Displaying 43451 - 43475 of 58126 recommendations found
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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: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:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:With regard to labour, Law No. 40 of 25 May 1981 prohibits any discrimination based on sex at all career levels. Today, the overall number of working women in San Marino accounts for about 42 percent of the total workforce. In the last 30 years, a widespread economic welfare and several provisions aimed at supporting women have enabled San Marino women to rapidly increase their participation in the social life of the Country. In addition, a relatively high number of women holds middle and middle-high ranking positions both in the public and the private sector. Different benefits (financial, tax benefits and real services) are envisaged for female proprietorships or companies owned by women or whose corporate capital is owned for 2/3 by women not exceeding 42 years of age (Law No. 134 of 24 November 1997). Finally, equal treatment in the field of work is also ensured by many provisions protecting maternity. [Para 35] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- International human rights instruments
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence.
Explanationthe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) was ratified by San Marino on 18 January 2016 and, subsequently, the San Marino Parliament adopted Law no. 57 of 6 May 2016 to implement and adapt San Marino legislation to the provisions of the Convention.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:BulgariaBulgariaRegional groupEEGPolitical groupEUOIFIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Further strengthen efforts to increase the representation of women in political life, particularly in Parliament and at the highest levels of the Government.
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:
- Gender equality
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:UNESCO encouraged San Marino to report to it in future on the implementation of the Recommendation on Science and Scientific Researchers, which had superseded the 1974 Recommendation in 2017, paying particular attention to the legal provisions and regulatory frameworks under which human rights were guaranteed for scientific researchers, to human rights obligations related to science, to the principle of nondiscrimination – including by actively encouraging women and girls to pursue scientific careers ... [Para 24]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Maternal health / morbidity / mortality
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:CGNK noted that ... figure for maternal mortality is missing. [Para 60]
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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: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: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: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:Stakeholder SummaryIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:7th session, February 2010Status:Reference AddressedContents:"In 2009, JS1 reported that non-conventional family models such as unmarried partners, cohabitants and same-sex civil partners are not recognised and therefore do not have the same rights when it comes to inheritance or residency. JS1 stressed that San Marino should take all necessary legislative, administrative and other measures to ensure that no family maybe subjected to discrimination on the basis of the sexual orientation or gender identity of any of its members, including with regard to family-related social welfare and other public benefits, employment and immigration. [Para 21]" -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:GeorgiaGeorgiaRegional groupEEGIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue its efforts in preventing all forms of gender based violence.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Ratify Convention No. 189 of the International Labor Organization on Domestic Workers.
ExplanationNoted ... the ratification of Convention No. 189 of the International Labor Organization on Domestic Workers will require a thorough assessment of its compliance with San Marino legal system and the adoption of rules adjusting it, which should involve several State Departments. Therefore, there are no plans to ratify it in a short time.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:CHR of CoE encouraged San Marino to ratify the ILO Convention No. 189 on Domestic Workers. [Para 6]
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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: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:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Training for state personnel on sexual rights issues
- Domestic violence
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To provide specialized training to the police forces on how to deal with situations of domestic violence.ImplementationNational Report:
Para 42) Decree no. 60/2012 provides for the mandatory training for all operators dealing with violence in various capacities (school, police forces, health and social services, lawyers and court). The Authority is responsible for annually promoting compulsory professional training courses in order to provide adequate tools and train personnel specialised in the fields of juridical, psychological and legal assistance to the victims of violence. The courses were launched in 2012 in collaboration with the Department of Training of the University of San Marino and a multiyear general plan will be soon developed for the training and refreshing of all operators, including police forces. During these courses, the contexts in which the actions of gender violence arise and the relevant reasons are analysed, in order to identify and prevent them, as well as the best practices shared at a national and international level in the field of assistance to victims. -
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:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on gender identity
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Guarantee that discrimination based on gender identity is recognized in the current legal framework, as well as establish provisions of criminal law that prohibit discrimination based on ethnic or national origin, or skin colour.