A/HRC/43/2
564. San Marino is currently not in a position to envisage early accession to the Convention
relating to the Status of Stateless Persons and the Convention on the Reduction of
Statelessness, but it is committed to carrying out an in-depth study of the two Conventions
in order to assess a possible future accession thereto. On the contrary, there are no plans to
ratify in the near future the other international instruments recommended for ratification, i.e.
the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, the International Convention
for the Protection of All Persons from Enforced Disappearance, the Convention relating to
the Status of Refugees and its Protocol, and Convention No. 189 of the International Labour
Organization on Domestic Workers.
565. San Marino has also accepted all recommendations relating to the submission of
reports to the treaty bodies, although it is aware of the enormous delay that it has
accumulated. In the coming months, the country will seriously and carefully tackle this issue,
in order to put in place a system that will allow it to make up the accumulated delays in a few
years.
566. The many recommendations on the establishment in San Marino of an Ombudsman
or a national human rights institution in accordance with the Paris Principles have all been
accepted, and in the coming years, the country will assess the best ways to establish this body.
On the contrary, it was decided not to accept the recommendation concerning the
establishment of an independent body specialising in the fight against racism and racial
discrimination, considering that the fight against discrimination is already covered by the
Commission for Equal Opportunities and that the establishment of a new human rights body
will be considered in the coming years.
567. San Marino has not accepted a number of recommendations concerning the tightening
of anti-discrimination legislation since its legislative framework for combating all forms of
discrimination is considered adequate, with some room for improvement, and the prohibition
of discrimination based on any personal condition is already an integral part of its
Constitutional Charter. Likewise, it is not considered necessary to specifically include gender
identity among the grounds of discrimination, since Article 4 of its Constitutional Charter,
stating that “All shall be equal before the law, without any distinction based on
...personal...status”, prohibits any form of unequal treatment or discrimination.
568. For the time being, the recommendations on decriminalisation of abortion have been
noted as the debate in the country is ongoing, also in the light of some popular legislative
initiatives that promote exactly the opposite. The relevant parliamentary debate should take
place in 2020.
569. With regard to women's participation in political life, it should be pointed out that the
system in San Marino already provides for various measures to increase the representation
of women in political life and that, following the latest general elections, there was an
increase in the presence of women in Parliament. However, there is always room for
improvement and San Marino confirms its commitment to continuously improving the
conditions necessary to achieving greater participation of women in political life and
decision-making positions. However, San Marino has taken note of the recommendations,
which call for an increase in the presence of women in Parliament or in the Government,
since San Marino considers these recommendations not acceptable as they are formulated.
570. San Marino does not plan to introduce into its system a procedure for the processing
of asylum applications since, in recent years, the number of applications submitted has been
very limited. For this reason, San Marino prefers to grant an extraordinary stay permit for
humanitarian and social protection reasons as an instrument to protect foreigners who apply
GE.
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