SAN MARINO: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

CCPR/C/SMR/3

Last reported: 19 and 20 October 2015
Concluding Observations issued: 3 November 2015

Issues raised:

Children’s rights: While noting that mandatory recruitment to the military has never occurred and that a working group was recently set up to review legislation relating to the military corps, the Committee remains concerned that, while only applicable in the exceptional circumstance of general mobilization, article 3 of Law No. 15/1990, which provides for mandatory military service including for minors from the age of 16, remains in force (art. 24). (para 20)

Recalling its previous recommendation (see CCPR/C/SMR/CO/2, para. 15), the Committee recommends that the State party speed up the revision of its legislation relating to the military corps and ensure that it is in full conformity with the Covenant and relevant international human rights standards, including by raising the minimum age for military service in all circumstances to 18 years. (para 21)

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CCPR/C/SMR/CO/2
Last reported: 11 July 2008
Concluding Observations issued: 22 July 2008

Issues raised:

Right to nationality: The Committee, while noting the adoption of Law No. 84 of 17 June 2004, which allows all children born to San Marino citizens, male or female, to acquire San Marino citizenship at birth, remains concerned that differences still exist between children whose parents are naturalized and who may acquire citizenship immediately, and the children of a couple where one of the parents has been naturalized and the other parent has kept his/her foreign nationality, who can acquire citizenship only when they become 18 (articles 2 and 24). (Paragraph 9).

The State party should amend the law so as to ensure that children are not discriminated against on the ground of the nationality of any one parent and in particular ensure equal right to acquisition of citizenship, irrespective of whether both or only one of the parents are naturalized San Marino citizens.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/SMR/CO/4
Last reported: 9 November 2007
Concluding Observations issued: 23 November 2007

Issues raised:

Children born out of wedlock: The Committee is concerned at the use of concepts such as “legitimate children” and “natural children” in current legal language. Distinctions based on such criteria may affect the enjoyment of all the rights established under the Covenant. (Paragraph 15).

The Committee encourages the State party to stop using concepts such as “legitimate children” and “natural children” in current legal language and to consider adopting other terms such as “children born within marriage” and “out of wedlock”.

Trafficking: The Committee requests the State party to provide information on trafficking in and smuggling of women and children in its next periodic report. (Paragraph 30).

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UN Committee on the Elimination of Racial Discrimination

Signed in 2002, but not yet ratified.
 

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UN Committee on the Elimination of Discrimination against Women

Ratified in 2003, but not yet ratified.
 

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UN Committee against Torture

Ratified in 2006, but not yet reported
 

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UN Subcommittee on Prevention of Torture

No visits undertaken.

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UN Committee on Migrant Workers

Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities

Ratified in 2008, but not yet reported.

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UN Committee on Enforced Disappearances

Not yet signed or ratified.

 

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.