A/HRC/14/9
San Marino is not in a position to accept the recommendation above,
since the ancient ius commune provision ceased to be applied more than
a century ago, having fallen into desuetude. Desuetude is a way to
extinguish a ius commune rule: a rule is repealed and no longer exists.
Under the San Marino legal system, it would be impossible to abolish
such a rule by adopting a specific law, since the rule no longer exists, in
accordance with the principles of ius commune;
10.
To raise the minimum age for military recruitment under any
circumstances to at least 18 years, and to provide for conscientious objection to
military service (Slovenia);
11.
To raise the minimum age of those subject to military draft to 18
(Austria);
12.
To initiate legislation introducing the possibility of conscientious
objection or an alternative civilian service for citizens eligible for military
service (Austria);
San Marino is not in a position to accept recommendations Nos. 10, 11
and 12 above, as there is neither compulsory military service nor
compulsory civil service in the country. Recruitment into the military
corps, which is on a strictly voluntary basis, is reserved for citizens older
than 18 years of age;
13.
To improve the forms of social security protection applicable to foreign
workers who have become unemployed or whose employment has been
suspended and who are deprived of the benefits provided to nationals in the
same situation (Argentina);
San Marino is not in a position to accept the recommendation above,
because the existing forms of social security protection are considered to
be adequate.
73.
All conclusions and/or recommendations set out in the present report reflect
the positions of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
16
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