding belief of human rights is that they are supposed to be a set of principles that

apply universally. In order for human rights to truly serve their purpose, they must apply to all

people, regardless of ethnicity, age, gender, and so on. The term “human rights” truly means the

rights that are awarded simply on the basis of being human. That said, the idea of universality in
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regards to rights such as the right to life is challenged by the idea of cultural relativism. Although

the universal right to life prohibits ideas such as slavery, torture, or “cruel, inhuman or degrading

treatment,” (Belo and Savcheva, 2011) these principles are not necessarily followed in every

culture across the world. As individual nations are still given much social and political power

over their citizens, it is currently impossible for the right to life to be upheld utilizing the same

standards on a global scale. For example, capital punishment is legal in numerous countries,

including parts of the United States. While this is a clear violation of the right to life as it is

described by both the Universal Declaration of Human Rights and the Equality and Human

Rights Commission, cultural relativism allows for this policy to continue. As Beto and Savcheva

state, “it is obvious that different countries evaluate life in different ways, applying different

moral and ethical considerations…we still witness constant expressions of cultural relativism”

(Beto and Savcheva, 2011). As with all human rights, while life is technically considered a

universal right, variations in cultures around the globe allow for it to be upheld in vastly different

ways.

Despite the clear statistics regarding gun violence in America, as well as the significant

risk posed to the lives of citizens, cultural relativism complicates the issue. The attitude

regarding guns in the United States represents a cultural attitude that is seen in no other

developed nation. Since the creation of the Second Amendment, citizens have placed a large

value on the ideas of protection and self-defense. The most common reason behind owning a

gun, in fact, is self-defense (Hawkins and Zimring, 1992, pp. 194). Other common societal

purposes for gun ownership are feelings of “insecurity or the need for a sense of control, mastery,

or power” (Cookie, 2000, pp. 424). Just as the implementation and protection of the right to life

varies between countries and cultures, views on guns and gun violence are dependent on society.
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While the majority of developed nations put into effect immediate gun control measures after

mass shootings took place, the culture surrounding guns in America prevented this. Guns are a

priority in the United States the way they have never been in many other countries, and in the

battle between gun violence and the right to life, both the government and society have allowed

the right to own firearms to come before protection of life.

Conflicting Rights Regarding Gun Violence

Though the right to life is often regarded as the baseline for numerous other human

rights, it is far from the only right that must be taken into account during a discussion of gun

violence. Possibly the largest conflict between rights comes from the contradiction between the

right to a protected life, as guaranteed by the Universal Declaration of Independence, and the

civil right to bear arms, as outlined in the Constitution. The United States Constitution is

regarded as the country’s most significant civil rights document. It was ratified during the

founding of the United States, and the Second Amendment has remained untouched since its

creation. The phrase “the right of the people to keep and bear arms” (U.S. Const. amend. II)

directly gives citizens the right to purchase and maintain firearms. In an era of gun violence, the

civil right to own and carry a gun seemingly contradicts with the universal human right to live

safety and securely without risk of harm or death.

One major aspect of this contradiction relates back to the idea of universal and culturally

relative rights. The Constitution contains civil rights, meaning that they are only applicable to

citizens of the United States. Though several amendments do apply to noncitizens as well, the

Second Amendment is not one of them. Therefore, undocumented immigrants and other visitors

to the country do not maintain the right to purchase and bear arms. However, the right to life, as

outlined in the Universal Declaration of Human Rights and the Fourteenth Amendment of the
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Constitution, is a principle that everyone is entitled to, regardless of citizenship (Sherman, 2017).

Henceforth, while the right to bear arms does not apply to every person living in the United

States, the right to life does. This raises the question of whether a right that is enjoyed by a

greater population of people should outweigh one that is only applicable to a limited number?

Another concept that relates to the idea of conflicting rights is the ratification of various

human and civil rights documents. The Second Amendment was ratified in the late eighteenth

century. This means that it has been officially adopted by the nation, and has become the law. On

the other hand, though the United States was an instrumental player in the creation of the

Universal Declaration of Human Rights (UDHR) in 1948, it has yet to ratify the document.

Because of this, the UDHR is not officially the law in any part of the country, and the United

States is not legally required to uphold its articles, though the United Nations may intervene if

they believe that human rights violations are taking place. As it stands, the civil right for firearm

ownership is currently legally required, whereas the supposed universal right to life as outlined

in the UDHR is not.

The 1948 document is not the only treaty that guarantees the right to life, however. The

Constitution itself mentions this right in the Fourteenth Amendment, which also promises due

process and protection under the law. It would seem, then, that this right would automatically

outweigh the right to bear arms, as it is widely believed that the right to life is the basis on which

all other rights are built. However, several problems arise when looking at the issue from this

perspective. Firstly, the right to life as outlined in the Constitution is extremely vague, offering

no further details as to what this right entails. It merely states that all people are given the right to

life, but does not, as the UDHR and the Equality and Human Rights Commission do, provide

information about what specifically falls under this entitlement. Also, though strong arguments
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may be made for one right having a sense of power over another, this does not apply on a legal or

official basis. Overlooking the right to own guns in order to protect the right to life would violate

the ratified Second Amendment of the Constitution, and would therefore be unlawful. If the issue

of gun violence is going to be addressed, it must incorporate a balance between the two rights

without clearly infringing upon the other, the way that the almost completely unrestricted access

to guns is doing now.

When considering the conflicting rights wrapped up in the issue of decreasing gun

violence, perhaps the most glaring question that remains is this: Do guns make people more or

less safe? The opinions of both citizens and lawmakers vary on this, with some claiming that

guns provide necessary and life-saving self-defense, and others asserting that their very presence

in any given situation increases chances of harm. Safety relates directly to the right to life as

outlined in virtually every given definition. When the conflict between the civil right to bear

arms and the universal human right to life is addressed, it must come down to the effect that guns

have on the safety of humanity, and measures must be taken to increase this protection.

What Can Be Done: Responses and Measures

Though it is clear that there is a large clash between the Constitution and the Universal

Declaration of Human Rights, as well as between the amendments in the Constitution itself, this

does not mean that nothing can be done to decrease gun violence throughout the country. Over

the years, federal gun control measures have been suggested that leave the Second Amendment

intact. Recommendations of background checks, waiting periods before purchasing, and a ban on

assault weapons are all measures that have been utilized in other developed nations that have led

to a major decrease in gun-related deaths (Masters, 2017). Though these regulations would limit

the variety of firearms for sale and who could purchase them, none of them directly contradict
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the Second Amendment. While the amendment does refer to the right to bear arms, several

limitations are already in place today. Children under the age of eighteen are prohibited from

legally owning firearms, as is anyone who has been convicted of a crime. As there are already

restrictions placed on gun ownership without harm to the Second Amendment, it is not

automatically unlawful to create further laws of this nature. Also, the amendment itself blatantly

contains the wording “well-regulated militia” (U.S. Const. amend. II), which implies some

amount of regulation. Therefore, the idea that any amount of gun control measures would

instantly violate the Constitution is unfounded.

One common recommendation is that purchasing a gun should be likened to becoming a

legal driver (Time). In order to do so, one must not only be a certain age, but must acquire a

license by completing training in driving a car and passing both written and field testing. If

similar measures were enacting for becoming a legal firearm owner, citizens would be required

to go through training in order to learn to properly handle and store a gun. It would also be

essential that they pass a test proving that they are capable of these actions, which would ensure

that the majority of gun owners are responsible and have a decent understanding of how to use

their own lethal weapons. This would, without a doubt, decrease the number of accidental

shootings that take place every day, and none of these measures would violate the Second

Amendment. The right to own and carry firearms would still remain intact, but simply with

additional measures which would also increase the safety and protection that is guaranteed by the

right to life. In fact, these gun control methods actually bring the United States closer to

following the actual wording of the Constitution and its clear referral to a “well-regulated”

militia.
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Direct gun control is not the only measure that could be taken to decrease gun violence

and improve the assurance of the right to life. The improvement of mental health services, as

well as the promotion of mental well-being, are linked to a fewer amount of gun-related injuries

and deaths, indicating that another area of expansion for the United States should be its

healthcare system and available mental health services (Prevention Institute). Security measures

such as metal detectors are also beneficial in the prevention of mass shootings, as well as

creating an increased feeling of safety for civilians.

Conclusion

Gun violence in the United States of America is an undoubtedly complicated issue that

relates to both civil rights and universal human rights. As the number of gun deaths continue to

climb each year (Injury Facts), it is becoming clear that that the right to life is being threatened

all across America, particularly through the government’s refusal to protect its citizens from gun-

related deaths by instituting new policies and laws that would potentially reduce this violence.

Two concepts that complicate this issue further are the culture surrounding guns in America,

along with the cultural relativity surrounding the right to life, and the civil right to bear arms that

is protected in the Constitution. However, this does not mean that nothing can be done to curtail

the horrific amount of gun violence that is seen throughout the country on a daily basis. Certain

gun control measures, including background checks and waiting periods, along with improved

firearm training and mental health services, could all be enacted without preventing access to

gun ownership and therefore violating the Constitution. That said, more research could certainly

be done on specific safety measures that could be taken in certain environments, such as schools

or churches, along with their past effectiveness on curtailing gun violence. More thorough

research also needs to be conducted on whether the presence of firearms increases or decreases
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civilians’ overall safety. Overall, the right to life is the most basic and fundamental human right

in existence, and it is time that the United States gives this right the consideration it deserves by

improving the safety and protection of its people from gun violence.
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References

Article 2: Right to life. (2018, February 24). Retrieved November 13, 2018, from Equality and

Human Rights Commission website: https://www.equalityhumanrights.com/en/human-

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Belo, E., & Savcheva, T. (2011). Value of Human Life: Different Cultures, Different

Values? Journal of Multidisciplinary Research (1947-2900), 3(3), 143–146. Retrieved

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Cookie, C. A., & Puddifoot, J. E. (2000). Gun Culture and Symbolism Among U.K. and U.S.

Women. Journal of Social Psychology, 140(4), 423–433. Retrieved from

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Cottrol, R. (Ed.). (1994). Gun control and the constitution. New York City, NY: Garland.

Etzioni, A. (2010). Life: The Most Basic Right. Journal of Human Rights, 9(1), 100–110.

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Fletcher, R. (2018, August 30). Canada gun facts. Retrieved November 28, 2018, from CBC

website: https://www.cbc.ca/news/canada/calgary/canada-gun-facts-crime-accidental-

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Gregory, S., & Wilson, C. (2018, March 22). 6 real ways we can reduce gun violence in America.

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Masters, J. (2017, November 14). U.S. gun policy: Global comparisons. Retrieved November 28,

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