Displaying 43326 - 43350 of 58160 recommendations found
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State Under Review:SamoaSamoaRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Gender equality
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Endorse and promote the National Policy for Women, which addresses issues of discrimination against women, and ensure the speedy enactment of the Family Safety Bill 2009.ImplementationNational Report:
Para 53) The National Policy for Women 2010-2015 was endorsed by Cabinet in 2010 and is currently under review with independent technical support from the Secretariat of the Pacific Community. One of the key policy outcomes includes 'increasing women's participation in public life and decision making'. The policy identified as one of its main activities the support for increasing women's participation in political and public life. The review upon finalization will set the priorities for the development of the new Gender and Women's policy for the next 5 years as well as a program for implementation. -
State Under Review:SamoaSamoaRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:CEDAW recommended that Samoa ensure that mediation is not mandatory in cases of violence against women and girls, including domestic violence, and that victims have access to effective remedies. [Para 24]
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State Under Review:SamoaSamoaRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
- Women's participation
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:While commending greater recognition of women in senior roles and positions of leadership in the community, JS1 stated that the Government needed to address the eradication of discrimination against women in other areas such as: ... the fact that some villages where women held matai titles did not allow women to participate in the village council whilst some villages did not recognise titles bestowed upon women by their families. [Para 54]
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State Under Review:SamoaSamoaRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
Type:Review DocumentationSession:39th Session, November 2021Status:Reference AddressedContents:The review of the Health and Physical Education curriculum was underway and should address issues relating to Sexual and Reproductive Health Rights education. Samoa should actively raise awareness on the issue at all levels to unpack misconceptions. [Para 9]
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State Under Review:SamoaSamoaRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Marital rape
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Immediately criminalize rape within marriage.ImplementationUN Compilation
Para 55) The Crimes Act 2013 of Samoa criminalizes rape within marriage. Section 49 (4) states that a person may be convicted of sexual violation in respect of sexual connection with another person notwithstanding that those persons were married to each other at the time of that sexual connection.
Para 56) Section 52 of the Crimes Act 2013 provides that a person who commits rape is liable for life imprisonment and a person who commits unlawful sexual connection is liable to imprisonment for a term not more than 14 years.
Stakeholder Summary:
Para 11) JS4 commended the enactment of the Crimes Act, which increased the maximum penalties for most sexual offences and criminalized sexual offences, which include rape and unlawful sexual connection.
Para 31) ... JS3 noted that UPR Working Group recommendation 73.32 (A/HRC/18/14) - criminalisation of rape within marriage - has yet to be implemented and urgently recommended that the Government fulfils this recommendation, and that adequately and sufficiently resource the implementation of the Family Safety Act 2013. -
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:National ReportIssue:
- Early marriage
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:Law No. 49 of 26 April 1986 on Family Law, in setting forth the subjective requirements for spouses, stipulates that marriage cannot be contracted by a minor, unless the minor is at least 16 years old and has been authorised by a judge to marry on serious grounds, or by a person in respect of whom a judgment for disqualification has been passed or is pending. [Para 109] -
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: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.
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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.
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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]
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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]
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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: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: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:National ReportIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:San Marino has actively participated in the Pan-European Campaign to Prevent and Combat Violence Against Women, including Domestic Violence, promoted by the Council of Europe (November 2006 – June 2008), and has joined the Campaign on violence against women launched by the United Nations on 25 February 2008. In the context of these campaigns, San Marino has strengthened and introduced measures aimed at combating the social phenomenon of violence. One of the main results of the Council of Europe Campaign was the approval of Law No. 97 of 20 June 2008, “Prevention and Repression of Violence against Women and Gender Violence”. The new Law punishes any act resulting in physical, sexual or psychological harm or suffering to the victim, including threats of such acts, coercion or arbitrary deprivation of liberty. It introduces important new elements in San Marino constitutional order: besides respect for victims’ integrity and confidentiality, it also sets forth specific provisions in the Criminal Code concerning reducing or holding in slavery or servitude, gang violence, stalking, mobbing and human trafficking, as well as protection measures for victims in criminal proceedings, namely protection and reporting orders. This Law has also established the Authority for Equal Opportunities, which is responsible for collecting data on violence against women and gender violence on a six-month basis. The Authority consists of three members appointed by the Great and General Council chosen among legal experts, representatives of non-governmental organisations active in the field of gender equality, experts in communication and psychology [Paras 38-40] -
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.
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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.
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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]
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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, 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]
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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: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: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]