San Marino is a Member State of the Council of Europe (COE) and of the United Nations (UN), and has human rights obligations at the regional and universal levels.
Regional: European System
As a Member of the COE, San Marino has ratified the European Convention on Human Rights and is subject to the jurisdiction of the European Court of Human Rights. San Marino has not ratified the European Social Charter. Its human rights policies and practices are monitored by the COE Commissioner for Human Rights, who identifies gaps in human rights protection, conducts country visits, engages in dialogue with States, and prepares thematic reports and advice.
Individuals and groups have submitted complaints of human rights violations committed by San Marino to the European Court of Human Rights. For example, the Court found San Marino responsible for a violation of an individual’s right to a fair trial when the same judge who conducted the investigation and trial also considered the appeal, and when there was no opportunity for a hearing during the appeal. See ECtHR, Tierce and Others v. San Marino, nos. 24954/94, 24971/94 and 24972/94, ECHR 2000, Judgment of 25 July 2000.
Additionally, the Court may grant interim measures to protect people in urgent situations of risk in San Marino.
San Marino is a party to the following regional human rights treaties:
- European Convention on Human Rights and several of its protocols
- COE Convention on Preventing and Combating Violence against Women and Domestic Violence
- COE Convention on Action against Trafficking in Human Beings
- European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- Framework Convention for the Protection of National Minorities
United Nations System
As a UN Member State, San Marino is subject to the oversight of various UN human rights bodies, including the Human Rights Council and its Universal Periodic Review and thematic special procedures. As a party to specific universal human rights treaties, San Marino’s policies and practices are monitored by UN treaty bodies. It has accepted the complaints procedure of six treaty bodies.
San Marino is a party to the following regional human rights treaties:
- European Convention on Human Rights and several of its protocols
- COE Convention on Preventing and Combating Violence against Women and Domestic Violence
- COE Convention on Action against Trafficking in Human Beings
- European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- Framework Convention for the Protection of National Minorities
San Marino has also ratified the Second Optional Protocol to the ICCPR aimed at abolishing the death penalty, and optional protocols to the CRC addressing children in armed conflict and the sale of children, child prostitution, and child pornography. San Marino has a duty to submit State reports to the UN treaty body associated with each UN human rights treaty San Marino has ratified. These reports must be submitted on a periodic basis and describe the steps taken to implement the treaty provisions.
San Marino has also ratified optional protocols and made appropriate declarations allowing individuals to submit complaints against the State alleging violations of the ICCPR, ICESCR, CAT, CEDAW, CRPD, and CERD. Additionally, certain UN treaties contain inquiry procedures, which allow the UN treaty body to consider allegations of grave or systematic human rights violations. San Marino has accepted the inquiry procedures of the ICESCR, CAT, CEDAW, and CRPD.
On April 3, 2003, San Marino extended a standing invitation to UN special procedures, which means that any such mandate holders are welcome to conduct visits in San Marino.
For more information on San Marino’s engagement with UN human rights bodies, visit http://www.ohchr.org/EN/countries/ENACARegion/Pages/SMIndex.aspx.
Last updated: February 2020