Displaying 43426 - 43450 of 58126 recommendations found
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Right to marry
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:20th session, November 2014Status:Unclear ResponseContents:Ensure equal rights of lesbian, gay, bisexual and transgender people by legally recognizing same-sex marriage and civil partnerships.ExplanationNoted.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.
-
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.
-
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.
-
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]
-
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]
-
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:UN CompilationIssue:
- Sexual abuse
Type:Review DocumentationSession:7th session, February 2010Status:NeglectedContents:Undertake studies to assess the prevalence and nature of violence against children and develop a comprehensive plan of action, based on these studies, for the prevention of and intervention in cases of child abuse and neglect, including the provision of services for recovery and social reintegration of victims. [Para 16; CRC] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Ratify OP-ICESCR.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 …
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Adopt the Framework Law on disability which will incorporate the CRPD.ExplanationThe last parliamentary session approved the Framework Law on assistance, social inclusion and the rights of persons with disabilities, which fully incorporates the principles, definitions and fundamental concepts of the CRPD by enforcing the instruments for its implementation.ImplementationNational Report:
Para 8) In addition to the human rights protection bodies already mentioned in the previous reports, Law no. 28 of 10 March 2015 established San Marino Commission for the implementation of the UN Convention on the Rights of Persons with Disabilities (CSD ONU), with the task of: promoting, protecting and monitoring the implementation of said Convention at the national level; proposing a three-year action plan for the promotion of the rights of persons with disabilities; identifying and proposing internal coordination mechanisms within the Government to facilitate related actions in different sectors and at different levels; systematically collecting data and promoting the implementation of studies and research activities. This Commission is made up of seven members: three identified from among the presidents of San Marino associations of persons with disabilities, one representing the trade unions, two chosen by the majority political parties and one by the minority ones from among people with skills related to disability issues.
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Sexual abuse
- Sexual exploitation / slavery
Type:Review DocumentationSession:20th session, November 2014Status:N/AContents:In recent years, San Marino has ratified several international instruments in the field of human rights, including the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Abuse ...[Para 22] -
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]
-
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.
-
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.
-
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]
-
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:Holy SeeHoly SeeRegional groupObserverIssue:
- Discrimination based on sexual orientation
- Inappropriate content
- Rights of same-sex desiring persons
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To continue to protect the institution of the family, based on a stable relationship between a man and a woman.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 ... -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Transgender persons' rights
Type:Review DocumentationSession:7th session, February 2010Status:NeglectedContents:Law N° 66 of 28 April 2008, entitled Directives in regards to racial, ethnic, religious and sexual discrimination punishes discrimination based on sexual orientation, but does not make any reference to gender identity with regard to transgender or intergender issues. [Para 10] -
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: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: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.
-
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: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.
-
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.
-
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]
-
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]