UPR Sexual Rights Database

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UN Member State that is reviewed on its human rights record as part of the UPR process.

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Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 43426 - 43450 of 58126 recommendations found
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    20th session, November 2014
    Status:
    Neglected
    Contents:
    With regard to the principle of equal remuneration for men and women for work of equal value, the ILO Committee of Experts repeated its previous request that San Marino clarify the extent of the provision of Law No. 40 of 1981 on gender equality in the labour market concerning job classification systems; indicate any judicial or administrative decisions applying the [Law] ... in line with the principle of ... [ILO Equal Reumeration Convention (No. 100)]; provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women. [Para 23]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Abortion
    • Sexual violence
    • Sexual and / or reproductive rights and / or health broadly
    Type:
    Recommendation
    Session:
    34th Session, November 2019
    Status:
    Accepted
    Contents:
    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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Abortion
    • Sexual and / or reproductive rights and / or health broadly
    Type:
    Recommendation
    Session:
    34th Session, November 2019
    Status:
    Unclear Response
    Contents:
    Ensure the full realization of sexual and reproductive health and rights, including by legalizing abortions.
    Explanation
    Noted … 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    UN Compilation

    Issue:
    • Discrimination based on gender identity
    Type:
    Review Documentation
    Session:
    34th Session, November 2019
    Status:
    Reference Addressed
    Contents:
    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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Outcome Report

    Issue:
    • Abortion
    Type:
    Statement by State under Review
    Session:
    34th Session, November 2019
    Status:
    N/A
    Contents:
    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]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    National Report

    Issue:
    • Discrimination based on sexual orientation
    • Gender equality
    • Discrimination based on gender identity
    Type:
    Review Documentation
    Session:
    7th session, February 2010
    Status:
    N/A
    Contents:
    "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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Philippines

    Philippines
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    20th session, November 2014
    Status:
    Accepted
    Contents:
    Continue to ensure that women are given equitable access to the labour market ...
    Implementation
    National Report:
    Para 44) The Commission and the Authority often promote initiatives to raise public awareness of the difficulties encountered by women in their daily lives: to mention just one of these initiatives, on 8 March 2019, on the occasion of Women's Day, the initiative "In our shoes" was organised, with a particular focus on national activities and legislation to combat discrimination against women in both the labour and the political world.
    Para 107) Law no. 115/2017 and subsequent amendments introduced incentives for the hiring of certain categories of workers, including women returning to work after the period of abstention provided for maternity or adoption and women enrolled in the unemployment lists of part-time jobs that are hired for a new job for less than 25 hours per week.
    Para 108) In addition, a special economic bonus has been introduced for companies that employ female workers on an open-ended basis. This bonus could only be used for 2018 and only in case of women not falling within one of the categories described above.

    Stakeholder Summary:
    Para 66) … 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%).
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Gender equality
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Review Documentation
    Session:
    20th session, November 2014
    Status:
    Reference Addressed
    Contents:
    OSCE/ODIHR also noted that women's political representation remained low and, at the time of the reporting (November 2012), of the 60 members of parliament, nine were women, while two out of ten government ministers were women. [Para 34]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Liechtenstein

    Liechtenstein
    Regional group
    WEOG
    Issue:
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    34th Session, November 2019
    Status:
    Accepted
    Contents:
    Establish criminal legislation covering all grounds of discrimination, including language, colour, ideology, and gender identity with a view to its full implementation.
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Myanmar

    Myanmar
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    34th Session, November 2019
    Status:
    Accepted
    Contents:
    Continue its efforts to increase women’s participations in politics and decision-making levels.
    Explanation
    the 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    UN Compilation

    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Review Documentation
    Session:
    34th Session, November 2019
    Status:
    Reference Addressed
    Contents:
    The HR Committee recommended that San Marino intensify its efforts to eliminate gender stereotypes on the role and responsibilities of men and women in the family and society. … It recommended that San Marino strengthen its efforts to increase the representation of women in political life, particularly in the Great and General Council and at the highest levels of the Government, if necessary, through the adoption of appropriate temporary special measures to give effect to the provisions of the International Covenant on Civil and Political Rights. [Para 25]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexual abuse
    • Sexual exploitation / slavery
    Type:
    Review Documentation
    Session:
    34th Session, November 2019
    Status:
    Not Followed up with a Recommendation
    Contents:
    LC urged San Marino, since examining the family situation is important where there are suspicions of child sexual exploitation or abuse, to take the necessary measures to avoid risks that the child may be abused or exploited in case of family reunification. [Para 81]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Austria

    Austria
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Domestic violence
    Type:
    Recommendation
    Session:
    7th session, February 2010
    Status:
    Accepted
    Contents:
    To provide secure shelter, as well as psychological and other assistance, to victims of domestic violence.
    Implementation
    National 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Belarus

    Belarus
    Regional group
    EEG
    Political group
    CIS
    Issue:
    • International human rights instruments
    • Trafficking in women and / or girls
    Type:
    Recommendation
    Session:
    7th session, February 2010
    Status:
    Accepted
    Contents:
    To ratify the Palermo Protocol
    Implementation
    National 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Belarus

    Belarus
    Regional group
    EEG
    Political group
    CIS
    Issue:
    • Sexual exploitation / slavery
    • International human rights instruments
    Type:
    Recommendation
    Session:
    7th session, February 2010
    Status:
    Accepted
    Contents:
    To ratify OP-CRC-SC
    Implementation
    National 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Sweden

    Sweden
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Rights of same-sex desiring persons
    Type:
    Question
    Session:
    7th session, February 2010
    Status:
    Not Followed up with a Recommendation
    Contents:
    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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Portugal

    Portugal
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    20th session, November 2014
    Status:
    Accepted
    Contents:
    Ratify the OP-CRC-IC , which establishes a complaints mechanism.
    Explanation
    The OP-CRC-IC is currently being considered.
    Implementation
    National 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;
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Ghana

    Ghana
    Regional group
    Africa Group
    Political group
    AU
    OIF
    Commonwealth
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    20th session, November 2014
    Status:
    Accepted
    Contents:
    Adopt measures to ensure a fair representation of women in ministerial positions of the country.
    Explanation
    Women's right to vote and to stand as a candidate is exercised on the basis of gender equality. In order to address the low presence of women in institutions, the last electoral reform (Qualified Law no. 1 of 5 August 2008) provides that each party list for the general elections in the country shall not include more than two thirds of candidates of the same gender (the so-called "obligatory quotas for women")
    Implementation
    National Report:
    Para 40) San Marino has a very advanced legislation and provides for guarantees regarding the participation of women in politics and elected offices. Under Article 15 of Law no. 6/1996 and subsequent amendments, the electoral lists for the election of the Great and General Council (Parliament) shall not include more than two thirds of candidates of the same gender (the so-called "gender quotas"). In addition, the same electoral legislation provides that in the event of a tie between two candidates, the first criterion on which to make the choice is gender, and in case of a different gender, the woman is the winner. In this process of emancipation, worth noting is that, to date, 25% of the Parliament’s members are women.
    Para 41) In the six-month mandate from 1 April to 1 October 2017, for the first time two women were elected Captains Regent (Heads of State).
    Para 42) Currently, the Government has only one female member out of seven ministers, but recently (2008-2012 legislature) two key ministries (Foreign Affairs and Internal Affairs) were run by two women for the entire legislature.
    Para 43) The full participation of women in policy and decision-making processes is monitored by the aforementioned Commission and Authority for Equal Opportunities.
    Para 44) The Commission and the Authority often promote initiatives to raise public awareness of the difficulties encountered by women in their daily lives: to mention just one of these initiatives, on 8 March 2019, on the occasion of Women's Day, the initiative "In our shoes" was organised, with a particular focus on national activities and legislation to combat discrimination against women in both the labour and the political world.
    Para 45) In 2017, San Marino joined the Group of Friends for Gender Equality, with the aim of promoting women's leadership as a prerequisite for promoting international peace and development.

    UN Compilation:
    Para 25) The HR Committee … noted that the representation of women in political life remained weak, despite measures taken to remedy the situation, such as the adoption of Qualified Law No. 1/2008, which provided that each party list of candidates running for general elections should not include more than two thirds of candidates of the same gender. In that respect, the Committee noted with concern that only 10 of the 60 members of the Great and General Council and one of the nine Secretaries of State were women.

    Stakeholders Summary:
    Para 41) OSCE/ODIHR NAM interlocutors expressed dissatisfaction with the lowering of the number of preferential votes, noting that this could decrease the chances for women to be elected, …
    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.
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    National Report

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    34th Session, November 2019
    Status:
    N/A
    Contents:
    Human rights are taught in the San Marino school system at all levels following a
    cross-cutting approach, starting from kindergarten. In particular, the aim is to ensure that
    young people acquire skills for a sustainable development, including by focussing on a
    sustainable lifestyle, human rights, gender equality, the promotion of peace and nonviolence, global citizenship and the enhancement of diversity. [Para 126]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    34th Session, November 2019
    Status:
    Accepted
    Contents:
    Intensify efforts to increase the representation of women in political life, in particular in the Parliament.
    Explanation
    the 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Netherlands

    Netherlands
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Right to marry
    • Rights of same-sex desiring persons
    Type:
    Recommendation
    Session:
    34th Session, November 2019
    Status:
    Unclear Response
    Contents:
    Introduce legal protection for same-sex couples, giving them the opportunity to obtain legal recognition of their relationship and allowing them the right to get married and to adopt children.
    Explanation
    Noted … 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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Abortion
    Type:
    Review Documentation
    Session:
    34th Session, November 2019
    Status:
    Reference Addressed
    Contents:
    CGNK observed that abortion was strictly limited in San Marino. While abortion is not forbidden if the life of the mother is in danger, legal abortion has a strong preventive effect. It stressed the need for an improvement of adoption practices to allow for the survival of the foetus. It recommended the Authorities of San Marino to open their policies on abortion, at least for cases of duress. [Para 59]
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Argentina

    Argentina
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Other
    Type:
    Question
    Session:
    7th session, February 2010
    Status:
    Not Followed up with a Recommendation
    Contents:
    What steps have been taken, in accordance with recommendations made by the HR Committee, [...] to ensure non-discrimination of children born in San Marino, if one of the parents is a foreigner?
  • State Under Review:

    San Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Czechia

    Czechia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    7th session, February 2010
    Status:
    Rejected
    Contents:
    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 identity
    Explanation
    San 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.
    Implementation
    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 Marino

    San Marino
    Regional group
    WEOG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Gender equality
    • Gender perspective in policies, programmes
    Type:
    Review Documentation
    Session:
    7th session, February 2010
    Status:
    Reference Addressed
    Contents:
    "CoE Commissioner noted in 2008 that there was no special entity in the Government in charge of ensuring the rights of women. He stressed the importance of having a platform at a high level to monitor the situation of women comprehensively, to advise on the impact of policies on women and to help formulate new policies with a view to mainstreaming a gender-based approach. [Para 3]"

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