Displaying 43451 - 43475 of 58126 recommendations found
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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:
- 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: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] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:Review DocumentationSession:7th session, February 2010Status:Reference AddressedContents:The HR Committee recommended that San Marino adopt programmes and practical measures to combat all forms of gender-based violence, including training police to receive complaints of domestic violence, to provide material and psychological relief to the victims and to make women aware of their rights. [Para 15] -
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:Outcome ReportIssue:
- Abortion
Type:Statement by State under ReviewSession:34th Session, November 2019Status:N/AContents:Abortion was a criminal offence in San Marino. Nevertheless, in specific emergency
situations in which the life of the mother was at risk, termination of pregnancy was allowed
in order to protect the health of the mother. That was in accordance with the Convention for
the Protection of Human Rights and Dignity of the Human Being with regard to the
Application of Biology and Medicine of the Council of Europe, which provided that in
emergency situations, any medically necessary intervention could be carried out
immediately for the benefit of the health of the individual concerned. In the case of an
emergency, abortion could not be considered a criminal offence, in accordance with article
42 of the Criminal Code. [Para 105]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To sign and ratify OP-ICESCR.ExplanationThe possibility of acceding to the OP-ICESCR has been considered. However, taking into account the shortage of human resources within San Marino Administration and as already indicated in the national report and in the opening speech by the San Marino Head of Delegation during the seventh session of the UPR Working Group of the Human Rights Council, San Marino would not be in a position to guarantee full and effective implementation of Article 6 of the Optional Protocol.ImplementationNational Report:
Para 21) Moreover, it is considering the possibility of acceding to OP-ICESCR. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Further strengthen existing mechanisms aimed at safeguarding the rights of women, especially with regard to protection against violence.ImplementationNational Report:
Para 16) The following important international human rights instruments were ratified within the framework of the Council of Europe in the last five years: … Council of Europe Convention on preventing and combating violence against women and domestic violence (ratified in 2016), …
Para 37) The already mentioned Law no. 57/2016 has introduced, in compliance with the provisions set out in the Council of Europe’s Istanbul Convention, new crimes relating to violence against women, gender and domestic violence. In particular, the offences of forced marriage, female genital mutilation and forced sterilisation have been introduced. 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 38) Delegated Decree no. 56 of 17 May 2018 has introduced a series of provisions to provide the Authority for Equal Opportunities with operational tools aimed at coordinating all stakeholders involved in the prevention and protection of victims of violence. In recent years, the Authority has been providing information on and raising awareness of the provisions of the Law and has signed, in collaboration with the Social Security Institute, important agreements with reception facilities outside the territory to ensure effective support for victims of violence.
Para 39) Numerous initiatives aimed at preventing and combating violence against women and gender violence have been organised in collaboration with the Authority and the Department of Human Sciences of the University of San Marino, and in synergy with public and private bodies. Among these, worth mentioning are the following: (a) training courses for police forces, educators and health and social personnel on the correct application of the legislation on violence against women and gender violence; (b) Education to Affectivity Project, developed by the Observatory on Young People (“Osservatorio Giovani”), according to the guidelines of the Council of Europe’s Pestalozzi Project; (c) training theatre workshops linked to the wider project "Theatre and Citizenship", which were developed with a view to prevention, with the aim of hindering the emergence of problematic situations and promoting forms of self-protection of the younger generations by increasing their personal and social resources; (d) multidisciplinary activities for young people developed in collaboration with the Cultural Institutes, which aim to investigate diversity, starting from gender differences, to reflect on the possibility of recognising and enhancing them, to prevent discrimination and violent behaviour; (e) seminars to "recall" the new legislation on the fight against gender violence destined to schools but accessible to all operators involved in the network of services, in collaboration with the San Marino Association of Lawyers and Notaries.
Para 55) In 2016, the Department of Human Sciences of the University of San Marino, in collaboration with the Authority for Equal Opportunities, organised an in-depth seminar aimed at all San Marino teachers of all levels to provide them with adequate training in the prevention and suppression of violence against women and gender violence, as well as violence against children. The aim of the seminar was to provide teachers with up-to-date training in the light of San Marino laws and the Istanbul Convention, and to offer them useful tools for the prevention, identification and reporting of violence. With regard to the prevention and repression of violence against women and gender violence, in addition to school staff, the University of San Marino is called to train categories such as those related to law enforcement, the judiciary, professional associations and health and social services.
Stakeholder Summary:
Para 62) CHR of CoE observed that San Marino signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in April 2014, but had not ratified it yet. Para 63) CHR of CoE particularly welcomed the adoption in 2008 of a Law for combatting violence against women and gender-based violence. In addition to thoroughly modifying criminal law provisions (for example by establishing injury, rape or murder committed by a partner or a member of the household as aggravating circumstances and by defining trafficking-related offences, as well as persecutory acts such as stalking or mobbing), the law also introduced several protective measures for the victims.
Para 64) CHR of CoE observed that private carers (badanti) for older persons or persons with disabilities might be in a particularly vulnerable situation. Private carers are mostly women from third countries, who live in the households where they work and who were found to be potentially vulnerable to trafficking and exploitation by the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA). A particular issue concerned the fact that their stay permits are valid for a maximum period of 11 consecutive months per year. The obligation to leave San Marino after the expiry of the 11-month stay permit, even if the person could come back one month later, is seen as putting these women at a disadvantageous and precarious situation.
Para 65) However, CHR of CoE The Commissioner was pleased to note that the authorities acknowledged the need to address some of these issues and that they were examining, for instance, means of facilitating co-operation between services responsible for private carers and services used by the latter, and measures to make it easier for the badanti to turn to trade unions, courts and the Equal Opportunities Commission for protection.
Para 66) CHR of CoE noted that San Marino abolished only relatively recently some dated legal provisions, such as those in the citizenship legislation, removed in 2004, preventing Sammarinese women from transmitting citizenship to their children at birth. Important progress has nevertheless been made in recent decades, including regarding women’s participation in the labour market. As of 2015, women made up around 45% of the workforce, most being employed in the public sector. However, according to official employment statistics, the unemployment rate for women was 11.56% as of May 2015, significantly higher compared to the rate for men (6.43%).
Para 67) OSCE/ODIHR observed that while women were well represented in the election administration, they were underrepresented in elected office. The impact of the gender quota on candidate lists can be limited due to the system of preferential voting.
Para 68) CHR of CoE observed that the representation of women in politics remains very weak, despite some legislative measures to bolster it.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:Review DocumentationSession:20th session, November 2014Status:Reference AddressedContents:A 2013 United Nations Statistics Division source indicated that the proportion of seats held by women in the national parliament increased from 15 per cent in 2009 to 16.7 per cent in 2013. According to UN Women, there were no women in ministerial positions in the Government of San Marino. [Para 21] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Discrimination based on sexual orientation
- Gender equality
- Discrimination based on gender identity
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:"Prohibition of discrimination on the grounds of sex is stated by the Declaration as modified by Law No. 95 of 19 September 2000. By reforming Article 4, this Law has explicitly introduced sex as a possible element for discrimination. The Declaration also excludes any discriminatory behaviour towards a person on the basis of his/her sexual orientation, which falls under the definition of “personal status” referred to in Article 4. This expression, which avoids any misunderstanding or misapplication of the principle of equality set forth in Article 4, has been used in order to recognise the illegitimacy of any discrimination based on the status or characteristics of a person.
The above is confirmed by the already mentioned Law No. 66 of 28 April 2008. This Law, supplementing the provisions of the Criminal Code in force, has introduced Article 179 bis that punishes, among the other factors of discrimination, anyone encouraging to commit or committing discriminatory acts on the grounds of sex. This offence can be prosecuted ex officio. Under this Law, the perpetration of an offence for purposes related, among other aggravating circumstances, to sexual orientation is an aggravating circumstance. [Paras 79-80]" -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Abortion
- Sexual violence
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue to work towards the respect of sexual and reproductive rights by ensuring the decriminalization of abortion in all situations, and in the meantime authorizing a minimum of abortion services to preserve the physical and mental health of women or in case of fatal fetal abnormality, rape or incest.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Ensure the full realization of sexual and reproductive health and rights, including by legalizing abortions.
ExplanationNoted … we are currently not able to accept these recommendations, as the debate on the decriminalization of abortion is underway in our country, especially in the light of popular legislative initiatives having a diametrically opposed content. The parliamentary debate should take place in 2020.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Discrimination based on gender identity
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:The [HR] Committee recommended that San Marino take the measures necessary to strengthen its legal framework against discrimination, in particular by enacting comprehensive anti-discrimination legislation covering all grounds for discrimination, including gender identity. [Para 9]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Violence against women / gender-based violence
Type:CommentSession:7th session, February 2010Status:Not Followed up with a RecommendationContents:Encouraged San Marino to consider the (HR) Committee's recommendation concerning the adoption of programmes and practical measures to combat gender-based violence. -
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, since examining the family situation is important where there are suspicions of child sexual exploitation or abuse, to take the necessary measures to avoid risks that the child may be abused or exploited in case of family reunification. [Para 81]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- 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:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Submit, as soon as possible, country reports to the CESCR, CEDAW, CRC ...ImplementationNational Report:
Para 20) The problem of delays in the submission of periodic reports by San Marino to the monitoring bodies of the United Nations is now well known and numerous recommendations were made to San Marino for the submission of outstanding national reports.
Para 21) In the period under consideration, San Marino unfortunately managed to present only one national report, i.e. the report under the ICCPR, whose discussion before the Human Rights Committee was held on 19 and 20 October 2015.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:QuestionSession:20th session, November 2014Status:Not Followed up with a RecommendationContents:Have concrete measures been taken to facilitate the access to social services to all de facto couples (same sex or not) who requested for it? -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To explicitly include sexual orientation and gender identity as protected grounds under the principle of non-discrimination in relevant legislation and programmes, and to apply the Yogyakarta principles with regard to human rights and sexual orientation and gender identityExplanationSan Marino is not in a position to accept recommendations Nos. 5, 6 and 7 above, because the definition of "personal status", set out in the
Declaration on Citizens' Rights and Fundamental Principles of San Marino Constitutional Order, already includes all grounds for discrimination. That interpretation has been reaffirmed through San Marino case law.ImplementationStakeholder 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 ...