A/HRC/14/9
and limited human resources, San Marino is committed to attaining that objective. San
Marino is making efforts to adjust its domestic legislation to international provisions aimed
at combating terrorism and terrorist financing, although those phenomena do not directly
affect the country.
9.
The head of the delegation reported on the involvement of San Marino civil society
in the universal periodic review and expressed her willingness to involve it in the follow-up
to that review. Although she believed that the written contributions of some stakeholders
expressed criticism of the Government that, in some cases, did not reflect the position of the
majority of the population, San Marino had accorded attention to all of them. Active
participation in the life of the State has always characterized San Marino.
10.
With regard to treaty-body reporting obligations, San Marino acknowledged its
delays, as well as the fact that it had not been able to provide answers to all the questions
posed by the United Nations special procedures. Owing to its limited human resources, San
Marino will be in a position to submit no more than one report per year to treaty bodies.
However, the country attaches great importance to the monitoring functions of treaty
bodies, and a number of important human rights law provisions were adopted pursuant to
specific recommendations made by regional and/or international monitoring bodies.
However, San Marino does not intend to rely on the technical assistance service kindly
offered by OHCHR, as delays were due to a lack of human resources, not a lack of
expertise.
11.
San Marino demonstrated its willingness to fully cooperate with human rights
mechanisms by extending a standing invitation to all special procedures in 2003. Moreover,
San Marino has received periodic visits by and collaborated with several monitoring bodies
of the Council of Europe.
12.
San Marino has considered the possibility of acceding to the Optional Protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. However, the establishment of an independent national preventive mechanism
is a difficult task for a small country to carry out in order to guarantee the independence,
capacity and expertise of the members of such a mechanism. In addition to the allocation of
financial resources that would be required, San Marino emphasized that that such a task
was not among the country’s national priorities, since no cases of torture had ever been
reported in San Marino.
13.
For similar reasons, San Marino has not yet established an independent mechanism,
in compliance with the Paris Principles. In San Marino, ombudsman functions have always
been carried out by the Captains Regent, and recourse to the Captains Regent not only for
citizens, but also for residents, became part of the legal system in 2005.
14.
The principle of equality and the prohibition of discrimination are included in the
Declaration on the Citizens’ Rights, as amended in 2002. The rights set out in international
conventions are an integral part of the constitutional order of San Marino and prevail over
domestic legislation. Therefore, article 14 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms, relating to the prohibition of discrimination,
has constitutional status in the country. San Marino has also ratified Protocol No. 12 to the
Convention, which has been applied many times in national case law.
15.
The prohibition of gender-based discrimination is now enshrined in the Declaration
on the Citizens’ Rights, as amended in 2000, although it had already been provided for in
article 4 of the Declaration and article 14 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms.
16.
In addition, Law No. 66 of 2008 amended the Criminal Code, which now punishes
anyone disseminating through any means ideas based on superiority or on racial or ethnic
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