| For a summary of San Marino’s review at the first cycle please click here. |
20th UPR session
Date of review: 29 October 2014
Date of report adoption: 24 December 2014
Document number: A/HRC/28/9
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SUMMARY SOGIESC issues during San Marino’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
46. Australia, commending San Marino’s exemplary human rights record, noted that its human rights framework valued the integrity of the person, afforded a high degree of political participation and enforced civil liberties. Despite the fact that the Declaration on the Citizens’ Rights and Fundamental Principles of San Marino Constitutional Order prohibited discrimination on all grounds, it was concerned that same-sex couples still encountered discrimination in some basic rights, including residency and inheritance.
63. With respect to questions related to discrimination, including on the basis of sexual orientation and gender identity, and on the need to protect single-parent and nonconventional families, he said that all people were equal before the law and all forms of discrimination were rejected under the Declaration of Citizens’ Rights. All sectors of the public administration were also abiding by that principle. Such prohibition was reinforced by Law No. 66/2008, which punished anyone who incites or commits any act of discrimination on the basis of sexual orientation. The Law considered it an aggravating circumstance.
68. The Minister said that a national debate, encouraged by civil society, was ongoing about same-sex unions. Parliament had recently addressed the issue and had decided not to consider same-sex unions on an equal footing to traditional households. Cohabitation between persons of the same sex was recognized if they are entitled to live in the territory, but their rights and duties were regulated by private law.
V. Conclusions and/or recommendations
San Marino accepted the following recommendations:
78.29 Protect the rights of all individuals, regardless of sexual orientation, on an equal basis (Canada); 78.30 Ensure respect for minorities, especially sexual minorities (France).
San Marino noted the following recommendations:
79.11 Introduce appropriate administrative or legislative reforms to ensure equal protections for same-sex couples, including on matters of residency and inheritance (Australia);
80.11 Ensure equal rights of lesbian, gay, bisexual and transgender people by legally recognizing same-sex marriage and civil partnerships (United Kingdom of Great Britain and Northern Ireland).
VI. Further information
You will find all documents relating to San Marino’s second review at UPR-Info and OHCHR’s websites.