Displaying 43451 - 43475 of 58160 recommendations found
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Redouble efforts in increasing the political participation of women.
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:
- Abortion
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:The OHCHR Regional Office for Europe noted that abortion remained illegal under most circumstances in San Marino. In 2017, a popular initiative to legalize abortion had triggered strong divisions between the centre-left Government and the conservative opposition, which had drawn support from Catholic movements. [Para 20]
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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 that have not yet done so to take the necessary legislative or other measures to ensure that child victims of sexual exploitation and sexual abuse affected by the refugee crisis may benefit from therapeutic assistance, notably emergency psychological care. [Para 82]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Accede to the 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 …
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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:Holy SeeHoly SeeRegional groupObserverIssue:
- Inappropriate content
- Women's and / or girls' rights
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Continue to defend the institution of the family, based on the union of a man and a woman, and to keep providing assistance to those most vulnerable to human rights violations, particularly women ...ImplementationNational Report:
Para 103) San Marino continues to defend the institution of the family. In recent years, as already extensively discussed above, numerous measures have been implemented to protect the weakest and most vulnerable groups. Some important interventions have been made to support persons with disabilities, with particular reference to measures supporting families taking care of them.
Para 104) Decree Law no. 117 of 4 September 2018 "Measures to support parenting and family care" also extended parental leave in cases where, in the first 14 years of life, the child, although not disabled, develops a very serious disease, even temporary, such as to make the permanent assistance of a parent necessary.
Para 105) Decree Law no. 47 of 21 March 2019 "Integration and extension of interventions in support of families" provides for special measures of solidarity with the family, such as the right to be absent from work, either alternately or jointly, some forms of flexible and accessible leave from work, and the possibility for colleagues of people who care for the disabled to donate their holidays.
Para 106) Many financial aid measures are available to families facing a situation of poverty, although temporary. The measures are aimed at supporting households facing particular economic difficulties, taking into account the needs and number of members of the household, paying special attention to single-income families with minor dependent children, disabled, elderly or in situations of social malaise.
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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:National ReportIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:20th session, November 2014Status:N/AContents:San Marino recognises the individual complaint mechanisms of the ICCPR, CEDAW, CRPD ... [Para 21] -
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:MonacoMonacoRegional groupWEOGPolitical groupOIFIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To fully and thoroughly implement Law No. 97 of 20 June 2008, on the prevention and repression of violence against women and gender violence.ImplementationNational Report:
Para 37) Law no. 97 of 20 June 2008, "Prevention and elimination of violence against women and gender violence" established the Authority for Equal Opportunities. This body is composed of three members appointed by the Parliament, who remain in charge for 4 years and are chosen from among legal experts, representatives of NGOs active in the field of equal opportunities and experts in communication and psychology. 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 39) In 2012, a technical-institutional panel was established with the task of coordinating the activities envisaged in the Law and in the Delegated Decree. Such panel is composed of one representative per each of the following institutions: Authority for Equal Opportunities, Police Forces, Directorate General of the Social Security Institute, Lawyers' Association, Psychologists' Association, Schools and Single Court.
Para 41) Awareness and information campaigns addressed to the civil society were also launched. The adoption of Law no. 97/2008 was publicised through an informative and explanatory brochure distributed throughout the national territory and sent to all families by post. The Authority for Equal Opportunities promotes several initiatives addressed to the wider public on issues of gender-based violence, including through cinema and theatre.
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:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- International human rights instruments
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To fully implement CRPD.ImplementationNational Report:
Para 49) The Ministries of Health and Social Security and of Education and Culture are working together on the drafting of a Framework Law on disability, which should transpose the CRPD ... -
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:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To consider ratifying OP-ICESCRExplanationThe 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:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Protect the rights of all individuals, regardless of sexual orientation, on an equal basis.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: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:UN CompilationIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:20th session, November 2014Status:Reference AddressedContents:The HR Committee requested information on any programmes established, and awareness-raising measures adopted, to promote the implementation of act No. 97 of 20 June 2008 on the Prevention and Repression of Violence against Women and Gender Violence, to tackle violence against women. It also requested that San Marino indicate the measures taken to prevent gender-based and domestic violence ... [Para 9] -
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: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:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- 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: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 ... -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Sign and ratify the OP-CRC-IC without reservations.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:
- 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.
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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.