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.

Stakeholder Summary:
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.

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 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.