The Republic of San Marino is a multiparty democracy. Twice yearly, the popularly elected unicameral Great and General Council (parliament) selects two of its members to serve as Captains Regent (coheads of state). They preside over meetings of the Council and of the Congress of State (cabinet), which has no more than 10 other members (secretaries of state), selected by the Council. Parliamentary elections were held in December 2019 and observers considered them generally free and fair.
The Civil Police operates under the authority of the Ministry of Internal Affairs. The Captains Regent oversee the Gendarmerie (national police force) and National Guard (military) when they are performing duties related to public order and security. The Ministry of Foreign Affairs exercises control over such administrative functions as personnel and equipment, and the courts exercise control over the Gendarmerie when it acts as judicial police. Civilian authorities maintained effective control over the security forces.
There were no reports of significant human rights abuses.
The government had mechanisms in place to identify, investigate, and prosecute officials who commit human rights abuses.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape, including spousal rape, is a criminal offense, and the government effectively prosecuted persons accused of such crimes. The penalty for rape is two to six years in prison. In aggravated circumstances, the sentence is four to 10 years. No figures for cases of rape or domestic violence are yet available for the first 11 months of the year.
The law prohibits domestic violence, and the government effectively enforced it. Domestic violence is a criminal offense; the penalty for spousal abuse is two to six years in prison. In aggravated circumstances, the prison term is four to eight years.
In October several local institutions launched an app to oppose domestic violence.
Sexual Harassment: The government effectively enforced the law prohibiting sexual harassment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; and have access to the information to do so, free from discrimination, coercion, or violence. Access to contraception is provided. The government provides access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides for the same legal status and rights for women as for men. The law regarding domestic violence and domestic abuse also prohibits gender-based discrimination.
Birth Registration: Citizenship derives from either parent, including adoptive parents, or if both parents are unknown or stateless, by birth in the country’s territory. Births must be registered within 10 days.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 18, but a judge can authorize the marriage of minors at age 16 in special cases.
Sexual Exploitation of Children: The law prohibits child pornography, including performances, works, and material, and provides for punishment of anyone trading in, providing, or in any way distributing child pornography. The law includes punishment for providing information aimed at enticing or sexually exploiting children younger than 18, the minimum age of consent for sex. The penalty for this type of crime is imprisonment for two to six years, increased to four to 10 years if it involves sexual intercourse or if it has been committed to the detriment of a child younger than 14 or a child younger than 18 who has physical or mental disabilities.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish population is small. There were no reports of anti-Semitic acts.
There were no confirmed reports that the country was a source, destination, or transit country for victims of human trafficking.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these prohibitions effectively, but not all public buildings were accessible to persons with physical disabilities. There were no reported cases of discrimination against persons with disabilities.
The law forbids discrimination based on sex or sexual orientation, personal, economic, social, political, or religious status. In June a specific prohibition of discrimination based on sexual orientation was added via an amendment to the country’s constitution. This followed the legalization of civil unions, including for same-sex couples, approved by parliament in 2018.
The law provides that, when a person commits an offense motivated by hostility toward the victim’s sexual orientation, courts should consider such motivation as an aggravating circumstance when imposing sentence. The law prohibits persons from committing or encouraging others to commit discriminatory acts on the grounds of sexual orientation.