UPR Sexual Rights Database

National Report:
Para 29) The fundamental principle of equality expressed in Art. 4 of the Declaration on the Citizens’ Rights is further applied in concrete terms in Law no. 66 of 28 April 2008 "Provisions on racial, ethnic, religious and sexual discrimination", which supplemented the provisions of the current Criminal Code. A new offence was introduced with Article 179 bis, which punishes anyone disseminating by any means ideas based on racial or ethnic superiority or hatred, or inciting someone to commit, or committing discriminatory acts on the grounds of race, ethnicity, nationality, religion or sexual orientation. This offence can be prosecuted ex officio. Article 179 bis was then amended with Law no. 57 of 6 May 2016 "Rules adjusting San Marino legal system to the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence" by introducing the prohibition of discrimination based on gender identity.
Para 28) … 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 46) As already mentioned, Law no. 57/2016 introduced the prohibition of discrimination based on gender identity.
Para 47) With Law no. 147 of 20 November 2018, San Marino has introduced a completely new and modern institution, mainly for the protection of same-sex couples, i.e. the "Law regulating civil registered partnerships", under which the legal system recognises equal dignity, rights and safeguards to civilly registered partners, both homosexual and heterosexual couples, compared to married ones. Citizens who decide to register their partnership civilly, in accordance with the aforementioned Law and its Regulation, acquire the same status as married couples in terms of residence and succession, cohabitation, mutual assistance, inheritance rights and other matters, whether the couple is of the same sex or of a different sex.
Para 48) Sexual education programmes are carried out in schools at all levels where education is compulsory, accompanied by emotional education programmes: these two aspects are never separated from each other in view of an integrated and complex education. Moreover, in this regard, programmes are implemented concerning education on respect for others, non-violence, as well as inclusion and solidarity amongst peers. The “Curriculum of education to citizenship” has been introduced as part of the ongoing reform of San Marino school curricula. This curriculum expressly provides for knowledge of LGBT rights.

UN Compilation:
Para 9) While taking note of the existing legal provisions against discrimination, the Human Rights Committee was concerned that San Marino had not yet adopted comprehensive antidiscrimination legislation and that articles 90 and 179 bis of the Criminal Code relating to discrimination only referred to discrimination based on racial, ethnic, national, religious and sexual orientation grounds and not other grounds for discrimination, such as gender identity.
Para 11) The OHCHR Regional Office for Europe noted with concern that same-sex couples did not have the right to adopt children, marry or obtain another form of legal recognition of their relationships in San Marino.

Stakeholder Summary:
Para 18) CHR of CoE observed that while discrimination, hate speech and hate crimes on the basis of sexual orientation had thus become criminal offences, no similar provision existed for gender identity or sex characteristics. The Commissioner also observed that there was no constitutional or other provision expressly providing for equality before the law irrespective of sexual orientation, gender identity or sex characteristics, nor specific civil or administrative law provisions explicitly prohibiting discrimination on these grounds in the field of employment, access to goods or services, or any other area.

UN Compilation:
Para 27) The Committee noted as positive that the primary health-care services provided free consultations and medication for children under 5 years of age, pregnant women ...

National Report:
Para 32) Regarding registration and notaries, the aims are to improve the birth registration process, simplify administrative procedures, registration and notarial practices, decentralize services and review the current fees.
Para 62) … the Government has taken a series of policy, legislative and institutional measures to ensure that children can be registered immediately after birth, free of charge, throughout the country, in accordance with the requirements set out in article 7 of the Convention on the Rights of the Child. These measures include the following: • The adoption of the National Permanent Birth Registration Strategy, through Decree No. 45/2009; the strategy comprises a set of measures that include the registration or confirmation of births in all maternity hospitals and wards (in Ayres de Menezes Hospital and in Guadalupe, Neves and São João dos Angolares on the island of Sao Tome and in Manuel Quaresma Dias da Graça Hospital on the island of Principe) and in local register offices. • The issuance of Joint Order No. 04/2017, which establishes that a birth may be registered and the mother’s identity or the child’s characteristics recorded free of charge, provided that the registration takes place within one year of the birth. • The holding of free health and birth registration fairs for all children in all districts of the country on a regular basis by the Directorate General of Registers and Notaries, in collaboration with UNICEF. • The creation of a birth registration unit in the maternity ward of Ayres de Menezes Hospital; the unit is open every day, including on weekends and public holidays. • The introduction of a computerized management system that allows for electronic birth registration at the regional register office and local register offices throughout the country. The proportion of births that are registered is now around 95 per cent, according to the multiple indicator cluster survey conducted by the National Statistics Office in 2014.

UN Compilation:
Para 6) UNICEF stated that, further to advocacy on birth registration conducted at the end of 2016, in early 2017, the ministries responsible for justice and for finance had signed a decree ensuring birth registration free of charge for children up to 1 year of age, replacing the previous policy, under which birth registration had been free of charge only during the first month of a child’s life. UNICEF expected that the new policy would help achieve full birth registration,12 and that the excellent achievements of the country in the area of birth registration could inspire other countries to reach related objectives.

Stakeholder Summary:
Para 8) Just Atonement Inc regretted the lack of data in Sao Tome and Principe, which highly affected the ability to remedy situations of child abuse. It noted, in particular, that data related to birth records, … was sparse.

National Report:
Para 11) In 2015, the country ratified the CRPD. … It has also ratified … the OP-CRPD.