A/HRC/43/9/Add.1
Recommendations 119.1, 119.2 and 119.8: while recognising the importance and
value of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment, San Marino is at present unable to envisage a rapid
accession to the protocol, since the obligation to set up a national independent prevention
mechanism seems difficult to be fulfilled by the tiny San Marino context.
Recommendations 119.3, 119.4, 119.5, 119.6: we are not planning to ratify the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families in a short time, because the provisions of the Convention do not
appear to be easily applicable in San Marino, considering the specificities of the country
and of its legal system.
Recommendations 119.7 and 119.9: there are no plans to ratify the International
Convention for the Protection of All Persons from Enforced Disappearance in the near
future, since most of the provisions contained in the Convention are not currently included
in the San Marino legal system. Therefore, if the Convention were ratified, a substantial and
comprehensive legislative framework would have to be approved to transpose most of the
provisions of the Convention. For this reason and considering that in San Marino (61
square kilometres) police forces intensively monitor the territory, there have never been any
cases of enforced disappearance; therefore, there are no plans to ratify the Convention.
However, we undertake to carry out an in-depth study of the Convention with a view to
transposing its provisions, to ratify it in the future.
Recommendations 119.12, 119.13, 119.14, 119.17, 119.19 first part and 119.21:
accession to the Convention relating to the Status of Refugees and its Protocol would
require the establishing of facilities and the training of staff which are not easy in a State
which, on the basis of its treaty-relations with the surrounding Country - Italy - and with the
European Union, does not have control over its borders.
Recommendations 119.15, 119.18, 119.19 second part, 119.20 and 119.22: at the
moment we are not able to envisage a rapid accession to the Convention relating to the
Status of Stateless Persons and the Convention on the Reduction of Statelessness, as
important changes to the San Marino legal system would be necessary to provide for full
compliance with the two Conventions. However, we are committed to carrying out an indepth study of the two Conventions in order to assess our possible future accession to them.
Recommendation 119.25: the ratification of Convention No. 189 of the
International Labor Organization on Domestic Workers will require a thorough assessment
of its compliance with San Marino legal system and the adoption of rules adjusting it,
which should involve several State Departments. Therefore, there are no plans to ratify it in
a short time.
Recommendation 119.35: considering that the fight against discrimination is an
issue already dealt with by the Commission for Equal Opportunities and that the
establishment of a National Human Rights Institution will be considered, there are no plans
to set up an independent body specialised in the fight against racism and racial
discrimination.
Recommendation 119.47: we believe that San Marino’s anti-discrimination
legislation is well structured and what is requested is already an integral part of our
Constitution. With regard to the steps to increase education and information to encourage
diversity and inclusion, worth reiterating is that school curricula are very focussed on
promoting inclusion of every type of diversity. Law 95/2018 gave more precise indications
for school curricula in San Marino on themes related to discrimination. Law 97/2008 also
provides that media shall protect equality and prohibits the use of images and expressions
violating the dignity and identity of persons or having discriminatory content.
Recommendations 119.51 and 119.58: it is considered that there is no need to
specifically include gender identity between the grounds for discrimination, since Article 4
of the “Declaration on the Citizens’ Rights and Fundamental Principles of San Marino
Constitutional Order” already provides for a comprehensive prohibition of unequal
treatment or discrimination with the wording “All shall be equal before the law, without
any distinction based on [...] personal status”.
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