A/HRC/14/9
indirectly inferred from other laws relating to family education and the penitentiary. The
jurisdictional protection of minors is entrusted to a specific section of the court.
26.
As recommended by the Council of Europe Commissioner for Human Rights, San
Marino adopted Law No. 57 of 2009, providing for a legal framework regarding the
enforced hospitalization of persons with mental disorders. This law provides broad
guarantees for the dignity of such persons, who are subject to mandatory health treatment.
A special commission is responsible for the correct implementation of the law.
B.
Interactive dialogue and responses by the State under review
27.
During the interactive dialogue, 26 delegations made statements. A number of
delegations commended San Marino for its active participation in the universal periodic
review and for the involvement of civil society in the drafting of the national report.
Recommendations made during the dialogue are found in section II of the present report.
28.
Algeria commended San Marino for its commitment to promoting and protecting
human rights, shown through its ratification of the majority of the core human rights
instruments and their incorporation into its national legislation. Algeria referred to the
country’s delay with regard to its obligation to report to the monitoring bodies. Algeria
also noted that various treaty bodies had encouraged San Marino to continue its efforts to
establish an independent national human rights institution. Algeria made recommendations.
29.
Hungary stated that San Marino met high standards in the area of human rights
protection. It echoed the recommendation, made by the Commissioner for Human Rights of
the Council of Europe, that San Marino continue in its plans to establish a separate
ombudsman and asked about progress made in that regard. Hungary also inquired as to the
timetable for becoming a party to the few remaining human rights instruments and,
recalling the recommendation of the Human Rights Committee, asked if San Marino
intended to re-examine the conditions of naturalization.
30.
France asked whether San Marino had taken measures to give candidates for certain
public positions the right, in reciting their oath, to choose to refer to religious texts or to use
the phrase "on my honour". France welcomed the country’s decision to criminalize the act
of committing or inciting acts of discrimination based on the sexual orientation of the
victim, as well as its introduction of aggravating circumstances for the commission of such
offences. France asked for further information about measures undertaken to prevent such
discrimination. France made recommendations.
31.
Canada welcomed the positive steps taken by San Marino on behalf of people with
disabilities. It noted that the Commissioner for Human Rights of the Council of Europe had
indicated that there was no special entity in the Government entrusted with ensuring the
rights of women. Canada also echoed the views of the Commissioner regarding the
establishment of a new form of ombudsperson, as the current system could create potential
conflicts of interest and limit potential long-term activities. Canada commended the leading
role played by San Marino in putting an end to violence against women and encouraged it
to engage actively on that issue within the Human Rights Council. Canada made
recommendations.
32.
The Czech Republic asked whether San Marino would consider abolishing the rule
requiring a foreigner to present a guarantor in order to be able to initiate civil litigation. It
also inquired about the specific measures adopted to ensure the protection of the rights of
the children of persons in detention or prison, in particular the rights of the babies of
imprisoned mothers. The Czech Republic made recommendations.
6
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