Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - San Marino (RATIFICATION: 1986)

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Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour and national extraction. The Committee notes that in its report the Government reiterates that the adoption of new measures to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, was not deemed to be necessary because no issues in this respect had arisen. The Committee also notes from the fifth opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities that no cases of racism or racial discrimination have been registered. The Committee asks the Government to take measures to:

• (i)continue to monitor, in collaboration with employers’ and workers’ organizations, the situation in employment and occupation of all men and women to ensure that they enjoy equality of opportunity and treatment, irrespective of race, colour and national extraction or social origin;
• (ii)raise awareness of the equality principle of the Convention and the relevant legislation;
• (iii)enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and
• (iv)examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

Articles 1(1)(a) and 2. Discrimination based on sex. Gender equality. The Committee notes from the statistical information provided by the Government that in 2021 women accounted for 38.9 of employees in the private sector and 63.3 per cent in the public sector. The Committee also notes that whereas women represented 15.7 per cent of workers holding leadership positions in the private sector, they represented 44 per cent of workers covering such positions in the public sector. The Government explains that the “preference” for men workers in the private sector may be linked to the fact that such sector mainly consist of manufacturing and that manufacturing is considered to be “little suited to women’s employment”. The Government refers to the views expressed by workers’ organizations according to which: (1) this situation may be linked to cultural reasons; and (2) job advertisements often mention a preference for a given sex of the candidates. At the same time, the Committee notes that such practice is expressly prohibited under Decree No. 130/2021, section 13(1). The Committee also welcomes the Government’s reference to Decree no. 79/2022 on “interventions for employment, training and active policies of the world of work” which provides for incentives aimed at job reintegration and professional reconversion; post-partum part-time arrangements; and reconciliation of professional and family life, among other things. The Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs, continue to lead to the segregation of men and women in education and training, and consequently in the labour market (see 2012 General Survey on the fundamental Conventions, paragraph 783). It also refers to its detailed comments under the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government:

• (i)to adopt proactive measures aimed at combatting harmful gender stereotypes and prejudices affecting women’s access to employment and occupation and their career opportunities and provide information in this respect;
• (ii)supply information on the measures taken to tackle gender-based discrimination in the context of the various incentives provided for under Decree No. 79/2022 and their impact on women’s employment, access to posts of responsibility, and more equitable sharing of family responsibilities between men and women; and
• (iii)provide information on any measures taken to sanction discriminatory job advisements, including sanctions imposed and remedies granted.

Article 1(1)(b). Discrimination based on disability. The Committee notes the Government’ reference to the view expressed by the workers’ organizations according to which Law No. 71 of 1991 laying down measures to promote access to employment of persons with disabilities is only partially implemented in the private sector, contrary to what happens in the public sector. The Committee asks the Government to provide information on the measures adopted to ensure implementation of Law No. 71 of 1991 and the promotion of the equality principle of the Convention in the private sector, including information on any measure designed in collaboration with the social partners to that end.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that every normative act addressing issues related to the labour market is consulted with the social partners with a view to promoting non-discrimination and equality of opportunity in practice.

Enforcement.The Committee asks the Government to provide information on any judicial or administrative decisions related to discrimination in employment and occupation as well as on the number and type of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information.The Committee asks the Government to continue to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour and national extraction. In its previous comments, the Committee noted that, owing to recent immigration flows into the country, the number of non-nationals living and working in San Marino had increased, and it asked the Government to: (i) provide information, including statistical data disaggregated by sex, on the situation of migrant workers; and (ii) supply full information on the steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact. The Committee notes the statistical information on the number of migrant workers, disaggregated by sex and professional qualification, provided by the Government in its report. It also notes the Government’s indication that the adoption of new measures to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, was not deemed to be necessary because no issues in this respect had arisen. In this regard, the Committee notes from the fourth opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities that no case of racism or racial discrimination has been recorded, although isolated cases of latent prejudice towards foreigners triggered the adoption of legal measures and cultural activities to tackle racism and to enhance the level of tolerance and understanding among the population (ACFC/OP/IV(2015)007, 21 April 2016, paragraph 2). Recalling that no society is free from discrimination and that continuous action is required to address it, the Committee encourages the Government to continue to monitor the situation in employment and occupation of all men and women to ensure their equality of opportunity and treatment, irrespective of race, colour and national extraction or social origin, and to provide information on any measures envisaged or adopted as a result thereof, including any measures adopted in collaboration with employers’ and workers’ organizations.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee again asks the Government to supply information on the steps taken to implement this provision and the progress made in this regard.

Article 1(1)(b). Discrimination on the basis of disability. In its previous comments, the Committee made reference to the Law No. 141 of 1990 laying down the rights of disabled people, which has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, and asked the Government to provide information on the steps taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them. The Committee notes the Government’s indication that Law No. 141 has been further strengthened by the Law No. 28 of 2015 that incorporates in the national legal framework the principles of the UN Convention on the Rights of Persons with Disabilities, 2007. It also notes the statistical information provided by the Government on the number of men and women with disabilities who have benefited from the measures aimed at promoting their access to employment. The Committee notes, in particular, that in 2016 51 persons with disabilities were able to access employment thanks to incentive measures, 17 of whom were women. The Government also states that, following the adoption of Law No. 189 of 2015, changes were made to the Law No. 71 of 1991 laying down measures to promote access to employment of persons with disabilities. The Committee notes in particular that Law No. 71 of 1991 now provides, at article 4bis, that in order to access public procurement, enterprises with more than 15 employees must count among their workforce at least one worker with disabilities. The Committee asks the Government to continue to provide information on the implementation of measures aimed at promoting equality of opportunity and treatment in employment and occupation of men and women with disabilities and their impact, including information on the number of disabled men and women who have benefited from them.

Article 3(a). Cooperation with employers’ and workers’ organizations. Recalling the important role of workers’ and employers’ organizations in promoting the acceptance and observance of national policies and plans, including of a national policy on equality of opportunity and treatment in respect of employment and occupation, the Committee asks the Government to provide information on any consultation undertaken, as well as on cooperation with employers’ and workers’ organizations, with a view to promoting non-discrimination and equality in employment and occupation in practice.

Enforcement. The Committee notes the Government’s indication that no judicial or administrative decision has been delivered involving questions of principle relating to the application of the Convention, nor have labour inspectors detected infractions concerning the principle of the Convention. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee thus invites the Government to raise awareness of the relevant legislation among the general public, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be lodged successfully. Please also continue to supply information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and type of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee notes from the statistical information provided by the Government on the labour participation of men and women in the private and public sectors for the year 2015, that fewer women than men are found in high-level position across the various sectors and occupations The Committee asks the Government to continue to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions. Please also supply information on any measures taken or envisaged to promote women’s access to high-level positions.

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Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour and national extraction. In its previous comments, the Committee noted that, owing to recent immigration flows into the country, the number of non-nationals living and working in San Marino had increased, and it asked the Government to: (i) provide information, including statistical data disaggregated by sex, on the situation of migrant workers; and (ii) supply full information on the steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact. The Committee notes the statistical information on the number of migrant workers, disaggregated by sex and professional qualification, provided by the Government in its report. It also notes the Government’s indication that the adoption of new measures to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, was not deemed to be necessary because no issues in this respect had arisen. In this regard, the Committee notes from the fourth opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities that no case of racism or racial discrimination has been recorded, although isolated cases of latent prejudice towards foreigners triggered the adoption of legal measures and cultural activities to tackle racism and to enhance the level of tolerance and understanding among the population (ACFC/OP/IV(2015)007, 21 April 2016, paragraph 2). Recalling that no society is free from discrimination and that continuous action is required to address it, the Committee encourages the Government to continue to monitor the situation in employment and occupation of all men and women to ensure their equality of opportunity and treatment, irrespective of race, colour and national extraction or social origin, and to provide information on any measures envisaged or adopted as a result thereof, including any measures adopted in collaboration with employers’ and workers’ organizations.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee again asks the Government to supply information on the steps taken to implement this provision and the progress made in this regard.

Article 1(1)(b). Discrimination on the basis of disability. In its previous comments, the Committee made reference to the Law No. 141 of 1990 laying down the rights of disabled people, which has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, and asked the Government to provide information on the steps taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them. The Committee notes the Government’s indication that Law No. 141 has been further strengthened by the Law No. 28 of 2015 that incorporates in the national legal framework the principles of the UN Convention on the Rights of Persons with Disabilities, 2007. It also notes the statistical information provided by the Government on the number of men and women with disabilities who have benefited from the measures aimed at promoting their access to employment. The Committee notes, in particular, that in 2016 51 persons with disabilities were able to access employment thanks to incentive measures, 17 of whom were women. The Government also states that, following the adoption of Law No. 189 of 2015, changes were made to the Law No. 71 of 1991 laying down measures to promote access to employment of persons with disabilities. The Committee notes in particular that Law No. 71 of 1991 now provides, at article 4bis, that in order to access public procurement, enterprises with more than 15 employees must count among their workforce at least one worker with disabilities. The Committee asks the Government to continue to provide information on the implementation of measures aimed at promoting equality of opportunity and treatment in employment and occupation of men and women with disabilities and their impact, including information on the number of disabled men and women who have benefited from them.

Article 3(a). Cooperation with employers’ and workers’ organizations. Recalling the important role of workers’ and employers’ organizations in promoting the acceptance and observance of national policies and plans, including of a national policy on equality of opportunity and treatment in respect of employment and occupation, the Committee asks the Government to provide information on any consultation undertaken, as well as on cooperation with employers’ and workers’ organizations, with a view to promoting non-discrimination and equality in employment and occupation in practice.

Enforcement. The Committee notes the Government’s indication that no judicial or administrative decision has been delivered involving questions of principle relating to the application of the Convention, nor have labour inspectors detected infractions concerning the principle of the Convention. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee thus invites the Government to raise awareness of the relevant legislation among the general public, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be lodged successfully. Please also continue to supply information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and type of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee notes from the statistical information provided by the Government on the labour participation of men and women in the private and public sectors for the year 2015, that fewer women than men are found in high-level position across the various sectors and occupations The Committee asks the Government to continue to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions. Please also supply information on any measures taken or envisaged to promote women’s access to high-level positions.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination.

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination.

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

CMNT_TITLE

The Committee notes the adoption on 28 April 2008 of Law No. 66 on provisions concerning racial, ethnic, religious and sexual discrimination. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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Discrimination on the basis of race, colour and national extraction. The Committee notes that owing to recent immigration flows into the country, the number of foreigners living and working in San Marino, mainly Central and Eastern Europeans, South Americans and Africans, has increased, (see Second Opinion, Advisory Committee charged with the monitoring of the application of the Framework Convention for the Protection of National Minorities, ACFC/OP/II(2006)002, 2 March 2006, paragraph 14 ff). The Committee also notes from the concluding observations of the UN Human Rights Committee that approximately 16 per cent of the inhabitants of San Marino are of foreign origin (see CCPR/C/SMR/CO/2, 31 July 2008, paragraph 17). The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the situation of foreign people in the labour market. It also requests the Government to supply full information on the measures taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, as well as on their impact.

Discrimination on the basis of sex. Recalling that Law No. 40 of 1981 provides for equality of opportunity between men and women in respect of employment and occupation, the Committee requests the Government to supply information on the measures taken to implement this provision and the progress made in this regard. The Committee also refers to the comments addressed to the Government under the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Discrimination on the basis of disability. Recalling that Law No. 141 of 1990 laying down the rights of disabled people has the objective, among others, of promoting the integration of disabled people in the labour market by means of quota systems, incentives for their recruitment and targeted professional training, the Committee requests the Government to provide information on the measures taken to give effect to the provisions of this Law, including information on the number of disabled men and women who have benefited from them.

Enforcement. The Committee hopes that the Government will be in a position to supply with its next report detailed information on any judicial or administrative decisions involving the application of the principle of the Convention as well as on the number and typology of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information. The Committee asks the Government to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.

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The Committee notes the information in the Government’s report, in particular the various educational measures to promote tolerance and respect for cultural, religious and racial differences. It notes also the measures aimed at achieving equality in opportunity and treatment between men and women. The Committee requests the Government to continue to provide information on measures taken or planned, including those undertaken in consultation with its social partners, to implement the Convention in practice.

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The Committee takes note of the information supplied by the Government in its report and of the enclosures, in reply to its direct request.

The Committee notes in particular the information supplied by the Government concerning the protection against discrimination laid down in section 4 of Law No. 59 of 8 July 1974 on the declaration of the rights of citizens and of the fundamental principles of the organisation of the State of San Marino, and the measures taken in respect of vocational training and guidance and placement, and the application of Article 4 of the Convention. It hopes that the Government will continue to provide information on any developments and progress in the implementation of the Convention.

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The Committee has taken note of the information supplied by the Government in its first report.

1. The Committee notes that, under the terms of section 4 of Law No. 59 of 8 July 1974 on the declaration of the rights of citizens and of the fundamental principles of the organisation of San Marino all citizens are equal before the law, without distinction of personal, economic, social, political or religious situation. It also notes that Act No. 40 of 25 May 1981 on the equality of men and women at work states in section 1 that all discrimination based on sex is prohibited in the areas of career guidance, training, retraining and redeployment. The Committee notes, however, that the other motives for discrimination expressly mentioned in the Convention, namely race, social origin, and colour, are not listed in these texts. It would be grateful, therefore, if the Government would indicate in what manner it ensures the elimination, in law and in practice alike, of all distinction, exclusion or preference based on these three above-mentioned motives and cited in Article 1, paragraph 1(a) of the Convention, the effect of which would be to destroy equality of opportunity and of treatment in matters of employment and occupation.

2. Furthermore, the Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation, in which it insists on the positive and continuous nature of the measures to be undertaken in conformity with national policy indicated in Articles 2 and 3 of the Convention, and on the need to have detailed information on the various aspects of this continuous action. As the major part of the information contained in the reports deals with measures adopted to prohibit discrimination, the Committee would be grateful if the Government would supply information on all measures adopted to ensure the effective promotion of equality of opportunity and treatment, and on the results obtained with regard to: (a) access to vocational training; (b) access to employment and to the different trades and professions; and (c) conditions of employment. The Committee would be particularly grateful if the Government would supply information on the measures adopted to promote the vocational training and the employment of women. The Committee would especially appreciate statistical data on posts occupied by women in the various occupations and professions.

3. The Committee would be grateful if the Government would specify the measures taken in conformity with Article 3(b) of the Convention to encourage an educational programme calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment.

4. The Committee would be grateful if the Government would indicate the manner in which the public vocational guidance, training and placement services ensure the application of the said policy, in conformity with Article 3(c) of the Convention.

5. The Committee notes the Government's statement according to which the law allows appeals against decisions taken by the public authorities. It also notes that the competent committees may decide whether activities are contrary to the law or prejudicial to the security of the State. The Committee would be grateful if the Government would indicate all legislative or administrative measures and all national practices governing the employment or professional activity of persons who are justifiably suspected of or engaged in activities prejudicial to the security of the State, and to supply information on the role and the activities of the competent bodies empowered to decide whether activities are prejudicial to the security of the State (Article 4 of the Convention).