Displaying 43451 - 43475 of 58160 recommendations found
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:34th Session, November 2019Status:N/AContents: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]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:GhanaGhanaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Adopt measures to ensure a fair representation of women in ministerial positions of the country.ExplanationWomen'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")ImplementationNational 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.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Intensify efforts to increase the representation of women in political life, in particular in the Parliament.
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:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Right to marry
- Rights of same-sex desiring persons
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents: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.
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.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Abortion
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents: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]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Sexual harassment
- Sexual exploitation / slavery
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:Slavery and slave trade are prohibited by the Criminal Code, which criminalises the acts of reducing someone in slavery and trading and trafficking in slaves. Moreover, other forms of reduction in slavery are criminalised, namely kidnapping, violation of sexual freedom, sexual abuse of minors or consenting incapable persons, sexual harassment, kidnapping with the purpose of engaging in sexual acts and corruption of minors. These provisions have been further supplemented by Law No. 61 of 30 April 2002 aimed at eradicating sexual exploitation of minors. San Marino has ratified the Supplementary Convention on the abolition of slavery, slave trade and practices comparable to slavery, as well as ILO Conventions No. 29 on forced labour, No. 105 on the abolition thereof and No. 182 on the worst forms of child labour. [Para 85] -
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:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Other
Type:QuestionSession:7th session, February 2010Status:Not Followed up with a RecommendationContents: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 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:TunisiaTunisiaRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- Violence against women / gender-based violence
- Domestic violence
- Women's and / or girls' rights
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Continue combating discrimination against women, domestic violence and gender-based violence.
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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:IcelandIcelandRegional groupWEOGIssue:
- Abortion
Type:RecommendationSession:34th Session, November 2019Status:Unclear ResponseContents:Eliminate criminal sanctions against women and girls in cases of voluntary abortion and eliminate all barriers that currently hinder access to legal, affordable, and timely termination of pregnancy.
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:Stakeholder SummaryIssue:
- International human rights instruments
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:CHR of CoE urged the authorities to ratify … the Istanbul Convention on preventing and combating violence against women and domestic violence. [Para 4]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:7th session, February 2010Status:N/AContents:With regard to labour, Law No. 40 of 25 May 1981 prohibits any discrimination based on sex at all career levels. Today, the overall number of working women in San Marino accounts for about 42 percent of the total workforce. In the last 30 years, a widespread economic welfare and several provisions aimed at supporting women have enabled San Marino women to rapidly increase their participation in the social life of the Country. In addition, a relatively high number of women holds middle and middle-high ranking positions both in the public and the private sector. Different benefits (financial, tax benefits and real services) are envisaged for female proprietorships or companies owned by women or whose corporate capital is owned for 2/3 by women not exceeding 42 years of age (Law No. 134 of 24 November 1997). Finally, equal treatment in the field of work is also ensured by many provisions protecting maternity. [Para 35] -
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:LuxembourgLuxembourgRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Include gender identity as a ground of discrimination in articles 90 and 179bis of the criminal code and promote public awareness of diversity and respect for sexual orientation and the gender identity of all persons, especially through human rights education and awareness raising campaigns.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:20th session, November 2014Status:Reference AddressedContents:The HR Committee requested information on any programmes established, and awareness-raising measures adopted, to promote the implementation of act No. 97 of 20 June 2008 on the Prevention and Repression of Violence against Women and Gender Violence, to tackle violence against women. It also requested that San Marino indicate the measures taken to prevent gender-based and domestic violence ... [Para 9] -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Women's participation
Type:RecommendationSession:34th Session, November 2019Status:AcceptedContents:Redouble efforts in increasing the political participation of women.
Explanationthe San Marino legal system already contains measures to increase the representation of women in political life, such as the mandatory representation of at least 1/3 of women in electoral lists of political forces. After the last general elections, held on 8 December 2019, women participation in Parliament raised to 31.5%, compared to 26.3% of the previous legislature. In addition, one of the two Heads of State for the current six-month term and the Minister of Internal Affairs are women. With regard to public officials, women, also in managerial positions, hold most of these positions in San Marino.
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:UN CompilationIssue:
- Abortion
Type:Review DocumentationSession:34th Session, November 2019Status:Reference AddressedContents:The OHCHR Regional Office for Europe noted that abortion remained illegal under most circumstances in San Marino. In 2017, a popular initiative to legalize abortion had triggered strong divisions between the centre-left Government and the conservative opposition, which had drawn support from Catholic movements. [Para 20]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Sexual abuse
- Sexual exploitation / slavery
Type:Review DocumentationSession:34th Session, November 2019Status:Not Followed up with a RecommendationContents:LC urged San Marino that have not yet done so to take the necessary legislative or other measures to ensure that child victims of sexual exploitation and sexual abuse affected by the refugee crisis may benefit from therapeutic assistance, notably emergency psychological care. [Para 82]
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State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:Stakeholder SummaryIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:7th session, February 2010Status:Reference AddressedContents:"In 2009, JS1 reported that non-conventional family models such as unmarried partners, cohabitants and same-sex civil partners are not recognised and therefore do not have the same rights when it comes to inheritance or residency. JS1 stressed that San Marino should take all necessary legislative, administrative and other measures to ensure that no family maybe subjected to discrimination on the basis of the sexual orientation or gender identity of any of its members, including with regard to family-related social welfare and other public benefits, employment and immigration. [Para 21]" -
State Under Review:San MarinoSan MarinoRegional groupWEOGSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Other
- Rights of same-sex desiring persons
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To put in place measures to protect members of non-conventional family models from discrimination in terms of employment, immigration, family-related social welfare and other public benefits.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:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Gender equality
- Gender perspective in policies, programmes
Type:RecommendationSession:7th session, February 2010Status:RejectedContents:To establish a high-level platform for the monitoring and promotion of women's rights and gender equality, and to ensure that a gender perspective is mainstreamed in policy- and decision-making.ExplanationSan Marino is not in a position to accept recommendations Nos. 3 and 4 above, because three institutions in place - namely, the Ministry for Health, Social Security, Family, Social Affairs and Equal Opportunities; the Authority for Equal Opportunities; and the Equal Opportunities Commission %u2013 already perform, under their respective mandates, the functions of protecting, promoting and monitoring women%u2019s rights.