SAN MARINO: Access to justice for children

This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.

San Marino has ratified the CRC and all international treaties are automatically form part of national law and are directly and immediately applicable. Furthermore, they take precedence over and are use as a tool of interpretation of national laws. Everyone is constitutionally guaranteed judicial protection of their rights and interests, however, the procedure under which an action for a violation of the rights of the child can be brought is unclear. Legal aid is available for legal representation only but not for legal advice and research did not find any legal clinics or other pro bono services operating in the country. There is no Ombudsman or other independent human rights institution, however children have recourse to the European Court of Human Rights once all domestic remedies have been exhausted.

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