A/HRC/14/37
(c)
The summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/7/SMR/3).
428. At its 23rd meeting, on 10 June 2010, the Council considered and adopted the
outcome of the review on San Marino (see section C below).
429. The outcome of the review on San Marino comprises the report of the Working
Group on the Universal Periodic Review (A/HRC/14/9), the views of San Marino
concerning the recommendations and/or conclusions, and its voluntary commitments and
replies presented before the adoption of the outcome by the plenary to questions or issues
that were not sufficiently addressed during the interactive dialogue in the Working Group
(see also A/HRC/14/9/Add.1).
1.
Views expressed by the State under review on the recommendations and/or
conclusions, as well as on its voluntary commitments and the outcome
430. The delegation of San Marino indicated that, in February 2010, San Marino had
accepted 11 recommendations and rejected 13 others, while 32 pending recommendations
had been examined over the past three months. The relevant responses were contained in
the addendum to the report (A/HRC/14/9/Add.1).
431. The Government of San Marino had examined all pending recommendations in the
light of their applicability to the San Marinese context. In this regard, recommendations
relating to accession to international instruments involved the acceptance of shared values
but also the monitoring of their implementation and reporting to monitoring bodies. The
last aspect presented difficulties owing to the extremely limited human resources in San
Marino.
432. As a consequence, San Marino did not accept the recommendations relating to the
accession to the Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights, the International Convention for the Protection of All Persons from
Enforced Disappearance and to some ILO conventions. San Marino did not accept to
accede to the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families as it seemed to be incompatible with the features
and legal order of San Marino.
433. San Marino accepted, however, to undertake to accede to the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in armed conflict
and to the Convention on the Prevention and Punishment of the Crime of Genocide, and
would notably include the crime of genocide in its criminal code.
434. San Marino also accepted to address the issue of timely reporting to human rights
monitoring bodies, and would do its utmost to submit one report a year. The delegation
added that San Marino was updating its legislation with particular attention to vocational
training of all persons who dealt with health, social and educational services for ill and
disabled persons, the elderly and children.
435. San Marino accepted all recommendations relating to children and was committed to
introduce a new legislation to eliminate the concepts of “natural” and “legitimate” children,
although no substantial discrimination was made in legislation between these two
categories of children. San Marino agreed to amend its criminal code to abolish corporal
punishment in all settings and to raise the minimum age of criminal responsibility from 12
to 14 years.
436. There were some recommendations that San Marino was not in a position to accept,
as further discussion was needed in the years to come. This was notably the case of the
establishment of a national independent institution for the promotion and protection of
GE.12-17781
113
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