A/HRC/43/9
the Privileges and Immunities of the International Criminal Court was also under way and
would be resumed when the new parliament was formed.
109. The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families had not yet been ratified. The provisions of the
Convention were not easily applicable to San Marino, given its specificities and its legal
system.
110. Ratification of the Convention relating to the Status of Refugees was problematic for
San Marino as it required the creation of mechanisms and the training of ad hoc personnel.
That was particularly the case given that, on the basis of its current conventional relations
with the European Union and Italy, San Marino did not have full control of its borders.
111. San Marino had not yet assessed the conformity of its national legislation with the
Convention relating to the Status of Stateless Persons or the Convention on the Reduction
of Statelessness.
112. San Marino strongly and consistently supported the treaty bodies and other
monitoring bodies at the international level, such as the bodies under the Organization for
Security and Cooperation in Europe and the Council of Europe. It had issued a standing
invitation to all special procedures in 2003.
113. In San Marino, the typical functions of an ombudsman were carried out by the
Captains Regent (Heads of State). Given the small size of the country, the Heads of State
were easily accessible; no specific formalities were required. Any citizen who decided to
address the Captains Regent had his or her proposal or complaint directly submitted to the
relevant offices. The procedure therefore enabled all citizens to obtain a prompt and
effective response.
114. Humanitarian stay permits were issued by the Government on humanitarian grounds,
on a case-by-case basis. Those permits allowed foreign persons to enjoy social protection
and social benefits. A law adopted on 17 May 2019 had introduced the possibility for the
Parliamentary Commission for Foreign Affairs to convert a humanitarian stay permit into
an ordinary residence permit if the person concerned had lived in the country for at least
two years, thus allowing the full integration of the foreign citizen.
115. With regard to the participation of women in political and public life, at least a third
of all electoral lists had to consist of candidates of a different gender. Women currently
constituted the majority of the voters in San Marino.
116. As for the decriminalization of defamation, several recent judicial rulings had
extended freedom of expression, including statements consisting of strong and provocative
criticism of persons at the highest levels of government, including in the political context.
The decriminalization of defamation deserved thorough consideration in the light of the
current increase in hate speech and cyberbullying on social networks.
117. With regard to the recommendation to increase the minimum age of military service,
the delegation underlined the fact that San Marino did not have its own army. Under article
1 of the Constitution, San Marino rejected war as a means of settling disputes between
States and adhered to the international conventions on human rights. Currently, there were
five military corps in San Marino. Two of them were professional and the remaining three
were voluntary. Under the regulation of those corps, 18 years old was the minimum age for
enrolment. However, the so-called general mobilization of all citizens between 16 and 60
years of age was still included in the military regulation of 1990. That was clearly an
outdated legal provision that had not been enforced since the Middle Ages.
118. The delegation reiterated its commitment to submit all the recommendations to the
new government, which would take office after the elections.
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