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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ________________________________________________________________________ Discrimination against children on the basis of nationality UN Human Rights Committee 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 naturalised and who may acquire citizenship immediately, and the children of a couple where one of the parents has been naturalised and the other parent has kept his/her foreign nationality, who can acquire citizenship only when they become 18 (articles 2 and 24). 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 naturalised San Marino citizens. (Paragraph 9) Universal Periodic Review (February 2010) R - 32. To guarantee dual nationality in order to prevent discrimination against children whose parents have not renounced their nationality of origin (Mexico). (rejected) R - 8. To amend its legislation in order to ensure that children are not discriminated against on the grounds of nationality (Brazil); (rejected) ________________________________________________________________________ Discrimination against children based on the marital status of their parents UN Committee on Economic, Social and Cultural Rights 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”. (Paragraph 27) Universal Periodic Review (February 2010) A - 22. To assess the possibility of eliminating the concepts of "legitimate children" and "natural children", which, according to the Committee on Economic, Social and Cultural Rights, continue to exist in the domestic legal order (Chile); (accepted) ________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee welcomes the information that article 234 of the Penal Code also includes the prohibition of corporal punishment, but is concerned at the lack of any concrete statistical data and other information on the prevention and prevalence of and intervention in cases of child abuse and neglect. The Committee recommends that the State party undertake awareness raising campaigns on the negative impact of corporal punishment. Furthermore, the State party should undertake studies to assess the prevalence and nature of violence against children and develop a comprehensive plan of action based on this study for the prevention of and intervention in cases of child abuse and neglect, including the provision of services for recovery and social reintegration of victims, taking into account the recommendations of the Committee adopted at its days of general discussion on children and violence (see CRC/C/100, para. 688 and CRC/C/111, paras. 701-745). (Paragraphs 21 and 22) Universal Periodic Review (February 2010) A - 23. To take further measures to ensure the freedom of children from all physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, in accordance with the Convention on the Rights of the Child, including by ensuring the full legal prohibition of all corporal punishment of children (Sweden); (accepted) A - 24. To adopt specific legislative measures to criminalise corporal punishment (not only abuse) in all settings, together with major awareness-raising campaigns to promote an overall culture of non-violence "through education, dialogue and cooperation" (Spain); (accepted) A - 25. To abolish corporal punishment by law and in practice, by enacting specific national legislation prohibiting corporal punishment in all environments (Israel); (accepted) A - 26. To explicitly prohibit corporal punishment, under any circumstances, for boys and girls (Chile); (accepted) ________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee welcomes the information that article 234 of the Penal Code also includes the prohibition of corporal punishment, but is concerned at the lack of any concrete statistical data and other information on the prevention and prevalence of and intervention in cases of child abuse and neglect. The Committee recommends that the State party undertake awareness-raising campaigns on the negative impact of corporal punishment. Furthermore, the State party should undertake studies to assess the prevalence and nature of violence against children and develop a comprehensive plan of action based on this study for the prevention of and intervention in cases of child abuse and neglect, including the provision of services for recovery and social reintegration of victims, taking into account the recommendations of the Committee adopted at its days of general discussion on children and violence (see CRC/C/100, para. 688 and CRC/C/111, paras. 701-745). (Paragraphs 21 and 22) Universal Periodic Review (February 2010) A - 23. To take further measures to ensure the freedom of children from all physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, in accordance with the Convention on the Rights of the Child, including by ensuring the full legal prohibition of all corporal punishment of children (Sweden); (accepted) A - 24. To adopt specific legislative measures to criminalise corporal punishment (not only abuse) in all settings, together with major awareness-raising campaigns to promote an overall culture of non-violence "through education, dialogue and cooperation" (Spain); (accepted) ________________________________________________________________________ Incompatibility of ius commmune with children's rights standards UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee welcomes Act No. 36 of 26 February 2002 which has changed the system of the sources of law in the State party by considering general international law as an integral part of its constitutional order and notes that new laws have been adopted by the State party to harmonise the existing legislation with the Convention, but remains concerned that domestic legislation still does not fully reflect the principles of the Convention. The Committee is further concerned that ius commune is still the predominant rule, which may not always be conducive to the realisation of children’s rights. The Committee encourages the State party to take all necessary measures to ensure that its domestic legislation conforms fully to the principles and provisions of the Convention. In that regard, the Committee recommends that the State party make a comprehensive review of its ius commune to identify the provisions of domestic legislation which contradict the principles and provisions of the Convention. (Paragraphs 4 and 5) Universal Periodic Review (February 2010) R - 2. To clarify the status of the relationship between San Marino's international obligations and its domestic legislation, to ensure that those international obligations are given effect by domestic courts, and to carry out a comprehensive review of its ius commune in order to identify provisions of 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); (rejected) ________________________________________________________________________ Lack of training for professionals working with children UN Committee on the Rights of the Child (Concluding Observations, October 2003) While noting the efforts to disseminate the Convention, the Committee is of the opinion that education for children and training activities for professional groups on children’s rights are not systematic. The Committee recommends that the State party pursue its efforts to disseminate the Convention, both to children and to the broader public. It also recommends that the State party undertake systematic ongoing education and training programmes on the provisions of the Convention for all professional groups working for and with children, such as judges, lawyers, law enforcement officials, civil servants, teachers, health personnel including psychologists, and social workers. (Paragraphs 10 and 11) Universal Periodic Review (February 2010) A - 10. To update the legislation aimed at the training of persons who deal with children, the elderly, ill persons and disabled persons (United States of America); (accepted) ________________________________________________________________________
Last reported: 11 July 2008
Concluding Observations issued: 22 July 2008
Last reported: 9 November 2007
Concluding Observations issued: 23 November 2007