Displaying 43351 - 43375 of 58160 recommendations found
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Rights of same-sex desiring persons
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Enact general legislation on the recognition of both same-sex parents involved in the growth of a child as well as extending access to adoption to same-sex couples on par with others.
ExplanationNoted … the legislation on registered partnerships has been recently enacted (Law. no. 147/2018) and a monitoring of its effects is underway, also in relation to possible future judicial decisions. With regard to access to adoption to same-sex couples, there has not yet been an in-depth debate on this subject.
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:CHR of CoE encouraged San Marino to promote the public’s awareness of diversity and respect for all persons’ sexual orientation and gender identity, notably through human rights education and awareness-raising campaigns, including in schools. [Para 19]
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:In December 2008, San Marino signed, together with other 65 States belonging to all regional groups, the General Assembly Declaration on Sexual Orientation and Gender Identity. [Para 81] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Ensure respect for minorities, especially sexual minorities.ImplementationNational Report:
Para 29) The fundamental principle of equality expressed in Art. 4 of the Declaration on the Citizens’ Rights is further applied in concrete terms in Law no. 66 of 28 April 2008 "Provisions on racial, ethnic, religious and sexual discrimination", which supplemented the provisions of the current Criminal Code. A new offence was introduced with Article 179 bis, which punishes anyone disseminating by any means ideas based on racial or ethnic superiority or hatred, or inciting someone to commit, or committing discriminatory acts on the grounds of race, ethnicity, nationality, religion or sexual orientation. This offence can be prosecuted ex officio. Article 179 bis was then amended with Law no. 57 of 6 May 2016 "Rules adjusting San Marino legal system to the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence" by introducing the prohibition of discrimination based on gender identity.
Para 28) … Moreover, Article 235 of the Criminal Code has been amended in relation to family maltreatment, also introducing the offence of domestic violence, and Article 179 bis of the Criminal Code has been supplemented with the prohibition to discriminate based on gender identity.
Para 46) As already mentioned, Law no. 57/2016 introduced the prohibition of discrimination based on gender identity.
Para 47) With Law no. 147 of 20 November 2018, San Marino has introduced a completely new and modern institution, mainly for the protection of same-sex couples, i.e. the "Law regulating civil registered partnerships", under which the legal system recognises equal dignity, rights and safeguards to civilly registered partners, both homosexual and heterosexual couples, compared to married ones. Citizens who decide to register their partnership civilly, in accordance with the aforementioned Law and its Regulation, acquire the same status as married couples in terms of residence and succession, cohabitation, mutual assistance, inheritance rights and other matters, whether the couple is of the same sex or of a different sex.
Para 48) Sexual education programmes are carried out in schools at all levels where education is compulsory, accompanied by emotional education programmes: these two aspects are never separated from each other in view of an integrated and complex education. Moreover, in this regard, programmes are implemented concerning education on respect for others, non-violence, as well as inclusion and solidarity amongst peers. The “Curriculum of education to citizenship” has been introduced as part of the ongoing reform of San Marino school curricula. This curriculum expressly provides for knowledge of LGBT rights.
UN Compilation:
Para 9) While taking note of the existing legal provisions against discrimination, the Human Rights Committee was concerned that San Marino had not yet adopted comprehensive antidiscrimination legislation and that articles 90 and 179 bis of the Criminal Code relating to discrimination only referred to discrimination based on racial, ethnic, national, religious and sexual orientation grounds and not other grounds for discrimination, such as gender identity.
Para 11) The OHCHR Regional Office for Europe noted with concern that same-sex couples did not have the right to adopt children, marry or obtain another form of legal recognition of their relationships in San Marino.
Stakeholder Summary:
Para 18) CHR of CoE observed that while discrimination, hate speech and hate crimes on the basis of sexual orientation had thus become criminal offences, no similar provision existed for gender identity or sex characteristics. The Commissioner also observed that there was no constitutional or other provision expressly providing for equality before the law irrespective of sexual orientation, gender identity or sex characteristics, nor specific civil or administrative law provisions explicitly prohibiting discrimination on these grounds in the field of employment, access to goods or services, or any other area.
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:20th session, November 2014Status:NeglectedContents:... Protect girls and women with disabilities [from gender-based and domestic violence], and to help girls and women gain access to assistance. [Para 9] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:IsraelIsraelRegional groupWEOGIssue:
- Other
- Rights of same-sex desiring persons
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To create and adopt all legislative and administrative measures necessary to ensure that all families, including those based on non-conventional family models, are treated equally under the law, particularly with regard to issues of residency and inheritance.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:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Abortion
- Sexual violence
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue to work towards the respect of sexual and reproductive rights by ensuring the decriminalization of abortion in all situations, and in the meantime authorizing a minimum of abortion services to preserve the physical and mental health of women or in case of fatal fetal abnormality, rape or incest.
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Ensure the full realization of sexual and reproductive health and rights, including by legalizing abortions.
ExplanationNoted … we are currently not able to accept these recommendations, as the debate on the decriminalization of abortion is underway in our country, especially in the light of popular legislative initiatives having a diametrically opposed content. The parliamentary debate should take place in 2020.
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Discrimination based on gender identity
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:The [HR] Committee recommended that San Marino take the measures necessary to strengthen its legal framework against discrimination, in particular by enacting comprehensive anti-discrimination legislation covering all grounds for discrimination, including gender identity. [Para 9]
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Outcome ReportIssue:
- Abortion
Type:Statement by State under ReviewSession:34th Session, November 2019Status:N/AContents:Abortion was a criminal offence in San Marino. Nevertheless, in specific emergency
situations in which the life of the mother was at risk, termination of pregnancy was allowed
in order to protect the health of the mother. That was in accordance with the Convention for
the Protection of Human Rights and Dignity of the Human Being with regard to the
Application of Biology and Medicine of the Council of Europe, which provided that in
emergency situations, any medically necessary intervention could be carried out
immediately for the benefit of the health of the individual concerned. In the case of an
emergency, abortion could not be considered a criminal offence, in accordance with article
42 of the Criminal Code. [Para 105]
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Women's participation
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:Men and women enjoy equal access to the exercise of the right to vote and to be elected and have the opportunity to hold offices, posts and public positions. Women’s participation in the institutional bodies of the Country is quite significant: at present, two women sit on the Congress of State out of ten Secretaries of State, that is to say the Secretary of State for Foreign Affairs and the Secretary of State for Internal Affairs; within the Great and General Council women represent 16.6 percent of the members (10 out of 60), whereas within the Township Councils (local administrations), 2 women (out of 9) hold the position of Head of the Township Council and within these bodies they account for 25 percent of the overall composition. [Para 34] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To ratify OP-CRC-SC.ImplementationNational 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:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
Type:QuestionSession:7th session, February 2010Status:Not Followed up with a RecommendationContents:Has the Government of San Marino put in place measures to protect non- conventional family models from being discriminated against in terms of employment, immigration, family-related social welfare and other public benefits? -
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;
-
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?
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:7th session, February 2010Status:NeglectedContents:Adopt structured measures to combat HIV/AIDS. [Para 31; CESCR] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To ensure that all members of society, including members of sexual minority groups, have access to equal rights and are afforded the same level of protection, through adequate legislation and awareness-raising and training programmes, especially with regard to integration.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.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:LiechtensteinLiechtensteinRegional groupWEOGIssue:
- Discrimination based on gender identity
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents: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 MarinoSan MarinoRegional groupWEOGSource Of Reference:MyanmarMyanmarRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue its efforts to increase women’s participations in politics and decision-making levels.
Explanationthe San Marino legal system already contains measures to increase the representation of women in political life, such as the mandatory representation of at least 1/3 of women in electoral lists of political forces. After the last general elections, held on 8 December 2019, women participation in Parliament raised to 31.5%, compared to 26.3% of the previous legislature. In addition, one of the two Heads of State for the current six-month term and the Minister of Internal Affairs are women. With regard to public officials, women, also in managerial positions, hold most of these positions in San Marino.
-
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Women's and / or girls' rights
- Women's participation
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents: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 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, 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 MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Training for state personnel on sexual rights issues
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:7th session, February 2010Status:Reference AddressedContents:"In 2009, Joint submission 1 (JS1) reported that San Marino clearly lacks education and training programmes to promote the integration of gay, lesbian, bisexual, and transgender people. [Para 6]" -
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: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 …
-
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.