A/HRC/14/9
hatred, or encouraging someone else to commit, or committing discriminatory acts on the
grounds of race, ethnicity, nationality, religion or sexual orientation. Under this law, the
commission of an offence for purposes related to discrimination based on race, ethnicity,
nationality, religion or sexual orientation is an aggravating circumstance.
17.
San Marino case law has reaffirmed the interpretation whereby sexual orientation
cannot constitute grounds for discrimination. In addition to being party to Protocol No. 12
to the European Convention for the Protection of Human Rights and Fundamental
Freedoms, San Marino amended its Criminal Code in 2004 and, in 2008, specified the types
of offences and aggravating circumstances relating to discrimination based on sexual
orientation.
18.
With regard to family-related social welfare and other public benefits, San Marino
attributes a special role to the traditional family, but the country’s welfare State and social
legislation provide for a large number of incentives and forms of assistance to support
traditional and non-traditional families, regardless of whether heads of families are married
or cohabitants. Law No. 64 of 2009 provides for new benefits to protect one-parent
families, as well as an extra sum for families that include children up to 3 years of age.
19.
San Marino also referred to a document, adopted by Parliament in March 2009,
providing for the overall reform of social benefits and the integration of the systems of the
San Marino welfare State. The Government is committed to establishing a nondiscriminatory, comprehensive system of social benefits, aimed not only at preserving jobs,
but also at protecting the incomes and acquired professional skills of workers. In that
regard, Law No. 110 of 2009 provides for the comprehensive reform of social benefits.
20.
With regard to the granting of pensions, San Marino does not discriminate between
citizens and foreigners.
21.
The social security system provides various types of benefits to protect insured
people in the event of old age, incapacity to work, occupational illness and accidents. Such
benefits, where applicable, can be provided to minor children, spouses or cohabitants.
22.
The retirement system was reformed in 2005 to ensure its financial stability until at
least 2020 or 2023. The current pension system clearly includes foreigners with fixed-term
contracts as private caregivers.
23.
Regarding the integration of persons with disabilities into the labour market, Law
No. 71 of 1991 affirms the right to work of people with disabilities and sets forth the
conditions for the exercise of that right. San Marino is finalizing a law providing for a
partial reform.
24.
San Marino attaches great importance to the protection and promotion of children’s
rights and allocates considerable resources to adequately protecting them during all phases
of their lives. San Marino promotes the development of the personalities of young people
and educates them about the free and responsible exercise of their fundamental rights. San
Marino has ratified several international instruments in that regard, including the Council of
Europe convention on the protection of children against sexual exploitation and sexual
abuse.
25.
Concerning the prohibition of corporal punishment, San Marino condemns the
excessive use of correction and disciplinary measures. Notably, such condemnation is
included in the Criminal Code (articles 234, 155, 157 and 179). Its article 235 refers more
specifically to the use of any form of violence within the family and provides for the
criminal punishment of anyone mistreating a member of the family who is under his or her
authority or custody. Furthermore, Law No. 97 of 2008 obliges health and social services,
police forces and teachers to report to the relevant judge any act of violence committed
against minors. Finally, the prohibition of corporal punishment and maltreatment can be
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