SAN MARINO: National Laws

Summary: General overview of San Marino's national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of the CRC in national law
The Convention on the Rights of the Child is used as a tool to interpret legislation in Sammarinese law. This means that courts are required to interpret domestic legislation in a manner compatible with the Convention where the text of national law makes this possible. The courts have invoked the Convention in this manner.

Constitution: San Marino does not have a codified constitution, though it has a series of Statutes and Declarations of a constitutional character. The Declaration on Citizen's Rights and Fundamental Principles of the San Marino Constitutional Order (Law No. 59 of 8 July 1974) contains the major constitutional rights provisions. The Declaration also includes a small number of rights provisions that make specific reference to children:

• Art. 6: provides for free science and education and requires that the law secure education to all citizens free of cost
• Art. 11: requires the Republic to promote the development of the personality of young people within the fields of education, work, sports and leisure facilities as well as to educate them as to the free and responsible exercise of their fundamental rights
• Art. 12: provides that children born out of wedlock enjoy spiritual, legal and social protection and are to be treated on an equal footing as “legitimate” children

Legislation: there is no comprehensive or consolidated Children's Act or Code in San Marino, rather provisions of particular importance to children can be found throughout a number of Laws. Relevant legislation includes, but is by no means limited to:

• Law No. 15 of 25 February 1974, the San Marino Penal Code
• Law No. 49 of 26 April 1986, the Reform of Family Law
• Law No. 1 of 30 April 2002 on the suppression of the sexual exploitation of children
• Law No. 83 of 28 October 1999 on the establishment of a special juvenile justice procedure
• Law No. 114 of 30 November 2000 on citizenship
• Law No. 15 of 25 June 1975 setting the age of majority
• Law No. 21 of 21 of 3 May 1977 on the Social Health Care Service
• Law No. 111 of 15 December 1994 granting maternity rights
• Law No. 114 of 30 November 2000 on citizenship rights
• Law No. 42 of 6 December 1982 establishing the family allowance fund
• Law No. 46 of 1989 on child custody
• Law No. 21 of 3 May 1977 on the establishment of family-like institutions
• Law No. 21 of 12 February 1998 on general provisions on education

Legal Research:
The International Labour Organisation website, NATLEX, provides access to a selection of Sammarinese legislation in French and Italian (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=SMR) and the Declaration on Citizen's Rights and Fundamental Principles is available in English through the website of the World Intellectual Property Organisation (http://www.wipo.int/wipolex/en/text.jsp?file_id=252163). In addition, the GlobaLex project at New York University provides a guide to legal research in “micro-states” (http://www.nyulawglobal.org/globalex/Microstates.htm) and the World Legal Information Institute (http://www.worldlii.org/sm/) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/sanmarino.php) provide links to a selection of legal and governmental resources.

Case Law
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in which national courts have referenced the Convention on the Rights of the Child.

Case Law Research
Please contact CRIN if you are aware of any online resources that publish the case law of San Marino.

Compliance with the CRC
In its Concluding Observations of 2003, the Committee on the Rights of the Child welcomed the institution of an Act to provide for international law as an integral part of Sammarinese law, and that laws had been enacted with the aim of harmonising existing legislation with the Convention. Nonetheless, the Committee raised concerns that “domestic legislation still [did[ not fully reflect the principles of the Convention” and that ius commune remained the predominant rule, and that was not always conducive to the realisation of children's rights.

In depth analysis
The Committee also made a small number of more specific comments on the compatibility of domestic law with the Convention, including highlighting the absence of legal provisions to combat racism and discrimination. The Committee urged the State to implement provisions to combat this deficit in national legislation.

The Committee also emphasised the lack of information provided by the State on the civil rights and freedoms of children which made it difficult to make specific comments as to the compatibility of national law with the Convention.

Current legal reform projects
Please contact CRIN if you are aware of any current legal reform projects.