UPR Sexual Rights Database

National Report:
Para 16) The following important international human rights instruments were ratified within the framework of the Council of Europe in the last five years: … Council of Europe Convention on preventing and combating violence against women and domestic violence (ratified in 2016), …
Para 37) The already mentioned Law no. 57/2016 has introduced, in compliance with the provisions set out in the Council of Europe’s Istanbul Convention, new crimes relating to violence against women, gender and domestic violence. In particular, the offences of forced marriage, female genital mutilation and forced sterilisation have been introduced. Moreover, Article 235 of the Criminal Code has been amended in relation to family maltreatment, also introducing the offence of domestic violence, and Article 179 bis of the Criminal Code has been supplemented with the prohibition to discriminate based on gender identity.
Para 38) Delegated Decree no. 56 of 17 May 2018 has introduced a series of provisions to provide the Authority for Equal Opportunities with operational tools aimed at coordinating all stakeholders involved in the prevention and protection of victims of violence. In recent years, the Authority has been providing information on and raising awareness of the provisions of the Law and has signed, in collaboration with the Social Security Institute, important agreements with reception facilities outside the territory to ensure effective support for victims of violence.
Para 39) Numerous initiatives aimed at preventing and combating violence against women and gender violence have been organised in collaboration with the Authority and the Department of Human Sciences of the University of San Marino, and in synergy with public and private bodies. Among these, worth mentioning are the following: (a) training courses for police forces, educators and health and social personnel on the correct application of the legislation on violence against women and gender violence; (b) Education to Affectivity Project, developed by the Observatory on Young People (“Osservatorio Giovani”), according to the guidelines of the Council of Europe’s Pestalozzi Project; (c) training theatre workshops linked to the wider project "Theatre and Citizenship", which were developed with a view to prevention, with the aim of hindering the emergence of problematic situations and promoting forms of self-protection of the younger generations by increasing their personal and social resources; (d) multidisciplinary activities for young people developed in collaboration with the Cultural Institutes, which aim to investigate diversity, starting from gender differences, to reflect on the possibility of recognising and enhancing them, to prevent discrimination and violent behaviour; (e) seminars to "recall" the new legislation on the fight against gender violence destined to schools but accessible to all operators involved in the network of services, in collaboration with the San Marino Association of Lawyers and Notaries.
Para 55) In 2016, the Department of Human Sciences of the University of San Marino, in collaboration with the Authority for Equal Opportunities, organised an in-depth seminar aimed at all San Marino teachers of all levels to provide them with adequate training in the prevention and suppression of violence against women and gender violence, as well as violence against children. The aim of the seminar was to provide teachers with up-to-date training in the light of San Marino laws and the Istanbul Convention, and to offer them useful tools for the prevention, identification and reporting of violence. With regard to the prevention and repression of violence against women and gender violence, in addition to school staff, the University of San Marino is called to train categories such as those related to law enforcement, the judiciary, professional associations and health and social services.

UN Compilation:
Para 25) The HR Committee … noted that the representation of women in political life remained weak, despite measures taken to remedy the situation, such as the adoption of Qualified Law No. 1/2008, which provided that each party list of candidates running for general elections should not include more than two thirds of candidates of the same gender. In that respect, the Committee noted with concern that only 10 of the 60 members of the Great and General Council and one of the nine Secretaries of State were women.

Stakeholder Summary:
Para 41) OSCE/ODIHR NAM interlocutors expressed dissatisfaction with the lowering of the number of preferential votes, noting that this could decrease the chances for women to be elected, …
Para 62) CHR of CoE observed that San Marino signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in April 2014, but had not ratified it yet. Para 63) CHR of CoE particularly welcomed the adoption in 2008 of a Law for combatting violence against women and gender-based violence. In addition to thoroughly modifying criminal law provisions (for example by establishing injury, rape or murder committed by a partner or a member of the household as aggravating circumstances and by defining trafficking-related offences, as well as persecutory acts such as stalking or mobbing), the law also introduced several protective measures for the victims.
Para 66) CHR of CoE noted that San Marino abolished only relatively recently some dated legal provisions, such as those in the citizenship legislation, removed in 2004, preventing Sammarinese women from transmitting citizenship to their children at birth. Important progress has nevertheless been made in recent decades, including regarding women’s participation in the labour market. As of 2015, women made up around 45% of the workforce, most being employed in the public sector. However, according to official employment statistics, the unemployment rate for women was 11.56% as of May 2015, significantly higher compared to the rate for men (6.43%).
Para 67) OSCE/ODIHR observed that while women were well represented in the election administration, they were underrepresented in elected office. The impact of the gender quota on candidate lists can be limited due to the system of preferential voting.
Para 68) CHR of CoE observed that the representation of women in politics remains very weak, despite some legislative measures to bolster it.