UPR Sexual Rights Database

National Report:
Para 44) Art. 12, paragraph 3 of the Declaration on the Citizens' Rights, guarantees that "children born outside wedlock shall enjoy spiritual, legal and social protection and be treated on an equal footing as legitimate children." To welcome the recommendation 71.22, the Congress of State has established, with Decision no. 21 of 24 June 2014, a working group in charge of preparing an ad-hoc draft law to adapt the terminology of San Marino legislation to the recommendations in question and to review the provisions in force concerning filiation by eliminating the concepts of "legitimate" and "natural" children. It should be emphasized that it is only a matter of language, since in San Marino legislation there are no differences in treatment between these categories of children. The Group has already started to work.

National Report:
Para 49) Natural children (born outside wedlock) enjoy the status of legitimate children for all legal and practical purposes (Art. 48 of Law no. 49 of 26 April 1986 "Reform of family law"). Also the very recent law on civil registered partnerships confirms that recognition of natural children, in case of civil registered partnerships, is subject to Law no. 49/1986.
Para 50) Another epoch-making step in the recognition of equal gender rights was introduced by Law no. 173 of 26 November 2015 "Equal transmission of the surname". Under the new Law, parents can choose together the surname to be given to the new-born: that of the father, of the mother or both in alphabetical order.

National Report:
Para 73) San Marino continues to protect the institution of the family, understood as a union between a man and a woman which includes children born or adopted during the marriage ...

Stakeholder Summary:
Para 8) CoE-ECRI noted that a law amending the Criminal Code with new provisions against discrimination based on ... sexual orientation grounds had been passed ...

National Report:
Para 40) San Marino has a very advanced legislation and provides for guarantees regarding the participation of women in politics and elected offices. Under Article 15 of Law no. 6/1996 and subsequent amendments, the electoral lists for the election of the Great and General Council (Parliament) shall not include more than two thirds of candidates of the same gender (the so-called "gender quotas"). In addition, the same electoral legislation provides that in the event of a tie between two candidates, the first criterion on which to make the choice is gender, and in case of a different gender, the woman is the winner. In this process of emancipation, worth noting is that, to date, 25% of the Parliament’s members are women.
Para 41) In the six-month mandate from 1 April to 1 October 2017, for the first time two women were elected Captains Regent (Heads of State).
Para 42) Currently, the Government has only one female member out of seven ministers, but recently (2008-2012 legislature) two key ministries (Foreign Affairs and Internal Affairs) were run by two women for the entire legislature.
Para 43) The full participation of women in policy and decision-making processes is monitored by the aforementioned Commission and Authority for Equal Opportunities.
Para 44) The Commission and the Authority often promote initiatives to raise public awareness of the difficulties encountered by women in their daily lives: to mention just one of these initiatives, on 8 March 2019, on the occasion of Women's Day, the initiative "In our shoes" was organised, with a particular focus on national activities and legislation to combat discrimination against women in both the labour and the political world.
Para 45) In 2017, San Marino joined the Group of Friends for Gender Equality, with the aim of promoting women's leadership as a prerequisite for promoting international peace and development.

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.

Stakeholders 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 64) CHR of CoE observed that private carers (badanti) for older persons or persons with disabilities might be in a particularly vulnerable situation. Private carers are mostly women from third countries, who live in the households where they work and who were found to be potentially vulnerable to trafficking and exploitation by the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA). A particular issue concerned the fact that their stay permits are valid for a maximum period of 11 consecutive months per year. The obligation to leave San Marino after the expiry of the 11-month stay permit, even if the person could come back one month later, is seen as putting these women at a disadvantageous and precarious situation.
Para 65) However, CHR of CoE The Commissioner was pleased to note that the authorities acknowledged the need to address some of these issues and that they were examining, for instance, means of facilitating co-operation between services responsible for private carers and services used by the latter, and measures to make it easier for the badanti to turn to trade unions, courts and the Equal Opportunities Commission for protection.
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.
Para 69) CHR of CoE noted with appreciation that San Marino should take resolute measures to combat gender stereotypes, starting from the earliest levels of education, and to guarantee a much better participation of women in political life, taking account of the relevant Council of Europe standards.

National Report:
Para 37) ... Delegated Decree no. 60 of 31 May 2012, implementing Article 4 of Law no. 97 of 20 June 2008, has established the various forms of assistance to the victims of violence.

Para 38) Such Decree specifies the operational tools of the Authority in the framework of the tasks entrusted by Law no. 97/2008. The Authority promotes and supports any initiative aimed at the prevention of violence, providing support to victims, including through the signing of specific operational protocols. It fosters and monitors the activities of the associations promoting awareness of the services that provide assistance and able to start prevention projects. In addition, it promotes the conclusion of a convention, on an annual basis and through the Directorate General of the Social Security Institute, with a "Shelter Centre" in the nearby or private facilities in the Republic of San Marino.

Para 40) The Mental Health Public Service offers psychological and other assistance to the victims of domestic violence and in 2012 a Centre of Assistance was established for the victims of violence, including stalking and mobbing. At the Centre of Assistance, psychologists provide support and advice to the victims of violence. In addition, the Authority for Equal Opportunities is available by phone 24 hours a day to provide support, assistance and cooperation to victims of violence, by guaranteeing anonymity.

National Report:
Para 18) On 21 July 2011, San Marino ratified the two OPs to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography ... The two Protocols entered into force for San Marino on 26 October 2011.