Displaying 43426 - 43450 of 58126 recommendations found
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Abortion
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:The HR Committee noted with concern that the voluntary termination of pregnancy was an offence under the Criminal Code, reportedly leading women to seek abortions abroad, which could put their life and health at risk. While noting the information from San Marino that a “state of necessity” was provided for in article 42 of the Criminal Code as a justification exempting from punishment anyone forced to commit an offence in order to protect himself or herself or others from the risk of serious personal harm, the Committee was concerned that no exceptions to the general legal ban on abortion were explicitly recognized in the Criminal Code. [Para 18]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:QuestionSession:34th Session, November 2019Status:N/AContents:What is the Government of San Marino doing to ensure access to sexual and reproductive health services for all women and girls? -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Other
- Rights of same-sex desiring persons
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To put in place measures to protect members of non-conventional family models from discrimination in terms of employment, immigration, family-related social welfare and other public benefits.ExplanationThe special role played by the family has always been recognised in the Republic of San Marino, since it is a fundamental and highly valuable unit of society. According to the family law presently in force, family is based on marriage, which is defined as the "union between a man and a woman, based on the free and responsible choice and on the moral and legal equality of both partners" (Art. 1 of Law no. 49 of 26 April 1986). The San Marino Welfare State provides for several social benefits and assistance measures to support also non-conventional family models. However, there are still differences between traditional family models based on marriage and other models. Therefore, the Republic of San Marino is not in a position to accept Recommendations 28/29/30.ImplementationNational Report:
Para 73) San Marino continues to protect the institution of the family, understood as a union between a man and a woman which includes children born or adopted during the marriage ...
Stakeholder Summary:
Para 8) CoE-ECRI noted that a law amending the Criminal Code with new provisions against discrimination based on ... sexual orientation grounds had been passed ... -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Gender equality
- Gender perspective in policies, programmes
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To establish a high-level platform for the monitoring and promotion of women's rights and gender equality, and to ensure that a gender perspective is mainstreamed in policy- and decision-making.ExplanationSan Marino is not in a position to accept recommendations Nos. 3 and 4 above, because three institutions in place - namely, the Ministry for Health, Social Security, Family, Social Affairs and Equal Opportunities; the Authority for Equal Opportunities; and the Equal Opportunities Commission %u2013 already perform, under their respective mandates, the functions of protecting, promoting and monitoring women%u2019s rights. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:MoroccoMoroccoRegional groupAfrica GroupPolitical groupOICALOIFIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To ratify OP-CRC-SCImplementationNational Report:
Para 18) On 21 July 2011, San Marino ratified the two OPs to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography ... The two Protocols entered into force for San Marino on 26 October 2011. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Early marriage
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:Law No. 49 of 26 April 1986 on Family Law, in setting forth the subjective requirements for spouses, stipulates that marriage cannot be contracted by a minor, unless the minor is at least 16 years old and has been authorised by a judge to marry on serious grounds, or by a person in respect of whom a judgment for disqualification has been passed or is pending. [Para 109] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Ensure respect for minorities, especially sexual minorities.ImplementationNational Report:
Para 29) The fundamental principle of equality expressed in Art. 4 of the Declaration on the Citizens’ Rights is further applied in concrete terms in Law no. 66 of 28 April 2008 "Provisions on racial, ethnic, religious and sexual discrimination", which supplemented the provisions of the current Criminal Code. A new offence was introduced with Article 179 bis, which punishes anyone disseminating by any means ideas based on racial or ethnic superiority or hatred, or inciting someone to commit, or committing discriminatory acts on the grounds of race, ethnicity, nationality, religion or sexual orientation. This offence can be prosecuted ex officio. Article 179 bis was then amended with Law no. 57 of 6 May 2016 "Rules adjusting San Marino legal system to the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence" by introducing the prohibition of discrimination based on gender identity.
Para 28) … Moreover, Article 235 of the Criminal Code has been amended in relation to family maltreatment, also introducing the offence of domestic violence, and Article 179 bis of the Criminal Code has been supplemented with the prohibition to discriminate based on gender identity.
Para 46) As already mentioned, Law no. 57/2016 introduced the prohibition of discrimination based on gender identity.
Para 47) With Law no. 147 of 20 November 2018, San Marino has introduced a completely new and modern institution, mainly for the protection of same-sex couples, i.e. the "Law regulating civil registered partnerships", under which the legal system recognises equal dignity, rights and safeguards to civilly registered partners, both homosexual and heterosexual couples, compared to married ones. Citizens who decide to register their partnership civilly, in accordance with the aforementioned Law and its Regulation, acquire the same status as married couples in terms of residence and succession, cohabitation, mutual assistance, inheritance rights and other matters, whether the couple is of the same sex or of a different sex.
Para 48) Sexual education programmes are carried out in schools at all levels where education is compulsory, accompanied by emotional education programmes: these two aspects are never separated from each other in view of an integrated and complex education. Moreover, in this regard, programmes are implemented concerning education on respect for others, non-violence, as well as inclusion and solidarity amongst peers. The “Curriculum of education to citizenship” has been introduced as part of the ongoing reform of San Marino school curricula. This curriculum expressly provides for knowledge of LGBT rights.
UN Compilation:
Para 9) While taking note of the existing legal provisions against discrimination, the Human Rights Committee was concerned that San Marino had not yet adopted comprehensive antidiscrimination legislation and that articles 90 and 179 bis of the Criminal Code relating to discrimination only referred to discrimination based on racial, ethnic, national, religious and sexual orientation grounds and not other grounds for discrimination, such as gender identity.
Para 11) The OHCHR Regional Office for Europe noted with concern that same-sex couples did not have the right to adopt children, marry or obtain another form of legal recognition of their relationships in San Marino.
Stakeholder Summary:
Para 18) CHR of CoE observed that while discrimination, hate speech and hate crimes on the basis of sexual orientation had thus become criminal offences, no similar provision existed for gender identity or sex characteristics. The Commissioner also observed that there was no constitutional or other provision expressly providing for equality before the law irrespective of sexual orientation, gender identity or sex characteristics, nor specific civil or administrative law provisions explicitly prohibiting discrimination on these grounds in the field of employment, access to goods or services, or any other area.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:20th session, November 2014Status:NeglectedContents:... Protect girls and women with disabilities [from gender-based and domestic violence], and to help girls and women gain access to assistance. [Para 9] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:ChinaChinaRegional groupAsia-Pacific GroupIssue:
- Women's and / or girls' rights
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue to effectively implement policies and measures of protection of the rights of women, children and people with disabilities.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Strengthen the participation of women in political life as voters, candidates, elected representatives and public officials and eliminate all obstacles that impede their equal participation.
Explanationthe San Marino legal system already contains measures to increase the representation of women in political life, such as the mandatory representation of at least 1/3 of women in electoral lists of political forces. After the last general elections, held on 8 December 2019, women participation in Parliament raised to 31.5%, compared to 26.3% of the previous legislature. In addition, one of the two Heads of State for the current six-month term and the Minister of Internal Affairs are women. With regard to public officials, women, also in managerial positions, hold most of these positions in San Marino.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:The HR Committee recommended that San Marino continue making efforts to prevent and combat all forms of gender-based violence, in particular violence against women, namely by ensuring that sufficient resources were allocated to the competent institutions. [Para 26]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Sexual abuse
- Sexual exploitation / slavery
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:LC urged San Marino in line with Article 5 of the Convention to effectively screen all persons who, by their professions, have regular contact with children affected by the refugee crisis for convictions of acts of sexual exploitation or sexual abuse of children in line with their internal law. [Para 80]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Holy SeeHoly SeeRegional groupObserverIssue:
- Inappropriate content
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To continue to protect the right to life from conception to natural death.ImplementationNational Report:
Para 51) The Republic of San Marino continues to protect the right to life from conception to natural death: indeed, the Criminal Code punishes the crime of ... procured abortion ... -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To introduce educational or training programmes that promote the integration of sexual minorities with a view to preventing discrimination on the basis of sexuality.ExplanationThe legal order of the Republic of San Marino affirms and guarantees the principle of equality and the prohibition of any discrimination, as indicated in detail by the San Marino head of Delegation in her speech on the occasion of the seventh session of the UPR Working Group of the Human Rights Council. However, these Recommendations make reference to the category of "sexual minorities", which is not provided for by the San Marino legislation. Therefore, the Republic of San Marino is not in a position to accept these Recommendations. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:San Marino has actively participated in the Pan-European Campaign to Prevent and Combat Violence Against Women, including Domestic Violence, promoted by the Council of Europe (November 2006 – June 2008), and has joined the Campaign on violence against women launched by the United Nations on 25 February 2008. In the context of these campaigns, San Marino has strengthened and introduced measures aimed at combating the social phenomenon of violence. One of the main results of the Council of Europe Campaign was the approval of Law No. 97 of 20 June 2008, “Prevention and Repression of Violence against Women and Gender Violence”. The new Law punishes any act resulting in physical, sexual or psychological harm or suffering to the victim, including threats of such acts, coercion or arbitrary deprivation of liberty. It introduces important new elements in San Marino constitutional order: besides respect for victims’ integrity and confidentiality, it also sets forth specific provisions in the Criminal Code concerning reducing or holding in slavery or servitude, gang violence, stalking, mobbing and human trafficking, as well as protection measures for victims in criminal proceedings, namely protection and reporting orders. This Law has also established the Authority for Equal Opportunities, which is responsible for collecting data on violence against women and gender violence on a six-month basis. The Authority consists of three members appointed by the Great and General Council chosen among legal experts, representatives of non-governmental organisations active in the field of gender equality, experts in communication and psychology [Paras 38-40] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Consider becoming a party to other related human rights instruments, such as the OP-CRC-IC.ExplanationThe OP-CRC-IC is currently being considered.ImplementationNational Report:
Para 15) In accordance with the recommendations accepted in the second UPR round: … (c) on 27 September 2018, San Marino acceded to the OP-CRC-IC, done at New York on 19 December 2011;
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:QuestionSession:20th session, November 2014Status:Not Followed up with a RecommendationContents:In light of the definition of what constitutes a "family" (present e.g. in Law no. 43), how are the rights of uni-parental and other non-conventional families protected?
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Abortion
Type:Review DocumentationSession:34th Session, November 2019Status:N/AContents:San Marino continues to protect the right to life from conception to natural death:
the Criminal Code punishes the crime of murder and injury, both intentional and negligent,
infanticide, incitement or assisted suicide and procured abortion. ... The decriminalisation of the termination of pregnancy and the protection of parenthood (and life) have long been debated during the parliamentary session of 7 June 2019; two bills of popular initiative were illustrated in the first reading: "Support to parenthood and unborn children" and "Rules on conscious and responsible procreation and voluntary termination of pregnancy". Discussion on the two bills is currently underway. [Paras 83 and 84]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:VenezuelaVenezuelaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Violence against women / gender-based violence
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue bolstering national actions in support of gender equality, as well as initiatives on fight and prevention of violence against women.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Rights of same-sex desiring persons
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Enact general legislation on the recognition of both same-sex parents involved in the growth of a child as well as extending access to adoption to same-sex couples on par with others.
ExplanationNoted … the legislation on registered partnerships has been recently enacted (Law. no. 147/2018) and a monitoring of its effects is underway, also in relation to possible future judicial decisions. With regard to access to adoption to same-sex couples, there has not yet been an in-depth debate on this subject.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:CHR of CoE encouraged San Marino to promote the public’s awareness of diversity and respect for all persons’ sexual orientation and gender identity, notably through human rights education and awareness-raising campaigns, including in schools. [Para 19]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:7th session, February 2010Status:NeglectedContents:"In 2007, CoE ECRI was concerned that women who come to San Marino to work as private carers remained exposed to a risk of exploitation due to the precarious nature of their employment and the situation of isolation in which they sometimes find themselves. It also noted that the carers were only allowed to work in San Marino for ten consecutive
months per calendar year and were not entitled to family reunification. CoE ECRI encouraged San Marino to review the legislation on stay and work permits so as to reduce the precariousness of employment for these women and ensure respect for their private and family life. [Para 28]" -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Ratify the OP-ICESCR and opt into the inquiry and inter-State mechanisms.ExplanationSan Marino administration has already carried out an examination of San Marino legislation for conformity with the OP-ICESCR and after assessing it as compliant, it has started the accession process.ImplementationNational Report:
Para 15) In accordance with the recommendations accepted in the second UPR round: … (b) on 20 July 2015, San Marino acceded to the OP-ICESCR, done at New York on 10 December 2008, also accepting the competence of the CESCR under Articles 10 and 11 of the Covenant;
UN Compilation:
Para 2) The HR Committee welcomed the ratification of the OP-ICESCR …
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:20th session, November 2014Status:RejectedContents:Introduce appropriate administrative or legislative reforms to ensure equal protections for same-sex couples, including on matters of residency and inheritance.ExplanationThe San Marino legislation in force does not allow to accept this recommendation.ImplementationNational Report:
Para 29) The fundamental principle of equality expressed in Art. 4 of the Declaration on the Citizens’ Rights is further applied in concrete terms in Law no. 66 of 28 April 2008 "Provisions on racial, ethnic, religious and sexual discrimination", which supplemented the provisions of the current Criminal Code. A new offence was introduced with Article 179 bis, which punishes anyone disseminating by any means ideas based on racial or ethnic superiority or hatred, or inciting someone to commit, or committing discriminatory acts on the grounds of race, ethnicity, nationality, religion or sexual orientation. This offence can be prosecuted ex officio. Article 179 bis was then amended with Law no. 57 of 6 May 2016 "Rules adjusting San Marino legal system to the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence" by introducing the prohibition of discrimination based on gender identity.
Para 28) … Moreover, Article 235 of the Criminal Code has been amended in relation to family maltreatment, also introducing the offence of domestic violence, and Article 179 bis of the Criminal Code has been supplemented with the prohibition to discriminate based on gender identity.
Para 46) As already mentioned, Law no. 57/2016 introduced the prohibition of discrimination based on gender identity.
Para 47) With Law no. 147 of 20 November 2018, San Marino has introduced a completely new and modern institution, mainly for the protection of same-sex couples, i.e. the "Law regulating civil registered partnerships", under which the legal system recognises equal dignity, rights and safeguards to civilly registered partners, both homosexual and heterosexual couples, compared to married ones. Citizens who decide to register their partnership civilly, in accordance with the aforementioned Law and its Regulation, acquire the same status as married couples in terms of residence and succession, cohabitation, mutual assistance, inheritance rights and other matters, whether the couple is of the same sex or of a different sex.
Para 48) Sexual education programmes are carried out in schools at all levels where education is compulsory, accompanied by emotional education programmes: these two aspects are never separated from each other in view of an integrated and complex education. Moreover, in this regard, programmes are implemented concerning education on respect for others, non-violence, as well as inclusion and solidarity amongst peers. The “Curriculum of education to citizenship” has been introduced as part of the ongoing reform of San Marino school curricula. This curriculum expressly provides for knowledge of LGBT rights.
UN Compilation:
Para 9) While taking note of the existing legal provisions against discrimination, the Human Rights Committee was concerned that San Marino had not yet adopted comprehensive antidiscrimination legislation and that articles 90 and 179 bis of the Criminal Code relating to discrimination only referred to discrimination based on racial, ethnic, national, religious and sexual orientation grounds and not other grounds for discrimination, such as gender identity.
Para 11) The OHCHR Regional Office for Europe noted with concern that same-sex couples did not have the right to adopt children, marry or obtain another form of legal recognition of their relationships in San Marino.
Stakeholder Summary:
Para 18) CHR of CoE observed that while discrimination, hate speech and hate crimes on the basis of sexual orientation had thus become criminal offences, no similar provision existed for gender identity or sex characteristics. The Commissioner also observed that there was no constitutional or other provision expressly providing for equality before the law irrespective of sexual orientation, gender identity or sex characteristics, nor specific civil or administrative law provisions explicitly prohibiting discrimination on these grounds in the field of employment, access to goods or services, or any other area.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:20th session, November 2014Status:N/AContents:In addition, San Marino signed Protocol no. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe and the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. The ratification procedure is ongoing for both instruments. [Para 24]