UPR Sexual Rights Database

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 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.

National Report:
Para 42) Decree no. 60/2012 provides for the mandatory training for all operators dealing with violence in various capacities (school, police forces, health and social services, lawyers and court). The Authority is responsible for annually promoting compulsory professional training courses in order to provide adequate tools and train personnel specialised in the fields of juridical, psychological and legal assistance to the victims of violence. The courses were launched in 2012 in collaboration with the Department of Training of the University of San Marino and a multiyear general plan will be soon developed for the training and refreshing of all operators, including police forces. During these courses, the contexts in which the actions of gender violence arise and the relevant reasons are analysed, in order to identify and prevent them, as well as the best practices shared at a national and international level in the field of assistance to victims.

National Report:
Para 15) In accordance with the recommendations accepted in the second UPR round: … (b) on 20 July 2015, San Marino acceded to the OP-ICESCR, done at New York on 10 December 2008, also accepting the competence of the CESCR under Articles 10 and 11 of the Covenant;

UN Compilation:
Para 2) The HR Committee welcomed the ratification of the OP-ICESCR …

National Report:
Para 103) San Marino continues to defend the institution of the family. In recent years, as already extensively discussed above, numerous measures have been implemented to protect the weakest and most vulnerable groups. Some important interventions have been made to support persons with disabilities, with particular reference to measures supporting families taking care of them.
Para 104) Decree Law no. 117 of 4 September 2018 "Measures to support parenting and family care" also extended parental leave in cases where, in the first 14 years of life, the child, although not disabled, develops a very serious disease, even temporary, such as to make the permanent assistance of a parent necessary.
Para 105) Decree Law no. 47 of 21 March 2019 "Integration and extension of interventions in support of families" provides for special measures of solidarity with the family, such as the right to be absent from work, either alternately or jointly, some forms of flexible and accessible leave from work, and the possibility for colleagues of people who care for the disabled to donate their holidays.
Para 106) Many financial aid measures are available to families facing a situation of poverty, although temporary. The measures are aimed at supporting households facing particular economic difficulties, taking into account the needs and number of members of the household, paying special attention to single-income families with minor dependent children, disabled, elderly or in situations of social malaise.

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.