Displaying 43426 - 43450 of 58160 recommendations found
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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: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]
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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: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:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:20th session, November 2014Status:AcceptedContents:Ratify the OP-CRC-IC , which establishes a complaints mechanism.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: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: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: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: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:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:RecommendationSession:7th session, February 2010Status:AcceptedContents:To ratify OP-CRC-SCImplementationNational 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: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: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: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: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: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: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.