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San Marino - Universal Periodic Review

UPR 34, November 4, 2019
Recommendations by Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, San Marino received 74 recommendations, of which 55 were accepted (an acceptance rate of 74 percent). Canada previously recommended that San Marino protect the rights of all individuals on an equal basis, regardless of sexual orientation, and that domestic institutions support gender equality and ensure the full participation of women in decision-making processes.

San Marino is a parliamentary democracy that consistently secures high ratings for its respect for human rights and the rule of law. The country received a 95 percent aggregate freedom score in the 2018 Freedom House Report, and the promotion and protection of human rights rank high in the Sammarinese government’s priorities.

Notable developments since the last UPR period include San Marino’s adoption in 2015 of the Framework Law on assistance, social inclusion and the rights of persons with disabilities; its adoption of a law in 2014 ensuring children are entitled to protection and banning corporal punishment or other treatment damaging children’s physical and psychological integrity; and the passage in 2018 of a bill legalizing same-sex civil unions. San Marino has also adopted a constitutional ban on discrimination on the basis of sexual orientation.

There has been much progress made since San Marino’s last UPR. However, there are a few areas for improvement. The 2017 report of the European Commission against Racism and Intolerance noted that there is a need to increase awareness of the importance of combatting racism in all its forms in San Marino.  It also stressed that San Marino still has “no criminal legislation prohibiting discrimination on the grounds of language or colour, nor does it have comprehensive civil and administrative legislation against racial discrimination or an independent body to combat racism, xenophobia, antisemitism and intolerance at the national level.” 

Recommendations

Thank you, Mr. President. 

Canada welcomes the positive steps taken by San Marino since the last UPR in a number of fields, including laws to protect people with disabilities and to facilitate their social inclusion, and a ban on corporal punishment and other protective measure benefiting children.

Canada also welcomes San Marino’s adoption of a constitutional ban on discrimination on the basis of sexual orientation and of a bill legalizing same-sex unions, as well as San Marino’s leadership in the fight against disinformation and fake news.

Canada recommends that San Marino:

1. Adopt stricter anti-discrimination legislation, targeting in particular discrimination based on race, ethnicity or language, and take measures to increase education and information to encourage embracing diversity and inclusion.
2. Ratify the 1951 Convention relating to the Status of Refugees.