A/HRC/28/9
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 SelfGovernment. 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.
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