28/9 Report of the Working Group on the Universal Periodic Review - San Marino

GE.14-25061 (E)



Human Rights Council Twenty-eighth session

Agenda item 6

Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

San Marino

* The annex to the present report is circulated as received.

Contents

Paragraphs Page

Introduction ............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process ................................................ 5–77 3

A. Presentation by the State under review ........................................................... 5–23 3

B. Interactive dialogue and responses by the State under review ........................ 24–77 6

II. Conclusions and/or recommendations ..................................................................... 78–81 13

Annex

Composition of the delegation ......................................................................................................... 19

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1 of 18 June 2007, held its twentieth session from

27 October to 7 November 2014. The review of San Marino was held at the 6th meeting, on

29 October 2014. The delegation of San Marino was headed by Pasquale Valentini,

Minister for Foreign Affairs. At its 10th meeting, held on 31 October 2014, the Working

Group adopted the report on San Marino.

2. On 15 January 2014, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of San Marino: Burkina Faso, Chile, China.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of

the annex to resolution 16/21, the following documents were issued for the review of San

Marino:

(a) A national report submitted/written presentation prepared in accordance with

paragraph 15 (a) (A/HRC/WG.6/20/SMR/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/20/SMR/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/20/SMR/3).

4. A list of questions prepared in advance by Liechtenstein, Mexico, the Netherlands,

Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was

transmitted to San Marino through the troika. These questions are available on the extranet

of the universal periodic review (UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of San Marino presented its report for the second cycle of the UPR

on the human rights situation.

6. The delegation noted that, in July 2014, it had presented the national report prepared

by the Ministry of Foreign Affairs in collaboration with the Ministries of Internal Affairs,

Health, Labour and Education and other government offices. It stated that the national

report included the steps taken to implement the recommendations accepted during the first

review, noting that several provisions adopted in recent years had been based on those

recommendations.

7. The delegation explained the approach that San Marino had always held towards the

protection of human rights in the context of its Declaration on the Citizens’ Rights and

Fundamental Principles of San Marino Constitutional Order. The delegation stated that San

Marino was one of the few States that, in the field of human rights, did not need internal

implementation rules, as international law was an integral part of national law, and even

superseded this in the event of any conflict.

8. The delegation highlighted the human rights conventions that had been ratified or

adopted. On 1 July 2010, San Marino ratified the United Nations Convention against

Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking

in Persons, Especially Women and Children, and the Protocol against the Smuggling of

Migrants by Land, Sea and Air, supplementing it. On 21 July 2011, it ratified the Optional

Protocol to the Convention on the Rights of the Child on the involvement of children in

armed conflict (OP-CRC-AC) and the Optional Protocol to the Convention on the Rights of

the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC).

On 23 October 2013, it acceded to the Convention on the Prevention and Punishment of the

Crime of Genocide, and, on 5 September 2014, approved Law No. 138 on “Regulations on

the Prevention and Punishment of the Crime of Genocide”. In recent years, San Marino has

ratified the following Council of Europe instruments: the Convention on the Protection of

Children against Sexual Exploitation and Sexual Abuse; the Convention on Action against

Trafficking in Human Beings; Protocol No. 15 amending the Convention for the Protection

of Human Rights and Fundamental Freedoms; and the European Charter of Local Self-

Government. Furthermore, San Marino signed the Council of Europe Protocol No. 16 to the

Convention for the Protection of Human Rights and Fundamental Freedoms, and the

Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence. The delegation stated that the ratification procedure was ongoing for

both instruments.

9. Regarding the question submitted by Liechtenstein, the delegation announced that,

having ratified on 21 July 2011 the amendment to article 8 of the Rome Statute of the

International Criminal Court, the ratification process of the amendments to the Statute, on

the crime of aggression, was expected to be completed during the current session of

Parliament.

10. The delegation also addressed the question submitted by the Netherlands on the

intentions of San Marino to ratify the Council of Europe Convention on Cybercrime and its

Additional Protocol. It stated that a study on compliance with the Convention had been

completed, though, owing to the necessary adjustment of domestic legislation, the

introduction of new technologies and specific training of the personnel involved, San

Marino was unable to predict a time frame for accession.

11. The delegation pointed out that progress had been made in the prevention of

violence against women and gender violence, through the approval of Law No. 97 of

20 June 2008 on “Prevention and elimination of violence against women and gender

violence”, which introduced into the San Marino legal system the offences of gang

violence, stalking and trafficking in human beings, and modified the offence of

enslavement. The delegation also commented that the law established the Authority for

Equal Opportunities as a mechanism for monitoring its implementation. The establishment

of a dedicated authority allowed legislation on the protection of equal opportunity to be

completed. The delegation went on to say that the Authority operates alongside the

Commission for Equal Opportunities, which deals with issues related to awareness-raising

and the promotion of legislative and non-legislative measures to guarantee the legal

equality of citizens.

12. On 31 May 2012, a decree was adopted to implement the above-mentioned Law.

The decree also established an assistance centre for victims of violence.

13. The delegation reported that coordination between the Health Authority and the

Authority for Equal Opportunities had been established in order to collect data on violence

against women and gender violence in San Marino.

14. In addition, the delegation stated that a special study group had been established in

order to identify the amendments to be made and the requirements to be met in view of the

ratification of the Council of Europe Convention on preventing and combating violence

against women.

15. The delegation said that the Parliament of San Marino had adopted a law that

introduced amendments to the Criminal Code and the law aimed at reforming family law,

by introducing the prohibition of corporal punishment in the exercise of correction or

discipline powers.

16. The delegation stated that Law No. 142 of 9 September 2014, entitled “Legislation

relating to specific developmental disorders in schools and training facilities”, had been

approved. That law underlined the importance of the role of education for the development

of social integration, as strongly reiterated at the Council of Europe Standing Conference of

Ministers of Education, held in Helsinki on 26 and 27 April 2014, and aimed at protecting

students with specific developmental disorders and special educational needs.

17. In the national report, the delegation cited the work carried out by the Ministries of

Education and Health for the development of a framework law on disability. The proposed

framework law fully incorporates the principles, definitions and content of the Convention

on the Rights of Persons with Disabilities (CRPD) and includes some instruments that are

fundamental to its implementation. The delegation stated that the draft law provides for the

establishment of a special commission tasked with monitoring the implementation of the

principles contained in the Convention.

18. The delegation stated that, in response to the recommendations of the Council of

Europe Group of States against corruption (GRECO), Law No. 141 of 5 September 2014

introduced the “Code of Conduct of Public Officials”.

19. In response to the question submitted by the Netherlands, the delegation stated that

the recommendation made by the European Commission against Racism and Intolerance of

the Council of Europe on the San Marino Commission for Equal Opportunities had been

assessed by the Commission and that it had transmitted its opinion. In the light of this, the

Government intended to work with the Commission to develop the necessary measures for

the implementation of the recommendation.

20. In reply to the question submitted by Slovenia concerning the measures adopted to

improve prison detention conditions in San Marino, the delegation stated that procedures

had improved in recent years. According to the delegation, San Marino had acceded in

December 1989 to the European Convention for the Prevention of Torture and Inhuman or

Degrading Treatment or Punishment. The delegation reported that, since then, a delegation

from the Council of Europe European Committee for the Prevention of Torture had visited

San Marino four times: in March 1992, June 1999, February 2005 and January 2013.

21. With respect to the second question submitted by Slovenia, on raising the minimum

age for military recruitment to 18, the delegation stated that the age of 16 for recruitment in

the case of general mobilization had been established in previous regulations, which San

Marino had long planned to change. The delegation explained that the delay in the

amendment of that provision was due to the fact that the measure was part of a more

complex ongoing reform concerning the reorganization of the military corps and its

regulations.

22. In response to the question from Mexico on the freedom of expression in electronic

format and the sanctions for improper and legally actionable conduct in the field of

publishing and freedom of the media, the delegation stated that a new law sought to balance

freedom of expression and protection of the dignity, integrity and privacy of the individual.

The delegation explained that, under that new law, certain modes of expression of

information had been regulated by introducing a code of ethics for operators and an

authority that monitored any abuses or distortions. Moreover, the new law established and

governed more flexible instruments for the protection of citizens and more accessible

appeal procedures for individuals.

23. The delegation reported that the law also specifically regulated the field of

newspapers and online publications, by making them equal in all aspects and effects to

paper publications, with the obvious differences related to the diversity of the means of

expression.

B. Interactive dialogue and responses by the State under review

24. During the interactive dialogue, 35 delegations made statements. The

recommendations made during the dialogue can be found in section II of the present report.

25. Kuwait commended the efforts to promote and protect human rights and welcomed

the ratification of a number of international conventions and protocols since 2010,

including OP-CRC-SC; the United Nations Convention against Transnational Organized

Crime and two Protocols supplementing it; and the Convention on the Prevention and

Punishment of the Crime of Genocide. It noted commendable efforts that San Marino had

made for the promotion of the rights of persons with disabilities and the accession to related

conventions. Kuwait made a recommendation.

26. Malaysia noted the transparent and consultative approach taken by San Marino with

respect to the UPR and the progress made in the field of human rights, through its

commitment to implementing the recommendations accepted during the first cycle of the

UPR and the introduction of various legislative and institutional measures. In particular,

Malaysia commended San Marino for ongoing and continuous steps to protect women’s

rights and promote the role of women in the country, and measures to further integrate

persons with disabilities into society, in line with its obligations under CRPD, amongst

others. It noted the adoption of important laws and provisions relating to violence against

women and the enforcement of measures for the protection of women, expressed

appreciation for the strong belief of San Marino in the value of the family for human

development and its efforts to protect the family institution, and encouraged them to

continue in that regard. Malaysia made recommendations.

27. Mexico welcomed the adoption of international instruments since the first cycle of

the UPR. In particular, it noted the ratification of OP-CRC-SC, the United Nations

Convention against Transnational Organized Crime and two Protocols supplementing it. It

recognized the advances made in combating domestic violence, notably through the

implementation of prevention programmes and the provision of medical and psychological

support for victims. It thanked San Marino for the response to its query regarding freedom

of expression. Mexico made recommendations.

28. Monaco welcomed the advances made regarding the rights of persons with

disabilities, notably the steps taken to implement CRPD, as well as the extension of the

advantages to adoptive and foster parents granted under Law No. 43/2014. Monaco

requested further information on the functioning of the residential centre for persons with

disabilities. It welcomed the ratification of OP-CRC-AC and OP-CRC-SC. Monaco made a

recommendation.

29. Montenegro commended San Marino for its commitment to the promotion and

protection of human rights, expressing appreciation of its efforts to abolish the death

penalty and protect the rights of women and children. While welcoming the dedication of

San Marino to the UPR process, Montenegro observed that reports to several committees

on the implementation of core human rights instruments were still overdue, and encouraged

the Government of San Marino to make additional efforts to improve cooperation with the

treaty bodies system. It noted the requests made by the Human Rights Committee

concerning the introduction of a juvenile criminal justice system and asked San Marino to

elaborate on the activities taken in that regard. Montenegro made recommendations.

30. The Netherlands commended San Marino on its human rights record and efforts to

ratify related instruments. In particular, it welcomed the ratification of the OP-CRC-SC and

OP-CRC-AC, as well as the accession to the Convention on the Prevention and Punishment

of the Crime of Genocide. However, it noted that the independent information and

concluding observations of the treaty bodies were out of date, as some country reports were

still outstanding. The Netherlands made recommendations.

31. The Philippines recognized the strong commitment of the Government of San

Marino to the overall development of the country and the fulfilment of the human rights of

its people and lauded the accession of San Marino to a number of international human

rights conventions in the period under review, particularly its ratification of the United

Nations Convention against Transnational Organized Crime and two Protocols

supplementing it. It asked how San Marino, as an advocate of women’s rights, could

contribute to the strengthening of regional and international cooperation or partnerships in

combating trafficking in women and girls. It noted the remarkable progress achieved by

San Marino in the realization of the right to an adequate standard of living and the

provision of welfare programmes and other social safety nets for citizens who became

vulnerable as a result of the recent global financial instability. The Philippines made

recommendations.

32. Portugal praised the commitment of San Marino to the implementation of the

recommendations accepted during the first cycle and welcomed the ratification of OP-CRC-

SC and OP-CRC-AC. It noted that, although San Marino had accepted a recommendation

during the first cycle of the UPR to improve timely reporting, 10 reports to the treaty bodies

were still overdue. It welcomed the creation of a working group to prepare a draft law to

adapt San Marino’s legal terminology regarding the concepts of legitimate and natural

children, and encouraged efforts in that regard. Portugal made recommendations.

33. Serbia congratulated San Marino for its dedication to human rights, democracy and

the rule of law and noted San Marino’s efforts to align domestic legislation with

international standards, as well as its pledge to comply with international treaties. It

applauded San Marino’s advocacy work to abolish the death penalty worldwide and

commended efforts to implement recommendations made by the European Committee for

the Prevention of Torture. It noted that constitutional and legislative norms and ratified

international treaties on human rights guaranteed equality and freedom from discrimination,

and encouraged San Marino to continue its positive promotion of the principle of equality

and non-discrimination, taking into account all relevant recommendations of the European

Commission against racism and intolerance. Serbia made a recommendation.

34. Sierra Leone commended San Marino’s efforts to promote and protect human rights

in spite of the international economic crisis, which has affected the strategies and measures

taken to address the right to a fair trial, as well as the death penalty, violence against

women and domestic violence. It was interested to note that San Marino had been the third

country to abolish the death penalty. It appreciated efforts to align domestic legislation with

international human rights instruments and commended measures to ensure freedom of

religion or belief. It acknowledged San Marino’s efforts to sign, ratify or accede to more

human rights instruments since the first cycle of the UPR, but noted that further efforts

were required to address racism, xenophobia and corruption. It lauded San Marino’s

financial contribution to OHCHR in 2011 and 2013. Sierra Leone made recommendations.

35. Singapore commended the efforts taken by San Marino to combat domestic

violence, noting the role played by the Authority for Equal Opportunities in enforcing the

Law on the Prevention and Elimination of Violence against Women and Gender Violence,

implementing the related decree (97) to assist victims of violence and promoting public

awareness on services available, including shelter for victims of domestic violence. A

technical-institutional panel of experts was set up in 2012 to improve coordination among

agencies in addressing domestic violence. Singapore noted efforts to build an inclusive

society for persons with disabilities, including the drafting of a framework law on disability

to strengthen implementation of CRPD, and the preparation of decrees on specific policy

themes, such the elimination of architectural barriers, as well as job placements, health and

social inclusion. Singapore made recommendations.

36. Slovenia noted the implementation of the majority of recommendations accepted

under the first cycle of the UPR, including ratification of OP-CRC-AC and OP-CRC-SC. It

noted progress made in the field of anti-discrimination and thanked San Marino for

responding to its question on steps taken to improve prison detention conditions. Following

the request from the Human Rights Committee, Slovenia requested information on

measures that could be taken to modify legislation (article 3 of Act No. 15 of 26 January

1990) regarding the exceptional circumstances in which all citizens aged 16 to 60 could be

conscripted. Slovenia made a recommendation.

37. Spain welcomed the delegation of San Marino and thanked it for its presentation and

the replies to its advanced questions. It congratulated the country on the adoption of the

Law on Provisions on Maltreatment within the Family and on Children by the Great and

General Council. Spain noted the concerns expressed by the Human Rights Committee

regarding the failure of San Marino to approve a new Code of Criminal Procedure. Spain

made recommendations.

38. Thailand commended the efforts made by San Marino since its first review,

particularly human rights awareness-raising initiatives and the improvement of its

normative framework in various areas, aimed at better integration of foreigners and

vulnerable groups. It expressed appreciation of progress in the protection of children’s

rights, particularly regarding ratification of OP-CRC-AC and OP-CRC-SC. It expressed

interest in the recent examination of a draft law on provisions against child maltreatment in

the family and looked forwards to its adoption. While noting steps already taken to better

protect the rights of persons with disabilities, Thailand considered that further efforts could

be made to promote independent living and better integration into society. Thailand made

recommendations.

39. Ukraine noted the ratification since the last review of important international human

rights mechanisms and the alignment of domestic legislation with relevant international

standards. It appreciated the progress made to protect and promote the rights of its citizens,

particularly regarding women’s rights and gender equality. It recognized the increased

representation of women in the San Marino Parliament and encouraged it to take further

steps in empowering women to end the underrepresentation of women in the Government,

particularly in ministerial positions. Ukraine welcomed efforts regarding freedom of

expression, particularly the initiation of procedures on a new draft law on publishing and

the profession of media operators, and expressed hope that it would be swiftly adopted and

compliant with corresponding international standards.

40. The United Kingdom of Great Britain and Northern Ireland welcomed San Marino’s

firm commitment to the promotion and protection of human rights. It commended San

Marino for its ongoing efforts to reflect international human rights standards in domestic

legislation. The United Kingdom made recommendations.

41. The United States of America commended San Marino’s exemplary human rights

record, longstanding commitment to democracy and the promotion and protection of human

rights. While recognizing that labour standards were generally well enforced, it expressed

concern that some employers did not consistently abide by safety regulations, including

limitations on working hours and the use of personal safety devices, particularly in the

informal labour market. It noted that the Ministry for Territory and Environment had not

fully implemented a law that mandated easier access to public buildings for persons with

disabilities, and that many buildings remained inaccessible. It made recommendations.

42. Uruguay noted San Marino’s ratification of OP-CRC-AC and OP-CRC-SC, and its

accession to regional human rights instruments. It noted the draft law to prohibit the

corporal punishment of children in all settings, including at home and in day care, and

hoped that it would be discussed fruitfully by the Parliament in order to meet San Marino’s

commitments pursuant to the first cycle of the UPR. It noted San Marino’s efforts to

comply with its international obligations, in particular regular reporting to treaty bodies. It

encouraged San Marino to continue those efforts and its cooperation with OHCHR. It

welcomed that San Marino was considering acceding to the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Uruguay

made recommendations.

43. The Bolivarian Republic of Venezuela emphasized San Marino’s political

commitment to implementing recommendations accepted during the first cycle of the UPR,

despite the serious international economic crisis. It noted San Marino’s adherence to

international instruments, including the United Nations Convention against Transnational

Organized Crime and two Protocols supplementing it, the Convention on the Prevention

and Punishment of the Crime of Genocide, OP-CRC-SC and OP-CRC-AC. It commended

progress made in the legal sphere to promote equality of all people before the law and

protect the rights and freedoms of the population and acknowledged the policies to protect

women’s rights and promote their participation in society through the adoption of important

legal provisions and measures relating to the protection of women from violence. It made a

recommendation.

44. Algeria congratulated San Marino on the ratification of OP-CRC-AC and OP-CRC-

SC; as well as the adoption of legal provisions relating to violence against women and the

promulgation of texts to improve the effectiveness of the legal system, particularly in the

area of criminal law. It welcomed the measures taken to consolidate the protection of the

family and its solidarity. Algeria made recommendations.

45. Argentina welcomed the delegation of San Marino. It congratulated San Marino for

acceding to the Convention on the Prevention and Punishment of the Crime of Genocide.

Argentina made recommendations.

46. Australia, commending San Marino’s exemplary human rights record, noted that its

human rights framework valued the integrity of the person, afforded a high degree of

political participation and enforced civil liberties. Despite the fact that the Declaration on

the Citizens’ Rights and Fundamental Principles of San Marino Constitutional Order

prohibited discrimination on all grounds, it was concerned that same-sex couples still

encountered discrimination in some basic rights, including residency and inheritance. It

commended efforts to protect the rights of persons with disabilities in many areas,

particularly employment, education, health care and other state services. Australia made

recommendations.

47. Brazil welcomed the ratification of OP-CRC-AC, OP-CRC-SC and the Convention

on the Prevention and Punishment of the Crime of Genocide, and the enactment of

legislation on maltreatment within the family and on children. It maintained that it was

important to increase awareness of the importance of combating racism, racial

discrimination and xenophobia, through the effective implementation of Law No. 66 on

provisions against racial, ethnic and religious discrimination. Noting that Decree

No. 60/2012 established various forms of assistance to women who were victims of

violence, Brazil asked what specific measures had been taken to prevent gender-based and

domestic violence. Brazil made recommendations.

48. Burkina Faso noted San Marino’s commitment to cooperate with human rights

mechanisms, including its standing invitation to the special procedures of the Human

Rights Council. It welcomed efforts to abolish the death penalty, combat transnational

organized crime, legalize the residence status of foreign nationals and support workers who

were victims of the economic crisis. It commended the ratification of various human rights

instruments, notably OP-CRC-AC and OP-CRC-SC, and regional instruments, by acceding

to instruments containing complaint mechanisms and enabling individuals to seek

reparation. It welcomed the adoption of legislation to protect female victims of violence,

including domestic violence, and actions in favour of children and persons with disabilities.

It encouraged the establishment of the National Observatory on the Family, increased

efforts to promote human rights in its educational system and improved reporting to treaty

bodies.

49. Canada asked San Marino to provide up-to-date information regarding steps to

establish an independent ombudsman for the protection and promotion of human rights, in

accordance with the principles relating to the status of national institutions (Paris

Principles). It noted that San Marino had ratified OP-CRC-AC and OP-CRC-SC, and had

welcomed the contribution that those instruments made to the protection of the rights of

children. Canada made recommendations.

50. Costa Rica thanked San Marino for the presentation of its national report and

congratulated the progress made in the promotion and protection of human rights. It noted

that San Marino had ratified several international instruments and had been the first State

party to the Rome Statute of the International Criminal Court to ratify the amendment to

article 8 of that Statute. It welcomed the adoption of measures to prohibit the corporal

punishment of children and those that had raised the minimum age of criminal

responsibility. Costa Rica made recommendations.

51. Côte d’Ivoire said that the national report indicated the constant commitment of the

Government of San Marino to the promotion and protection of human rights, through the

adoption of various measures and policies for the promotion of equality for all, such as

those aimed at combating discrimination; protecting women, children, elderly persons and

persons with disabilities; combating domestic violence; and strengthening the judicial,

political and social systems. Those measures demonstrated the importance that San Marino

placed on international obligations and on the protection of fundamental freedoms. It

encouraged San Marino to continue to cooperate with international human rights

mechanisms. Côte d’Ivoire made recommendations.

52. Estonia noted San Marino’s accession to most core international human rights

instruments and its standing invitation to the special procedures of the Human Rights

Council. However, it raised concern at the lack of reporting to the treaty bodies and hoped

that San Marino would make positive steps in that regard. It commended the ratification of

the Convention on the Prevention and Punishment of the Crime of Genocide; the United

Nations Convention on Transnational Organized Crime, the Protocol to Prevent, Suppress

and Punish Trafficking in Persons, Especially Women and Children supplementing it, OP-

CRC-SC and OP-CRC-AC. In that regard, it called upon San Marino to review the law on

extraordinary military conscription and withdraw the relevant clauses of that law to bring it

into compliance with OP-CRC-AC. The protection of women’s rights and their

participation in society was a priority and should continue. There was a need for a freedom

of information law in accordance with international standards. Estonia made

recommendations.

53. France welcomed the delegation from San Marino. It welcomed the commitment

shown by San Marino in favour of human rights, and its accession to various international

human rights instruments since its review under the first cycle of the UPR. France made

recommendations.

54. Germany thanked San Marino for its national report and welcomed the progress

made by the country since the first cycle of the UPR, for example, regarding its human

rights legislation. It commended San Marino’s cooperation with civil society, OHCHR, the

special procedures of the Human Rights Council and United Nations treaty bodies.

Germany made recommendations.

55. Ghana welcomed the delegation of San Marino and applauded the country’s

dedication to the UPR process. Ghana made recommendations.

56. The Holy See welcomed steps taken since the first cycle of the UPR to promote and

protect human rights and strengthen legislation and on the administration of justice in line

with international instruments. It commended the continued protection of the institution of

the family as a union based on a stable relationship between a man and a woman, and the

related legislation that extended the right of a parent to be absent from the workplace when

his or her child was ill or to assist family members who required special assistance,

including owing to disability or serious age-related disease. It made recommendations.

57. Indonesia applauded the priority given to the protection of women’s rights in

national policy and the adoption and effective implementation of Law No. 97/2008 on the

prevention and elimination of violence against women and gender violence. The

establishment of a national human rights institution in line with the Paris Principles would

further support San Marino’s efforts to combat violence against women, as well as its

efforts in other areas. Indonesia noted that San Marino had ratified several international

human rights instruments. The International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (ICRMW) would be particularly

relevant, as one third of San Marino’s population lived abroad. Indonesia made

recommendations.

58. Ireland commended San Marino for extending a standing invitation to the special

procedures of the Human Rights Council. However, it noted that a significant number of

reports to the treaty bodies were overdue. It welcomed San Marino’s ratification of OP-

CRC-AC and OP-CRC-SC. Ireland made recommendations.

59. Italy commended San Marino for its commitment to cooperating with international

human rights mechanisms, and for extending a standing invitation to the special procedures

of the Human Rights Council. It noted the difficulties faced by San Marino in fulfilling its

reporting obligations, and the measures it had taken to end the backlog. It encouraged San

Marino to consider best practices and expedite the drafting of reports under the

International Covenant on Civil and Political Rights. It asked for information about the

function, lessons learned and best practices of the panel created to coordinate measures to

prevent and combat violence against women. It asked whether San Marino would consider

the establishment of a formal procedure for processing asylum requests. Italy made a

recommendation.

60. San Marino thanked all the delegations for their interesting and valuable

recommendations.

61. As regards the treatment of asylum applications, the Minister for Foreign Affairs

informed the delegations that it was not foreseen to introduce a relevant procedure, given

the very low number of applications received in recent years, often submitted by persons

from countries that upheld high human rights standards. Establishing a procedure to

determine refugee status would prove problematic owing to the lack of border control

between Italy and San Marino.

62. In the case of foreigners who were unable to return to their home countries, he said

that the Government of San Marino may issue an extraordinary stay permit for

humanitarian and social protection reasons issued on a case-by-case basis. Beneficiaries

would then be entitled to temporary medical and financial assistance provided by the Social

Welfare Institute.

63. With respect to questions related to discrimination, including on the basis of sexual

orientation and gender identity, and on the need to protect single-parent and non-

conventional families, he said that all people were equal before the law and all forms of

discrimination were rejected under the Declaration of Citizens’ Rights. All sectors of the

public administration were also abiding by that principle. Such prohibition was reinforced

by Law No. 66/2008, which punished anyone who incites or commits any act of

discrimination on the basis of sexual orientation. The Law considered it an aggravating

circumstance.

64. Despite the lack of a national plan against discrimination, he said that San Marino

had participated in international campaigns and had carried out national initiatives to raise

awareness in that field.

65. The Minister said that great importance had been attached to the role played by the

Authority and the Commission for Equal Opportunities, which have jointly promoted

actions to encourage the participation of all citizens in the political, social and economic

life according to the principle of legal equality.

66. In that regard, he said that school played a major role. Respect for diversity was

discussed and promoted in all school grades, thus favouring integration, learning about

different cultures, understanding and tolerance. The fight against discrimination was a

practical experience in school, which contributed effectively to inclusion. All children

residing in San Marino, including on a temporary basis, were provided with a free

education. All children with disabilities, including those with severe disabilities, had access

to education, including through the support of professionals and personalized didactical

tools.

67. Regarding the question of single-parent and non-conventional families, he said that,

in San Marino, there had been a growing number of unmarried cohabiting couples. Also,

that category of persons was recognized and protected by San Marino family law. Indeed,

children born from those relationships enjoyed the same rights as those of children born in

wedlock. In that regard, attention was also brought to single-parent families who, on

account of their inherent characteristics, required stronger protection. Due consideration

had also been given to single-parent families by allowing single people to adopt children.

68. The Minister said that a national debate, encouraged by civil society, was ongoing

about same-sex unions. Parliament had recently addressed the issue and had decided not to

consider same-sex unions on an equal footing to traditional households. Cohabitation

between persons of the same sex was recognized if they are entitled to live in the territory,

but their rights and duties were regulated by private law.

69. As for human rights education, he said that San Marino was committed to the

promotion of human rights in education by implementing relevant projects, including

training for teachers and the involvement of families.

70. He said that education on human rights and the protection and respect for differences

followed an interdisciplinary approach and was aimed at promoting the integration of

values in all contexts to combat racism and intolerance.

71. As regards the question on the facility for persons with disabilities, “Il Colore del

Grano”, it was explained that the centre hosted persons with various types of disabilities

and contributed to their education, rehabilitation and social inclusion by providing

assistance, care and treatment, including in support of their families.

72. With reference to international instruments, San Marino recognized the importance

of treaties that contain individual complaint mechanisms and was committed to addressing

reporting delays and to acceding to OP-ICESCR, the Optional Protocol to the Convention

on the Rights of the Child on a communications procedure, and to the United Nations

Educational, Scientific and Cultural Organization (UNESCO) Convention against

Discrimination in Education.

73. The Minister said that, for the time being, San Marino did not intend to adhere to or

ratify the International Convention for the Protection of All Persons from Enforced

Disappearance (ICPPED), the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, ICRMW, nor the

Convention relating to the Status of Refugees.

74. As regards the establishment of a national institution on human rights based on the

Paris Principles, San Marino considered the existing complaint mechanisms to be adequate.

Anyone may file a petition to the Head of State to complain about violations of human

rights and other related issues.

75. On the question about juvenile crime, Law No. 140/2014 raised the age of juvenile

jurisdiction to 14, with safeguards for children under 18 and alternative measures to

detention under the Criminal Code.

76. The reform of the Criminal Procedure Code was a major priority. Government

Decision No. 20/2013 entrusted a technical working group with the drafting of a new code.

77. Finally, the Minister committed to giving due consideration to all recommendations

to enhance human rights in San Marino.

II. Conclusions and/or recommendations**

78. The recommendations formulated during the interactive dialogue and listed

below have been examined by San Marino and enjoy the support of San Marino:

78.1 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (ICESCR) (Montenegro, Spain);

78.2 Accede to the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Uruguay);

78.3 Ratify the Optional Protocol to ICESCR (Portugal);

78.4 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights and opt into the inquiry and inter-State

mechanisms (Germany);

78.5 Accede to the Optional Protocol to the Convention on the Rights of

the Child on a communications procedure (Monaco);

78.6 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Montenegro);

78.7 Ratify the third Optional Protocol to the Convention on the Rights of

the Child , which establishes a complaints mechanism (Portugal);

** The conclusions and recommendations have not been edited.

78.8 Sign and ratify the third Optional Protocol to the Convention on the

Rights of the Child on a communications procedure, without reservations

(Ireland);

78.9 Consider becoming a party to other related human rights

instruments, such as the Optional Protocol to the Convention on the Rights of

the Child on a communications procedure (Thailand);

78.10 Ratify, without making any reservation, the Agreement on the

Privileges and Immunities of the International Criminal Court (Germany);

78.11 Fully align its national legislation with the Rome Statute of the

International Criminal Court, including by incorporating provisions to

cooperate promptly and fully with the International Criminal Court and

investigate and prosecute genocide, crimes against humanity and war crimes

effectively before its national courts, and accede to the Agreement on the

Privileges and Immunities of the International Criminal Court (Netherlands);

78.12 Fully align its national legislation with the Rome Statute of the

International Criminal Court, to ratify the Kampala amendments to the Rome

Statute on the crime of aggression and to accede to the Agreement on the

Privileges and Immunities of the International Criminal Court (Estonia);

78.13 Incorporate into the national legislation measures to implement the

Rome Statute of the International Criminal Court, including measures to

cooperate with the Court (Costa Rica);

78.14 Ratify the UNESCO Convention against Discrimination in Education

(1960) (Slovenia);

78.15 Consider ratifying the UNESCO Convention against Discrimination

in Education (Ghana);

78.16 Intensify ongoing efforts to adjust domestic legislation to

international standards (Sierra Leone);

78.17 Pass the new criminal procedure code, which is being studied by the

technical working group (Spain);

78.18 Strengthen cooperation with civil society on promoting non-

discrimination and tolerance in society, and consider instituting regular

consultations with civil society organizations on improving the human rights

protection system (Serbia);

78.19 Engage with civil society in the follow-up to the present review

(United Kingdom of Great Britain and Northern Ireland);

78.20 Submit, as soon as possible, country reports to the Committee on the

Elimination of Racial Discrimination, the Committee on Economic, Social and

Cultural Rights, the Committee on the Elimination of Discrimination Against

Women, the Committee against Torture and the Committee on the Rights of

the Child (Netherlands);

78.21 Submit its 10 overdue reports to the United Nations treaty bodies

(Portugal);

78.22 Endeavour to submit its overdue reports, some of which have been

overdue since 2003, to the treaty bodies on the application of the conventions it

has ratified (Ghana);

78.23 Submit its outstanding reports to the treaty bodies as soon as possible

(Ireland);

78.24 Submit its national reports to the relevant United Nations treaty

bodies (Sierra Leone);

78.25 Accelerate efforts to devise and implement anti-discrimination public

awareness programmes, including in the health services sector, and intensify

campaigns to encourage tolerance and interreligious and intercultural dialogue

(Philippines);

78.26 Eliminate the legal concept of “children born outside wedlock”, as

well as combat against all forms of discrimination, both legally and in practice

(Portugal);

78.27 Continue to ensure that women are given equitable access to the

labour market and that measures introduced to address the problem of

unemployment would not result in curtailment of the rights of migrant workers

in San Marino (Philippines);

78.28 Strengthen efforts to increase public awareness of the importance of

tolerance and intercultural dialogue, and pursue measures to promote and

facilitate the integration of migrants (Brazil);

78.29 Protect the rights of all individuals, regardless of sexual orientation,

on an equal basis (Canada);

78.30 Ensure respect for minorities, especially sexual minorities (France);

78.31 Further strengthen existing mechanisms aimed at safeguarding the

rights of women, especially with regard to protection against violence (Sierra

Leone);

78.32 Continue its measures in the prevention and repression of violence

against women through effective implementation of the existing domestic

legislation and awareness-raising campaigns and programmes (Malaysia);

78.33 Continue its effort to combat domestic violence and promote gender

equality (Singapore);

78.34 Promulgate laws which expressly prohibit all forms of corporal

punishment of minors at home as well as in kindergartens, schools and other

institutions caring for children (Mexico);

78.35 Assign the necessary resources to complete the implementation of the

Law on the Prevention of ill-treatment in the heart of the family and of the

child, particularly in the field of the sensitizing and educating people on

countering violence against children (Spain);

78.36 Continue the work already under way aimed at improving the

judicial system, including the efforts to establish a new Code of Criminal

Procedure (Holy See);

78.37 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, children and the elderly (Holy

See);

78.38 Continue strengthening the social programmes and plans which drive

the fight against social exclusion and inequality, with emphasis on the areas of

employment, food and health and paying special attention to the most

vulnerable sectors (Venezuela (Bolivarian Republic of));

78.39 Adopt appropriate legislation to guarantee the rights of disabled

persons and provide them with the best care without discrimination (Kuwait);

78.40 Adopt the Framework Law on disability which will incorporate the

Convention on the Rights of Persons with Disabilities (Costa Rica);

78.41 Continue efforts in providing necessary care for persons with

disabilities in line with its obligations under CRPD (Malaysia);

78.42 Continue to enhance its domestic policies and laws to further develop

an inclusive living environment for persons with disabilities (Singapore);

78.43 Continue to ensure inclusive education for children and persons with

disabilities, as education would allow them to fully participate in society and

open the opportunity of employment (Thailand);

78.44 Bring all public buildings up to code so that they are accessible by

persons with disabilities, in line with its international obligations and

commitments (United States of America);

78.45 Take steps to improve access to buildings for people with a disability

(Australia);

78.46 Consider social policies that facilitate the integration of migrants and

asylum seekers (Holy See).

79. The following recommendations will be examined by San Marino, which will

respond in due course, but no later than the twenty-eighth session of the Human

Rights Council in March 2015. The responses will be included in the outcome report

adopted by Council at its twenty-eighth session:

79.1 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Spain, Uruguay, Argentina, France);

79.2 Consider ratifying the International Convention for the Protection of

All Persons from Enforced Disappearance (Ghana);

79.3 Ratify, without making any reservation, the International Convention

for the Protection of All Persons from Enforced Disappearance, implement it

into national law and recognize the competence of the Committee on Enforced

Disappearances to receive and consider from or on behalf of victims or other

States parties (Germany);

79.4 Consider ratifying the ICPPED (Sierra Leone);

79.5 Adhere to the Convention on the Non-Applicability of Statutory

Limitations to War Crimes and Crimes against Humanity, without making any

reservation and implement the treaty into national law (Germany);

79.6 Consider developing human rights indicators according to the

OHCHR framework, as an instrument that would allow for a more precise and

coherent evaluation of its national human rights policies (Portugal);

79.7 Strengthen measures to combat all forms of discrimination, focusing

on sensitization and monitoring (Côte d’Ivoire);

79.8 Formulate civil and administrative laws which complement the

provisions of the criminal law and are directed towards combating

discrimination on the basis of ethnicity, nationality or language, in the fields of

employment and the public services in particular (Mexico);

79.9 Strengthen the institutional and legal framework to counter all forms

of discrimination based on considerations of race, ethnic origin, religion or

colour (Algeria);

79.10 Elaborate and adopt a plan which promotes a greater and wider

understanding of discrimination and intolerance and its various manifestations

and also adopt administrative measures which allow the combating of

discrimination on the basis of ethnicity, nationality or language (Argentina);

79.11 Introduce appropriate administrative or legislative reforms to ensure

equal protections for same-sex couples, including on matters of residency and

inheritance (Australia);

79.12 Decriminalize defamation and place it under the Civil Code

(Estonia);

79.13 Adopt measures enabling more women’s political representation

(Algeria);

79.14 Ensure domestic institutions protect, promote and monitor the rights

of women and girls and strengthen equality between men and women by

ensuring the full participation of women in policy and decision-making

processes (Canada);

79.15 Adopt measures to decriminalize defamation (Ghana);

79.16 Adopt measures to ensure a fair representation of women in

ministerial positions of the country (Ghana);

79.17 Actively monitor compliance and enforce employment safety

regulations, especially in the construction and mechanical industries (United

States of America).

80. The recommendations listed below have been noted by San Marino:

80.1 Proceed with the ratification of relevant international instruments

not yet ratified and monitor implementation of instruments already ratified

(Côte d’Ivoire);

80.2 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Uruguay,

France, Portugal);

80.3 Adhere to the principles of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families and positively consider ratifying it (Mexico);

80.4 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Uruguay);

80.5 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Ghana,

Indonesia, Sierra Leone);

80.6 Continue to evaluate the possibility of future accession to other

international human rights conventions that it is not yet party to, such as the

ICRMW and the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Philippines);

80.7 Take all necessary steps to ratify the 1951 Convention relating to the

Status of Refugees and its 1967 Protocol (Brazil);

80.8 Ratify the 1951 Convention relating to the Status of Refugees and its

1967 Protocol (Italy);

80.9 Establish a national human rights institution in accordance with the

Paris Principles (Spain);

80.10 Consider the establishment of a national human rights institution in

accordance with the Paris Principles (Indonesia);

80.11 Ensure equal rights of lesbian, gay, bisexual and transgender people

by legally recognizing same-sex marriage and civil partnerships (United

Kingdom of Great Britain and Northern Ireland).

81. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of San Marino was headed by His Excellency Pasquale Valentini,

Minister of Foreign Affairs, and composed of the following members:

• Ms. Federica Bigi, Director of Political and Diplomatic Affairs of the Department of

Foreign Affairs;

• Ms. Ilaria Salicioni, First Secretary of the Directorate of Political and Diplomatic

Affairs of the Department of Foreign Affairs;

• Mr. Eros Gasperoni, First Secretary of the Directorate of European Affairs of the

Department of Foreign Affairs;

• Mr. Stefano Palmucci, Expert of the Directorate of Legal Affairs of the Department

of Foreign Affairs;

• Ms. Valentina Bertozzi, Interpreter of the Department of Foreign Affairs;

• Ms. Anita Dedic, Administrative Assistant of the Permanent Mission of the

Republic of San Marino to the United Nations in Geneva and other International

Organizations in Switzerland.