A/HRC/28/9
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.
13
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