C. Principal matters of concern and recommendations

Anti-discrimination legislation

8. While taking note of the existing legal provisions against discrimination, the Committee is concerned that the State party has not yet adopted comprehensive anti-discrimination legislation and that articles 90 and 179 bis of the Criminal Code relating to discrimination only refer to discrimination based on racial, ethnic, national, religious and sexual orientation grounds and not other grounds for discrimination, such as gender identity (arts. 2 and 26).

9. The State party should take the measures necessary to strengthen its legal framework against discrimination, in particular by enacting comprehensive anti-discrimination legislation covering all grounds for discrimination, including gender identity. In addition, it should make vigorous efforts to raise awareness among the general public and train judges and lawyers on the existing criminal provisions against discrimination.

Link to full text of the report: Concluding Observations-CCPR-SanMarino-2015-eng