A/HRC/14/9
domestic legislation that contradict principles and provisions of the
Conventions, as recommended by the Human Rights Committee, the
Committee on Economic, Social and Cultural Rights and the Committee on the
Rights of the Child, respectively (Israel);
As indicated in the national report and during the interactive dialogue,
international instruments concerning human rights and freedoms, once
ratified, prevail over domestic legislation and are directly applied by
judges. Should a previous domestic norm be in conflict with an
international instrument, the latter always prevails.
3.
To establish a high-level platform for the monitoring and promotion of
women’s rights and gender equality, and to ensure that a gender perspective is
mainstreamed in policy- and decision-making (Canada);
4.
To establish a special entity entrusted with promoting women’s rights or,
alternatively, to expand the functions of the Equal Opportunities Commission
(Chile);
San Marino is not in a position to accept recommendations Nos. 3 and 4
above, because three institutions in place - namely, the Ministry for
Health, Social Security, Family, Social Affairs and Equal Opportunities;
the Authority for Equal Opportunities; and the Equal Opportunities
Commission – already perform, under their respective mandates, the
functions of protecting, promoting and monitoring women’s rights;
5.
To consider amending the Declaration of Citizens’ Rights to expressly
include such grounds as race, colour, language, nationality and national or
ethnic origin, which are currently subsumed under the notion of "personal
status” (Brazil);
6.
To adopt a comprehensive legal framework explicitly prohibiting
discrimination on the various grounds that are currently subsumed under
article 4 of the Declaration of Citizens’ Rights (Mexico);
7.
To explicitly include sexual orientation and gender identity as protected
grounds under the principle of non-discrimination in relevant legislation and
programmes, and to apply the Yogyakarta principles with regard to human
rights and sexual orientation and gender identity (Czech Republic);
San Marino is not in a position to accept recommendations Nos. 5, 6 and
7 above, because the definition of “personal status”, set out in the
Declaration on Citizens’ Rights and Fundamental Principles of San
Marino Constitutional Order, already includes all grounds for
discrimination. That interpretation has been reaffirmed through San
Marino case law;
8.
To amend its legislation in order to ensure that children are not
discriminated against on the grounds of nationality (Brazil);
San Marino is not in a position to accept the recommendation above,
since children are not discriminated against on the basis of their
nationality;
9.
To abolish the discriminatory provision requiring a foreigner to present
a guarantor in order to be able to initiate a civil action before a court (Czech
Republic);
15
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