Displaying 43401 - 43425 of 58160 recommendations found
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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.
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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:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Other
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To assess the possibility of eliminating the concepts of legitimate children and natural children, which, according to the Committee on Economic, Social and Cultural Rights, continue to exist in the domestic legal orderImplementationNational Report:
Para 44) Art. 12, paragraph 3 of the Declaration on the Citizens' Rights, guarantees that "children born outside wedlock shall enjoy spiritual, legal and social protection and be treated on an equal footing as legitimate children." To welcome the recommendation 71.22, the Congress of State has established, with Decision no. 21 of 24 June 2014, a working group in charge of preparing an ad-hoc draft law to adapt the terminology of San Marino legislation to the recommendations in question and to review the provisions in force concerning filiation by eliminating the concepts of "legitimate" and "natural" children. It should be emphasized that it is only a matter of language, since in San Marino legislation there are no differences in treatment between these categories of children. The Group has already started to work. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:FijiFijiRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthIssue:
- Women's and / or girls' rights
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Ensure that women, children, and persons with disabilities are meaningfully engaged in the development of legislation, policies and programs on climate change and disaster risk reduction.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Include more women in the next cabinet of ministers following elections on 8 December.
ExplanationNoted … without prejudice to our commitment to improve the conditions enabling a greater participation of women in political life and in decision-making positions, the recommendations drawn up in this way are not deemed acceptable. As a result of the elections of 8 December 2019, more women sit now in Parliament and the number of women present in Government has remained stable. The increase in the number of women in Parliament indicates however that a natural process in underway.
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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: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:SwedenSwedenRegional groupWEOGPolitical groupEUIssue:
- Other
- Rights of same-sex desiring persons
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To take further steps to ensure the equal protection of the rights of persons in non-traditional family models, such as unmarried partners, cohabitants and same-sex civil partners.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:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Gender equality
Type:QuestionSession:7th session, February 2010Status:Not Followed up with a RecommendationContents:What administrative or judicial decisions have been taken to enforce the law No. 40 of 1981 along the lines of the principle of the ILO Equal Remuneration Convention, so as to ensure equality between men and women in the workplace? -
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:SwedenSwedenRegional groupWEOGPolitical groupEUIssue:
- Rights of same-sex desiring persons
Type:QuestionSession:7th session, February 2010Status:Not Followed up with a RecommendationContents:Full equality and freedom from discrimination, including with regard to sexual orientation, are guaranteed under the Declaration on the Citizens Rights and Fundamental Principles of San Marino Constitutional Order and other San Marino law. At the same time, civil society organisations have reported that the lack of formal recognition of non-traditional family models such as unmarried partners, cohabitants and same-sex civil partners have resulted in disparities in the enjoyment of family-related social welfare and other public benefits, employment and immigration. -
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: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:Stakeholder SummaryIssue:
- Abortion
Type:Review DocumentationSession:7th session, February 2010Status:NeglectedContents:Abortion is criminalised except if performed to save the life of the mother. Thus, women who want to terminate an unwanted pregnancy for any other reason (including, for instance, if the foetus has a severe anomaly or if the pregnancy is the result of a rape) have to go abroad for such treatment. The fact that such a step is regarded as criminal can place individual women in difficult circumstances, not least if there is any medical complication after the abortion is performed. [Para 30] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:7th session, February 2010Status:NeglectedContents:Take legislative measures to impose appropriate criminal penalties for violence, threats of violence, incitement to violence and related harassment, based on sexual orientation or gender identity. [Para 14] -
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:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Domestic violence
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To provide secure shelter, as well as psychological and other assistance, to victims of domestic violence.ImplementationNational Report:
Para 37) ... Delegated Decree no. 60 of 31 May 2012, implementing Article 4 of Law no. 97 of 20 June 2008, has established the various forms of assistance to the victims of violence.
Para 38) Such Decree specifies the operational tools of the Authority in the framework of the tasks entrusted by Law no. 97/2008. The Authority promotes and supports any initiative aimed at the prevention of violence, providing support to victims, including through the signing of specific operational protocols. It fosters and monitors the activities of the associations promoting awareness of the services that provide assistance and able to start prevention projects. In addition, it promotes the conclusion of a convention, on an annual basis and through the Directorate General of the Social Security Institute, with a "Shelter Centre" in the nearby or private facilities in the Republic of San Marino.
Para 40) The Mental Health Public Service offers psychological and other assistance to the victims of domestic violence and in 2012 a Centre of Assistance was established for the victims of violence, including stalking and mobbing. At the Centre of Assistance, psychologists provide support and advice to the victims of violence. In addition, the Authority for Equal Opportunities is available by phone 24 hours a day to provide support, assistance and cooperation to victims of violence, by guaranteeing anonymity. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:BelarusBelarusRegional groupEEGPolitical groupCISIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To ratify the Palermo ProtocolImplementationNational Report:
Para 19) On 1 July 2010, San Marino ratified the Palermo Protocol ... The Convention and the two Additional Protocols entered into force for San Marino on 19 August 2010. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:BelarusBelarusRegional groupEEGPolitical groupCISIssue:
- 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.