A/HRC/28/9
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.
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