1. Right to life, liberty and security of person
83. San Marino continues to protect the right to life from conception to natural death:
the Criminal Code punishes the crime of murder and injury, both intentional and negligent, infanticide, incitement or assisted suicide and procured abortion.
84. The decriminalisation of the termination of pregnancy and the protection of parenthood (and life) have long been debated during the parliamentary session of 7 June 2019; two bills of popular initiative were illustrated in the first reading: "Support to parenthood and unborn children" and "Rules on conscious and responsible procreation and voluntary termination of pregnancy". Discussion on the two bills is currently underway.
85. Death penalty was abolished in San Marino in 1830, temporarily reintroduced following riots, it was finally repealed in 1865. San Marino was the first country in Europe and the third in the world to abolish the death penalty; indeed, in international fora, San Marino pays great attention to initiatives aimed at the abolition of the death penalty in the world.
2. Administration of justice and right to a fair trial
Recommendations 78.17 and 78.36 concerning the passing of a new Code of Criminal Procedure
86. By Qualified Law n. 1 of 26 February 2019, San Marino introduced regulatory measures to promote better operation of its judicial system.
87. The Association of Lawyers and Notaries of San Marino and the Court have recently met to start a collaboration project aimed at reforming various aspects relating to justice, including the updating of the current rules on criminal procedure.
88. On 26 April 2017, the Parliament approved the law reforming the prison system, in order to comply with the recommendations of the CPT. In particular, the Observation and Treatment Group was set up, with the task of proposing a tailored programme for each inmate, after obtaining judicial and prison, clinical, psychological and social data, and after conducting interviews with the inmate, also in order to stimulate critical review of the facts for which conviction intervened, the reasons and negative consequences of the crimes committed, as well as the remedial actions. In addition, work both inside and outside the prison was introduced, in order to allow a better rehabilitation after the detention and an easier reintegration into society.
89. After the signing of a memorandum of understanding between the Court, various Ministries, the Department of Institutional Affairs and Justice, the Legal Institute of the University of San Marino and the Association of Lawyers and Notaries on 5 June 2019, the judgements of San Marino case law, divided by subject and introduced by a summary highlighting the legal principles, will soon be published on-line and will be available on a dedicated website that will ensure rapid access by professionals and stakeholders.
3. Freedom of movement, of residence and the right to seek asylum
90. The relevant legal instrument is Law n. 118 of 28 June 2010 on the entry and stay of foreigners in the Republic of San Marino. It has undergone numerous changes over the years, as a result of reflections and suggestions from different sectors, deriving both from the experience in applying the law and rules currently in force, and from the recommendations of international bodies (in particular ECRI and GRETA).
91. By Law no. 118/2015, the following amendments have been introduced:
(a) stay permits for family reunification and reunion have been extended to previously unregulated cases, in order to protect both family unity and parental relationships;
(b) the possibility of issuing a stay permit to a cohabiting partner with a continuous stability of at least 5 years has been recognised;
(c) a new permit for cohabitation has been introduced, i.e. a permit for cohabitation for solidarity purposes and mutual aid;
(d) the differences in treatment between San Marino citizens by origin on the one hand and citizens by naturalisation or marriage on the other, as regards the possibility of granting residence to legitimate children, both biological and adopted children, have been eliminated.
92. San Marino has not established any procedure for processing and adjudicating asylum applications. However, Law no. 118/2010 has introduced the "extraordinary stay permit for humanitarian reasons of social protection". This permit, issued by the Congress of State, may be granted in case of special humanitarian needs of social protection and, according to the legislative amendments of 2016, also to victims of trafficking and violence. The recent Law no. 78 of 17 May 2019 introduced the possibility for the competent Parliamentary Commission to transform the extraordinary permit for humanitarian reasons into an ordinary stay permit or into permanent residence, after a continuous stay in the Republic of at least 2 years. This possibility is intended to support the integration in the Republic of persons who have benefited from the extraordinary permit mentioned above.
93. Delegated Decree no. 122 of 24 September 2018 introduced into San Marino legal system the possibility for 20 cross-border workers per year, who have continuously worked for at least 15 years, to obtain ordinary residence in the Republic. If the quota is exceeded, a draw shall be made.
Recommendations 78.28 and 78.46 on measures to facilitate the integration of migrants and to promote tolerance and intercultural and religious dialogue
94. For several years, San Marino has devoted great attention to intercultural and interreligious dialogue and has promoted a culture of peace and non-violence by organising
events on these issues. The Republic has been an active part in the organisation of high-level international meetings such as the “meetings on the religious dimension of intercultural dialogue” of the Council of Europe, and regularly hosts exhibitions, conferences and meetings to reflect on the theme of dialogue.
95. Since 2016, the "Dialogue Forum" has been held annually in San Marino. Its purpose is to promote dialogue among different religious, social and cultural realities, and involves both associations and the academic and religious world. The event is organised by various non-governmental organisations and benefits from the patronage of the State.
96. Exhibitions and cultural events on these themes are also organised on a regular basis. For example, in 2016 two exhibitions on religions and two on refugees were organised in San Marino: the itinerant exhibition "Le Lacrime di Dio, Ebrei Cristiani ed Islamici in dialogo” (the tears of God, a dialogue among Jews, Christians and Muslims), an intercultural and interreligious contemporary exhibition, which follows a previous event in the Republic entitled “I figli di Abramo” (Abraham’s sons), dedicated to the sacred art of the three monotheistic religions; a photographic and infographic exhibition on refugees, entitled “Open Migration”, displayed in the Government Building, besides various photographic exhibitions on the tragedy of migrants and today’s conflicts. The exhibition by San Marino artists entitled "Il mare dentro: migranti di oggi e di ieri" (the sea inside:
today’s and yesterday’s migrants) was held between the end of 2016 and the beginning of 2017.
97. In implementation of an Agreement signed with the Sant'Egidio Community in 2012, San Marino joined the Humanitarian Corridors Project and received, in 2016, a family from Syria.
4. Right to citizenship
98. The acquisition of San Marino citizenship by naturalisation is regulated by Law no.
38 of 22 March 2016 and its implementing Regulation. This Law has introduced an important element in this field, namely the possibility of obtaining citizenship by naturalisation automatically on reaching the necessary years of residence, thus overcoming the previous need to issue an extraordinary law. The effects of naturalisation automatically extend to the minor children of the naturalised parent who has applied for it, provided that they are resident on the date of application.
5. Right to participate in the political and cultural life of the country
99. Since October 2014, elections have been held in the Republic of San Marino for the renewal of Parliament (2016), the renewal of Township Councils (2014) and two rounds of referendums (2016 and 2019).
100. Following the invitation to the OSCE and participating States to observe the pre-term parliamentary elections of 20 November 2016, the OSCE/ODIHR conducted a Needs Assessment Mission in San Marino from 10 to 12 October 2016 and decided not to send an observation mission.
101. Following the referendum round of 15 May 2016, San Marino Parliament approved Qualified Law no. 2/2016 on the elimination of the quorum requirement for the approval of a referendum question and Qualified Law no. 3/2016, which reduces from three to one the preferences that the voter can express in the general elections for the renewal of Parliament.
6. Right to privacy and family life
Right to privacy
102. Despite the negotiations of the Association Agreement with the European Union have not yet been completed, San Marino has decided to transpose into domestic legislation the contents of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the processing of personal data. The Regulation has been transposed into San Marino law by accepting all provisions contained therein. The administrative process
of full implementation of the relevant Law has been started, in particular by establishing a Data Protection Authority, which is already in place and fully operational.
Right to family life
Recommendation 78.37 concerning the defence of the institution of the family
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.
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.
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.
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.