Displaying 43451 - 43475 of 58160 recommendations found
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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:GreeceGreeceRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Complete the ratification process of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).
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:GreeceGreeceRegional groupWEOGPolitical groupEUOIFIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Pursue its ongoing efforts towards ensuring the greater participation of women in political life and their greater political representation.
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:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:… For example, a national asylum procedure could help ensure that gender-related claims were properly considered… [Para 32]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:GRETA considered that the San Marino authorities should take additional measures to prevent trafficking in children, in particular by: closely following developments on the labour market, tourism and hospitality industries, as well as migration trends, to detect children in vulnerable situations, in particular any children at risk of sexual exploitation ... [Para 70]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Training for state personnel on sexual rights issues
- Domestic violence
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To provide specialized training to the police forces on how to deal with situations of domestic violence.ImplementationNational Report:
Para 42) Decree no. 60/2012 provides for the mandatory training for all operators dealing with violence in various capacities (school, police forces, health and social services, lawyers and court). The Authority is responsible for annually promoting compulsory professional training courses in order to provide adequate tools and train personnel specialised in the fields of juridical, psychological and legal assistance to the victims of violence. The courses were launched in 2012 in collaboration with the Department of Training of the University of San Marino and a multiyear general plan will be soon developed for the training and refreshing of all operators, including police forces. During these courses, the contexts in which the actions of gender violence arise and the relevant reasons are analysed, in order to identify and prevent them, as well as the best practices shared at a national and international level in the field of assistance to victims. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference: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: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: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:National ReportIssue:
- Other
Type:Review DocumentationSession:34th Session, November 2019Status:N/AContents:In the health sector, "mixed-use car parks" have been created: an identification mark is issued for parking in parking areas to ... pregnant women ..., without indicating the vulnerable category on the mark. This initiative aims to avoid discrimination and stigmatisation of fragile groups. [Para 35] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:KyrgyzstanKyrgyzstanRegional groupAsia-Pacific GroupPolitical groupOICCISIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue its efforts in the field of preventing and combating all forms of gender-based violence.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:HondurasHondurasRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on gender identity
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Take the necessary measures to strengthen the legal framework against discrimination, in particular by passing a comprehensive legislation covering all grounds of discrimination, including gender identity.
ExplanationNoted …. it is considered that there is no need to specifically include gender identity between the grounds for discrimination, since Article 4 of the “Declaration on the Citizens’ Rights and Fundamental Principles of San Marino Constitutional Order” already provides for a comprehensive prohibition of unequal treatment or discrimination with the wording “All shall be equal before the law, without any distinction based on [...] personal status”.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Rights of same-sex desiring persons
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:CHR of CoE ... recommended the introduction of legal protection for same-sex couples, in the form of a civil union or registered partnership, and in the meantime, the extension of the current protection enjoyed by couples cohabiting more uxorio (as husband and wife) to same-sex couples, including for stay permits. [Para 12]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Violence against women / gender-based violence
Type:QuestionSession:7th session, February 2010Status:Not Followed up with a RecommendationContents:It inquired about steps taken to ensure legislation on violence against women covered all forms of gender-based violence. -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Ratify the OP-ICESCR and opt into the inquiry and inter-State mechanisms.ExplanationSan Marino administration has already carried out an examination of San Marino legislation for conformity with the OP-ICESCR and after assessing it as compliant, it has started the accession process.ImplementationNational Report:
Para 15) In accordance with the recommendations accepted in the second UPR round: … (b) on 20 July 2015, San Marino acceded to the OP-ICESCR, done at New York on 10 December 2008, also accepting the competence of the CESCR under Articles 10 and 11 of the Covenant;
UN Compilation:
Para 2) The HR Committee welcomed the ratification of the OP-ICESCR …
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:20th session, November 2014Status:RejectedContents:Introduce appropriate administrative or legislative reforms to ensure equal protections for same-sex couples, including on matters of residency and inheritance.ExplanationThe San Marino legislation in force does not allow to accept this recommendation.ImplementationNational Report:
Para 29) The fundamental principle of equality expressed in Art. 4 of the Declaration on the Citizens’ Rights is further applied in concrete terms in Law no. 66 of 28 April 2008 "Provisions on racial, ethnic, religious and sexual discrimination", which supplemented the provisions of the current Criminal Code. A new offence was introduced with Article 179 bis, which punishes anyone disseminating by any means ideas based on racial or ethnic superiority or hatred, or inciting someone to commit, or committing discriminatory acts on the grounds of race, ethnicity, nationality, religion or sexual orientation. This offence can be prosecuted ex officio. Article 179 bis was then amended with Law no. 57 of 6 May 2016 "Rules adjusting San Marino legal system to the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence" by introducing the prohibition of discrimination based on gender identity.
Para 28) … Moreover, Article 235 of the Criminal Code has been amended in relation to family maltreatment, also introducing the offence of domestic violence, and Article 179 bis of the Criminal Code has been supplemented with the prohibition to discriminate based on gender identity.
Para 46) As already mentioned, Law no. 57/2016 introduced the prohibition of discrimination based on gender identity.
Para 47) With Law no. 147 of 20 November 2018, San Marino has introduced a completely new and modern institution, mainly for the protection of same-sex couples, i.e. the "Law regulating civil registered partnerships", under which the legal system recognises equal dignity, rights and safeguards to civilly registered partners, both homosexual and heterosexual couples, compared to married ones. Citizens who decide to register their partnership civilly, in accordance with the aforementioned Law and its Regulation, acquire the same status as married couples in terms of residence and succession, cohabitation, mutual assistance, inheritance rights and other matters, whether the couple is of the same sex or of a different sex.
Para 48) Sexual education programmes are carried out in schools at all levels where education is compulsory, accompanied by emotional education programmes: these two aspects are never separated from each other in view of an integrated and complex education. Moreover, in this regard, programmes are implemented concerning education on respect for others, non-violence, as well as inclusion and solidarity amongst peers. The “Curriculum of education to citizenship” has been introduced as part of the ongoing reform of San Marino school curricula. This curriculum expressly provides for knowledge of LGBT rights.
UN Compilation:
Para 9) While taking note of the existing legal provisions against discrimination, the Human Rights Committee was concerned that San Marino had not yet adopted comprehensive antidiscrimination legislation and that articles 90 and 179 bis of the Criminal Code relating to discrimination only referred to discrimination based on racial, ethnic, national, religious and sexual orientation grounds and not other grounds for discrimination, such as gender identity.
Para 11) The OHCHR Regional Office for Europe noted with concern that same-sex couples did not have the right to adopt children, marry or obtain another form of legal recognition of their relationships in San Marino.
Stakeholder Summary:
Para 18) CHR of CoE observed that while discrimination, hate speech and hate crimes on the basis of sexual orientation had thus become criminal offences, no similar provision existed for gender identity or sex characteristics. The Commissioner also observed that there was no constitutional or other provision expressly providing for equality before the law irrespective of sexual orientation, gender identity or sex characteristics, nor specific civil or administrative law provisions explicitly prohibiting discrimination on these grounds in the field of employment, access to goods or services, or any other area.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:20th session, November 2014Status:N/AContents:In addition, San Marino signed Protocol no. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe and the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. The ratification procedure is ongoing for both instruments. [Para 24] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference: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:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Promote 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.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Increase women representation in political life and in decision making positions.
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:
- Sexuality education
- Contraception
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:The HR Committeee ... also urged San Marino to ensure access to education and awareness-raising programmes focusing on the importance of contraception and of sexual and reproductive health rights. [Para 19] -
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 to make use, within the context of the refugee crisis, of the specific co-operation tools already available in the framework of Europol/Interpol which are specifically aimed at identifying victims of sexual exploitation and sexual abuse. [Para 84]