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.
The law prohibits violence against women, and the government effectively enforced it. The penalty for spousal abuse is two to six years in prison. In aggravated circumstances, the term is four to eight years. Authorities recorded six cases of domestic violence (physical, psychological, and economic) and no cases of rape in the first seven months of the year.
On May 6, the government incorporated the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence into the criminal code. As a result, new cases of such violence, including forced marriage, female genital mutilation, forced sterilization, and domestic violence are considered crimes.
Sexual Harassment: The government effectively enforced the law prohibiting sexual harassment. There was one report of sexual harassment during the first nine months of the year.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence.
Discrimination: The law provides for the same legal status and rights for women as for men. There were no reports of discrimination against women in marriage, divorce, child custody, employment, credit, pay, ownership and management of businesses or property, education, the judicial process or housing. The May 6 amendments to the criminal code regarding domestic violence and domestic abuse also prohibit gender-based discrimination.
Birth Registration: Citizenship derives from one’s parent (either mother or father) or, if both parents are unknown or stateless, by birth on the country’s territory. Births must be registered within 10 days.
Early and Forced Marriage: The legal minimum age of marriage is 18, but a judge can authorize the marriage of minors 16 and older 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 under the age of 18, the minimum age of consent for sex. Authorities enforced the law.
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 travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish population is small. There were no reports of anti-Semitic acts during the first seven months of the year.
Trafficking in Persons
There were no confirmed reports during the first nine months of the year that San Marino was a source, destination, or transit country for victims of human trafficking.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, transportation, education, access to health care, the judicial system, or the provision of other state services. The government generally enforced these prohibitions effectively, but not all public buildings were accessible to persons with physical disabilities. The San Marino Commission on Disabilities made numerous requests for the implementation of laws passed in March 2015 to protect the rights of persons with disabilities. There were no reported cases of discrimination against a person with disabilities during the first nine months of the year. There was one case where the government charged a citizen with abandonment of a person with disabilities.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law forbids discrimination based on sex or personal, economic, social, political, or religious status. Such laws apply to lesbian, gay, bisexual, transgender individuals. The law makes no reference to intersex persons.
The law provides that, when a person commits an offense motivated by hostility toward the victim’s race, ethnicity, nationality, religion, or sexual orientation, courts should consider such motivation as an aggravating circumstance when imposing sentence. The laws prohibit persons from disseminating, by any means, ideas based on racial or ethnic hatred or from committing or encouraging others to commit discriminatory acts on the grounds of race, ethnicity, nationality, religion, or sexual orientation. Offenders are subject to prosecution.