UNITED NATIONS

CCPR

International covenant on civil and political rights

Distr.

GENERAL

CCPR/C/SMR/Q/2/Add.1

25 June 2008

Original: ENGLISH

HUMAN RIGHTS COMMITTEE

replies to the list of issues ( CCPR/C/SMR/Q/2 )

to betaken up in connection with the consideration of the second periodIC REPORT OF THE GOVERNMENT OF the

republic of SAN MARINO

( CCPR/C/SMR/2 ) *

[24 June 2008]

GE.08-42725APPLICATION OF THE INTERNATIONAL COVENANT

ON CIVIL AND POLITICAL RIGHTS

Answers of San Marino in relation to the list of issues to be taken up in connection with the consideration of the second periodic report of the Republic of San Marino

This information will be provided later.

This information will be provided later.

The “Government agenda for the XXVI Legislature”, approved on 17 July 2006, provides for the establishment by law of an Ombudsman. On 21 May 2007 the Congress of State, in a press release, stated that at the end of the successful six-month Chairmanship of the Council of Europe (November 2006 –May 2007), one of the priorities of the Government would be to evaluate the possibility to establish an Ombudsman, who would guarantee the respect for human rights of any person being in San Marino. Till now, it has not been established yet.

However, in the Republic of San Marino this function has been traditionally conferred upon the Captains Regent (Heads of State). The Roman institution of the two Consules (Consuls) developed during the Middle Ages into a differentiation between the Capitaneum (Captain, of noble origin) and the Deffensorem (the People’s Defender, of humbler origin). This distinction is still present today in certain aspects, like the differentiation between the first and the second Captain Regent.

With the constitutional changes introduced in 2005 the tradition of citizens appealing to the Captains Regent has been integrated into the legislation, thus institutionalising the procedure. According to Article 6 of Law no. 185 of 16 December 2005, complaints may be reported to the Captains Regent by persons whose rights have been violated by the Public Administration, even though the procedure with which complaints shall comply has not been regulated yet. These claims may be submitted to the Captains Regent, who receive people one day a week, on Wednesdays, from 9 am to 12 pm, not only by San Marino citizens, but also by residents. The Captains Regent write a report on the claims and through the competent offices they respond to the requests within the Congress of State or directly within the public administration, which is liable for any damage caused to the requesting party.

The efforts made by San Marino to face the terrorism are mainly targeted at countering terrorist financing. This is due to the small dimensions of the Country (61 km2), which facilitate capillary controls and patrolling of the territory by the Police Forces (Gendarmerie, Civil Police and the Fortress Guard), especially along the borders. Besides a clear legislation regulating the presence of foreigners in San Marino, these controls do not allow to exploit San Marino either as a hideout or as a place where terrorists or terrorist organisations could plan their attacks.

In compliance with the recommendations of Resolution No. 1373 (2001) of the Security Council, the Republic of San Marino has adopted Law No. 28 of 26 February 2004 “Provisions on anti-terrorism, anti-money laundering and insider trading”, which punishes anyone taking part in terrorist actions or promoting, establishing, organising, directing or financing associations that aim at perpetrating violent acts for the purpose of terrorism, as well as anyone providing participants in terrorist associations with assistance or aid in any form. This Law has introduced new provisions in the Criminal Code through which the provisions enshrined in United Nations International Convention for the Suppression of the Financing of Terrorism of 1999, in force in San Marino since April 2002, are converted into the domestic legislation.

On 10 June 2008 the Great and General Council approved a Law entitled Provisions to Prevent and Combat Money-Laundering and Terrorist Financing, aimed at further enhancing and adapting the San Marino legislative framework to the international standards regarding prevention of and fight against money laundering and terrorist financing, in compliance with the recommendations of the Financial Action Task Force (FATF) of the Organisation for Economic Cooperation and Development (OECD) and the MONEYVAL Committee of Experts of the Council of Europe.

Prohibition of discrimination on the grounds of sex is covered in the Declaration of the Citizens’ Rights and of the Fundamental Principles of San Marino Constitutional Order (“Declaration of the Citizens’ Rights ”) referring to Law No. 95 of 19 September 2000. Reforming article 4 of the Declaration of the Citizens’ Rights , this Law has explicitly introduced sex as a possible element for discrimination.

The Declaration of the Citizens’ Rights also prohibits any discriminatory behaviour towards a person, on the basis of their sexual orientation, which falls under the definition of “personal status” referred to in article 4.

This expression, which avoids any misunderstanding or misapplication of the principle of equality set forth in article 4 of the Declaration of the Citizens’ Rights , has been used by the legislator in order to recognise the illegitimacy of any discrimination based on the status or characteristics of the person.

To prove that, it is worth mentioning Law No. 66 of 28 April 2008 “Provisions against Racial, Ethnic, Religious and Sexual Discrimination”. Supplementing the provisions enshrined in the current Criminal Code, the Law has introduced article 179 bis, which punishes anyone spreading in any way ideas based on superiority or racial or ethnic hate, or encouraging to commit or committing itself discriminatory acts on the grounds of race, ethnicity, nationality, religion or sexual orientation. This offence is prosecuted by the competent judicial authorities.

Furthermore, committing an offence for the purposes of discrimination on the grounds of race, ethnicity, nationality, religion or sexual orientation is considered by the same law to be aggravating circumstances.

It should also be noted, ad abundantiam, that discriminatory and arbitrary behaviours on the grounds of sex or sexual orientation shall be prohibited by virtue of the international conventions on human rights signed by the Republic of San Marino. In particular, it is worth mentioning the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), ratified by decree No. 22 of 9 March 1989, and the Universal Declaration of Human Rights, the contents of which were accepted by the Republic of San Marino through a formal declaration on 19 February 1992, as it became a member of the United Nations.

The rights and freedoms enshrined in the international conventions are, indeed, integral part of the San Marino constitutional order, under article 1 of the Declaration of the Citizens’ Rights of 1974, stating in paragraphs 3 and 4 that “… San Marino constitutional order recognises, guarantees and enforces the rights and fundamental freedoms set forth by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Regularly signed and implemented international agreements on the protection of human rights and freedoms shall prevail over domestic legislation in case of conflict”.

As far as the provisions referred to in article 12 of the Declaration of the Citizens’ Rights are concerned, it is noted the following: firstly, it is necessary to clarify that the above-mentioned definition, under which “the Republic shall protect the institution of the family, based on the moral and legal equality of spouses …”, represented an unprecedented provision at the time when the Declaration of the Citizens’ Rights was approved, and it was certainly the consequence of the social and legal evolution of the role of women within society and, therefore, also in the family.

Through this article, the legislator took account of the fundamental role played by the family in society. Unlikely the past, when family relations were based on the principle of the husband’s authority, the current family has to find its inspiring principle in the equal position of spouses.

Taking account of modern society and its composition, the Declaration of the Citizens’ Rights has introduced article 12 with an concept of family focused on the mutual, equal cooperation between the spouses, extending the principle of equality referred to in article 4 also to family relations. On the one hand, spouses are recognised to express their personality and to exercise their own rights within the family, thus overcoming the old patriarchal conception; on the other hand, they are assigned the duty of contributing to meeting the family’s needs in relation to their resources and their own capacity relating to professional and home activities.

Under the Law on Prevention and Repression of Violence against Women and Gender Violence, recently approved by the Great and General Council (on 18 June 2008), domestic violence constitutes an offence in San Marino.

In 2007, 13 cases were entered for trial at the Civil and Criminal Court of San Marino because of offences related to domestic violence in its broadest meaning. Two of these cases are still pending in the pre-trial phase, whereas for three of them criminal proceedings have been initiated (two proceedings have already been concluded with a judgement of conviction) and the other eight cases have been filed (for six of them the complaints have not been submitted according to the law).

Law No. 84 of 17 June 2004 “Amendments to Law No. 114 of 30 November 2000 (Law on Citizenship)” has introduced a significant change in the San Marino legislation, regarding the attribution of citizenship by origin, transmitted by the mother to her child at birth.

While Law No. 114 of 30 November 2000 established that San Marino citizenship might be transmitted by mothers only when their children, turning 18 years of age, applied for it, the new Law 84/2004 sets forth that all women being San Marino citizens transmit their own citizenship to their children at birth. Under the same law, the children who have only one parent of San Marino citizenship are required, within 12 months after reaching the age of 18, to subscribe to a deed where they state that they want to keep San Marino citizenship, otherwise they will loose it.

By adopting Law 84/2004, the unequal treatment between the children of a father being a San Marino citizen and the children born to a mother with San Marino citizenship has been eliminated.

There are no distinctions in the provisions related to the naturalisation of children, depending on whether they are born from a naturalised mother or father, since San Marino nationality through naturalisation is immediately acquired by the minor provided that both his/her parents become naturalised citizens. If San Marino citizenship through naturalisation is acquired only by one parent and the other one keeps his/her foreign nationality, the San Marino nationality is extended to the minor when he or she becomes 18 years old, provided that he or she is resident in San Marino.

The existing legislation governing inheritance does not envisage any distinction or difference based on gender.

In the light of the recent ratification by San Marino of the United Nation Convention on the Rights of Persons with Disabilities and its relative Protocol on 29 January 2008, the entire legislation concerning the issues and the areas covered by the Convention is currently being reviewed, so that the San Marino legislation will be in line with the standards set forth by this important instrument.

Up to now, the legislative provisions implemented in the field of disabilities cover different aspects and areas.

-By adopting Law No. 141 of 21 November 1990 Framework Law for the Protection of the Rights and the Social Integration of Persons with Disabilities, the Republic of San Marino activates any legislative, economic, scientific and social means or instrument to guarantee and protect the human dignity and the rights of freedom and autonomy of disabled people, by enforcing the fundamental principles set forth in Law No. 59 of 8 July 1974 and in the international conventions and resolutions signed. San Marino commits itself to preventing and eliminating the disabling conditions which hamper the development of the person, their maximum autonomy and the participation of disabled people in collective life, as well as the exercise of their fundamental rights. The Republic aims at promoting and ensuring services for the prevention, treatment and rehabilitation of physical, mental and sensorial disabilities and to encourage the social, educational and professional integration of persons with disabilities.

-Law No. 78 of 28 September 1992 Removal of Architectural Barriers aims at governing and implementing actions in order to guarantee the right to mobility and the full social integration of any person, also by removing all those obstacles which limit the freedom and equality of persons and thus hamper their full development and effective participation in social, cultural and political life of the country.

-In order to achieve the goal of full employment, the Republic of San Marino has adopted Law No. 71 of 29 May 1991 Professional Insertion of Persons with Disabilities, which reiterates the right to work of disabled people, as envisaged in Law No. 141 of 21 November 1990. Furthermore, it establishes the conditions to exercise the right to work of disabled people, their professional advancement and the professional insertion of persons affected by serious disabilities or mental problems for training, therapeutic and social purposes. More precisely, article 4 sets forth that the enlarged public sector and private businesses having more than 20 workers are required to hire a person with disabilities every 20 employees, also in order to implement the fundamental principles laid down in Law No. 59 of 8 July 1974 and its subsequent amendments and supplements. Indeed, under this Law, both the State and private businesses shall comply with the requirement to hire this category of workers, implementing the provisions of Framework Law No. 141 of 21 November 1990, so that disabled people can have a guaranteed and protected work which enables them to professionally advance and progress, through specific training and insertion actions, by assigning them tasks according to their professional capacities and respecting their professional dignity. Training and therapeutic insertion is also possible, thus recognising a positive function to labour, which aims at fully rehabilitating persons who, through an adequate therapeutic program, can improve their conditions of poor or no labour capacity. Moreover, Law No. 34 of 4 August 1967, Law No. 18 of 26 January 2006 and Decree No. 37 of 15 February 2006 regulate the full employment of the workforce and they establish the modalities and criteria for the professional insertion of disable people into the integrating and supporting groups of the Public Works State Corporation, the State Corporations, the Public Administration and the Autonomous State Entities.

-As far as employment is concerned, under Law No. 137 of 26 May 2003 Measures supporting families, family members taking care of a person with a permanent and serious disability are entitled to be absent from work up to three days a month. Law No. 92 of 30 July 2007 has extended the above-mentioned benefit to the relatives of a person affected by a serious pathology, whether permanent or temporary, to foster families and to workers with a serious permanent disability.

- As far as financial measures are concerned, Law No. 138 of 13 November 1991 Attendance benefit establishes that a monthly allowance is granted to persons who cannot walk without the ongoing and permanent assistance of someone accompanying them or require ongoing assistance in their daily actions, due to a disease or a disability.

- In education, Law No. 60 of 30 July 1980 Reform of the Education System ensures in articles 3 and 21 that the students with disabilities take part in the educational and school activities, establishing suitable conditions for their rehabilitation. In addition, Law No. 124 of 30 October 1990 “Amendment and Supplement to Law No. 72 of 25 September 1980 “Establishment of the Collective Bodies governing School” aims in articles 2, 3 and 4 at facilitating the integration of students with any kind of disability or problem into the life of the school institution.

-Through Law No. 24 of 12 February 1998, Measures related to private social, health care and assistance structures, whether residential or semi-residential, for the elderly or people with disabilities, the Republic of San Marino intends to ensure an adequate social and health care assistance to persons with disabilities, thus preventing any form of marginalization they might be victim of. To this end, the Law authorises the opening of these structures and establishes the minimum requirements to operate and provide services in the facilities built for this purpose.

-Law No. 21 of 3 May 1977 establishes the Psychomotor Education Centre (C.E.P) of the Minors’ Service, which offers assistance, on a semi-boarding basis, to those minors not being able to attend normal schools or to work because of their serious mental and physical disabilities. They also need ongoing rehabilitation techniques, such as physiotherapy, speech therapy and special education. The Minors’ Service of the Social Security Institute is also responsible for the Centre for people with disabilities “Il colore del grano”, sheltering, even for a temporary period, adults with serious and moderate mental and physical disabilities, who cannot live in a family setting. Therapies and assistance are provided in order to adequately meet the educational, rehabilitating, assistance, relational, affective and social needs of guests. It also provides diurnal support to the families of persons with disabilities.

10. The obligation for a foreign citizen to provide the cautio judicatum solvi in casum succumbentiae, as a condition to start a civil action with the San Marino judicial authority, must be intended as outdated and in any case non longer applicable, inasmuch as it is at variance with Article 15 of the Declaration of the Citizens’ Rights and with the conventions on human rights to which the Republic of San Marino is a party.

11. Although San Marino has not recorded so far any case of racism or racial discrimination, the increasing complexity of social phenomena around and within society has forced to take a cultural and legal commitment to prevention and supervision in order to introduce in San Marino the necessary instruments to avoid the emergence of forms of racisms and to enhance the level of tolerance and understanding among the population.

Therefore, on 28 April 2008 the Great and General Council approved Law no. 66 Provisions on racial, ethnic and religious discrimination.

The aforementioned law is a fundamental measure confirming the commitment of the San Marino Government to the promotion of the principle of non-discrimination and implements the international commitment taken by the Republic of San Marino in joining the major international legal instruments in the field, such as Protocol no. 12 of the ECHR and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

This Law, implementing in practice the fundamental principle of equality enshrined in article 4 of the Declaration of the Citizens’ Rights , introduces in the San Marino Criminal Code the crime of racial discrimination and punishes, in particular, the dissemination, by any means, of ideas based upon racial or ethnic superiority or hatred as well as the instigation to discrimination and discrimination itself on racial, ethnic or religious basis.

12. Indeed, a relatively high number of women hold middle and middle-high ranking positions both in the public and the private sector.

As regards women’s participation in the institutional bodies of the Country, worth noting is that one of the two Captains Regent (Heads of State) in office is a woman.

Two women sit on the Congress of State (Government), out of ten Secretaries of State (Ministers), namely the Secretary of State for Internal Affairs and Civil Protection and Government Plan Implementation, and the Secretary of State for Education and Cultural Institutions, University and Social Affairs. Within the Great and General Council (Parliament), there are 7 women, accounting for 12% of its total members.

In the public sector, the highest positions are held by women, namely three Directions at the Department of Foreign Affairs (Direction General, Direction of Political Affairs and Direction of Economic and Social Affairs), the General Secretariat of the Great and General Council, the Office of Vital Records, the Single Court, the Civil Police, the State Museum, the State Library, the Office for Social and Cultural Activities, the University, the High School, the three branches of Middle School, the Nursery School, the Crèche, the Museum of the Emigrant, the Philatelic and Numismatic State Corporation, the State Personnel Office, the Town Planning Office, the Office of Land Records, the Tax Office, the General Accounting Office, the Employment Office, the Direction General of Public Finance, the State Patent and Trademark Office, the Office for Industry, Handicraft and Trade, the Registry of Deeds and Mortgages, the Direction of State Procurement and Heritage, the Senior Citizens’ Service, the Minors’ Service, the Legal and Tax Medicine Service and the Home Assistance Service.

Moreover, there is a considerable presence of women in the field of information: the newly appointed Director General as well as two of the five Chief Editors of “San Marino RTV”, the State broadcasting corporation, are women.

13. This information will be provided later.

14. This information will be provided later.

15. This information will be provided later.

16. As a general principle, the defence in trials and, therefore, the power to perform acts in civil trials is entrusted to a lawyer legally registered in the Association established by Regency Decree no. 11 of 1 February 1995 and freely chosen by the party in trial.

However, where the party is in a state of need, the right to defence is recognised and guaranteed through free legal assistance referred to in Law of 20 December 1884.

According to Article 1 of this Law, which must be interpreted in the light of the constitutional principle referred to in Article 15 of the Declaration of the Citizens’ Rights and in Article 6 of the ECHR, anyone who is in the conditions provided for by the law may be granted free legal assistance.

The requirements for being granted the aforementioned benefit are the state of poverty, which shall be confirmed by a notary act drafted by the Registry Office, and the legitimate reason in the dispute for which legal assistance is requested. The latter requirement, i.e. the assumption of a probable victory in the trial, is established according to Law no. 13 of 5 June 1923 by the Council of the Twelve which expresses its opinion following a specific report by an expert.

The application for free legal assistance including the documents proving that the applicant meets the aforementioned requirements shall be signed by the legal procurator and addressed to the Captains Regent.

As from the date of its submission, the above mentioned request duly registered according to Article 7 shall fully suspend any expiration of time.

When a person is granted free legal assistance, he shall enjoy the same benefit also in second instance, if appeal is filed by the other party. On the contrary, the person granted free legal assistance in first instance shall apply again for free legal assistance in case he files an appeal. Constant jurisprudence has also established that the benefit of free legal assistance granted in cognizance trial shall be extended also to the following executive proceeding.

The records of the proceeding collected by the procurator of the person granted free legal assistance are issued duty-free. Therefore, the person granted free legal assistance will not have to pay any judicial taxes.

As far as fees, competences and rights are concerned they shall be repeatable only by the loser non assisted free of charge. If the sentence provides for compensation of legal expenses, in whole or partially, these will be paid, in whole or partially, by the person who, according to the judicial authority, has enjoyed free legal assistance.

In the decade 1997-2007, four requests for free legal assistance have been addressed to the Council of the Twelve: two received and two rejected.

As in civil trials, legal assistance in criminal trials, if the prosecuted person does not have a personal lawyer, shall be provided by the public defender, whose functions are disciplined by Law no. 131 of 30 October 1996 Reform of the Office of the Public Defender.

At least two public defenders shall be appointed annually by Regency Decree, having heard the opinion of the Secretariat of State for Justice.

Besides the salary granted by the State, expressly provided for by the law, the public defender shall receive a benefit for each trial where he serves as public defender. This benefit shall be paid by those who have received such services, as ruled by the judge.

In performing his functions, the public defender shall defend the suspected, stopped or arrested persons who have no personal lawyer and, in particular, shall attend the hearings and provide his assistance in any other case provided for by the law, until the personal lawyer has been designated.

The public defender shall be constantly available both during the day and during the night, or, alternatively, in case of impediment, he shall provide the name of another defender in his place.

17. There have been no changes in legislation regarding the organisation of judicial power since 2003.

The 2003 Judicial Order Reform completed the legislative procedure aimed at guaranteeing to the judicial power in the Republic of San Marino full autonomy and independence from other State powers, thus enacting the fundamental principle of power separation.

The last bond tying the legislative power to the judiciary, that is the appointment of the Magistrate by the Great and General Council, was definitely severed by Law no. 144 of 2003, providing for the introduction of a substantial change in the Judges’ recruiting process which according to this law shall be carried out through specific competitions based upon qualifications and examinations.

The Plenary Judicial Council, a self-regulatory body including all the Magistrates of the Republic of San Marino and a minority representation of the Great and General Council (the Parliamentary Committee for Judicial Affairs), was established. The Judicial Council calls for competitions, takes part in the appointment of the judging committee and takes note of the winners. The role of the Chief Magistrate has been defined more clearly. The Chief Magistrate shall be a magistrate of first instance with solely organisational functions and no supervisory or control powers, in particular with respect to magistrates of higher instances.

Law no. 4 of 21 January 2004 established the salaries of Magistrates with the purpose among the others to guarantee their autonomy from any pressures on this plan, by setting forth that Magistrates cannot have their salaries reduced during their stay in office.

18. In the Republic of San Marino use of wire tapping is expressly provided for in article 7, paragraph 2, of Law no. 61 of 30 April 2002 Law for the repression of children’s sexual exploitation and article 15, paragraph 2, of Law no. 28 of 26 February 2004 “Provisions to contrast terrorism, laundering of illegal proceeds and insider trading”.

However, in no case shall this breach protection of information confidentiality, which is guaranteed at constitutional level by the Declaration of the Citizens’ Rights .

Indeed, in both the abovementioned cases, in one more explicitly than the other, the legislation provides for a further in-depth regulation to fully establish the procedures for acquisition, use and filing of the communications acquired through these means, establishing the scope of application, guaranteeing certainty to citizens by establishing the premises which could limit their right to communications privacy.

This meets the requirements of the above mentioned article 17 of the International Covenant for Civil and Political Rights, but also the guidelines of the European Court of Human Rights which has already censored the orders which establish tapping without the support of a complete, precise and protective discipline in this regard. (See Sentence of the European Court of Human Rights of 25 November 2003, Lewis vs. United Kingdom).

Following a number of recommendations provided at international level, in particular by the Moneyval Committee of the Council of Europe, urging the adoption by the Republic of San Marino of regulations aimed at giving concrete implementation to wire tapping in order with a view to contrasting specific and serious forms of crime, the Secretariat of State for Justice has prepared a draft law and launched a debate among political parties.

19. The right of free expression is reflected in practice in the citizen’s right to publicly express his own opinion and promote it with any means. Such right can be concretely applied through the right to information and report, the right of judgement and critic and the right of propaganda.

Although the Declaration of the Citizens’ Rights establishes only the limit of public order and interest, the right to free manifestation of thought is not absolute and unconditional but is limited in the vent if it interferes with the subjective rights of the individuals which are equally guaranteed by the Declaration of the Citizens’ Rights , i.e. by the observance of public obligations.

Among the limits deriving from subjective rights of individuals, the so called right to reputation, i.e. the right of a citizen not to have damaged the honour, decency and esteem which he enjoys within the community.

Article 183 of the Criminal Code punishes anyone who in a public meeting or communicating with several persons attributes to anyone present or absent such an event as to offend the honour, while Article 185 provides for an aggravating circumstance if such an offence is committed by using social media domestically as well as abroad.

The offender shall be allowed to provide evidence of truth only in the following cases: 1) if the offended person gives his formal consent; 2) if there is a pending criminal proceeding for slander; 3) if the ascertainment of events is of public interest due to the capacity of the offended person or to other reasons (Article 189 of the Criminal Code).

Finally, Article 184 of the Criminal Code punishes as a criminal offence the behaviour of anyone who in a public meeting or communicating with several persons, offends the honour of a present or absent person. If the offence is committed in the presence of the only offended person, the punishment is reduced.

20. In San Marino there are no ethnic, linguistic and/or religious national minorities, inasmuch as resident foreigners cannot be regarded as such.

The following table has been prepared by the Centre for Data Processing and Statistics of the Republic of San Marino. The term “Residents” means those individuals, either San Marino citizens or foreigners, permanently residing in the Republic of San Marino, while the term “staying persons” means foreigners holding a stay permit in Republic of San Marino.

Population by citizenship, status and sex

as of 31 December 2007

Residents

Staying persons

Residents + Staying persons

M

F

M+F

M

F

M+F

M

F

M+F

San Marino

12.657

13.898

26.555

.

.

.

12.657

13.898

26.555

Albania

9

17

26

10

10

20

19

27

46

Algeria 

2

.

2

.

.

.

2

.

2

Argentina

40

30

70

4

6

10

44

36

80

Austria

1

3

4

.

1

1

1

4

5

Barbados

1

.

1

.

.

.

1

.

1

Belarus

1

5

6

1

5

6

2

10

12

Belgium

2

3

5

.

.

.

2

3

5

Bosnia and Herzegovina

1

1

2

.

.

.

1

1

2

Brazil

3

18

21

3

4

7

6

22

28

Bulgaria

1

1

2

.

2

2

1

3

4

Cameroon

.

.

.

1

.

1

1

.

1

Chile

4

2

6

.

.

.

4

2

6

China

3

5

8

2

1

3

5

6

11

Colombia

1

3

4

.

.

.

1

3

4

Côte d’Ivoire

1

.

1

1

.

1

2

.

2

Croatia

7

9

16

10

10

20

17

19

36

Cuba

5

10

15

3

4

7

8

14

22

Czech Republic

.

4

4

1

1

2

1

5

6

Democratic Republic of the Congo

4

1

5

.

.

.

4

1

5

Dominican Republic

.

6

6

.

1

1

.

7

7

Egypt

3

1

4

1

.

1

4

1

5

Eritrea

1

2

3

.

1

1

1

3

4

Finland

.

3

3

1

1

2

1

4

5

France

11

13

24

1

4

5

12

17

29

Germany

4

2

6

.

1

1

4

3

7

Greece

1

.

1

.

.

.

1

.

1

Guatemala

.

1

1

.

.

.

.

1

1

Hungary

1

3

4

2

.

2

3

3

6

India

1

.

1

.

1

1

1

1

2

Iran (Islamic Republic of)

4

5

9

.

.

.

4

5

9

Ireland

.

1

1

.

.

.

.

1

1

Israel

.

.

.

.

1

1

.

1

1

Italy

2.299

1.443

3.742

431

357

788

2.730

1.800

4.530

Japan

.

1

1

.

2

2

.

3

3

Kazakhstan

.

.

.

.

2

2

.

2

2

Kyrgyzstan

.

.

.

.

1

1

.

1

1

Lebanon

.

.

.

1

.

1

1

.

1

Luxembourg

.

1

1

.

.

.

.

1

1

Madagascar

.

1

1

.

.

.

.

1

1

Mexico

.

4

4

1

1

2

1

5

6

Moldova

.

2

2

6

28

34

6

30

36

Morocco

6

4

10

3

4

7

9

8

17

Netherlands

.

.

.

1

1

2

1

1

2

Nigeria

.

2

2

.

3

3

.

5

5

Norway

.

1

1

.

.

.

.

1

1

Panama

1

.

1

.

.

.

1

.

1

Peru

.

2

2

.

2

2

.

4

4

Philippines

.

.

.

.

1

1

.

1

1

Poland

4

20

24

7

13

20

11

33

44

Portugal

.

2

2

.

.

.

.

2

2

Romania

10

64

74

25

78

103

35

142

177

Russian Federation

1

16

17

1

17

18

2

33

35

Senegal

1

.

1

.

.

.

1

.

1

Slovakia

1

7

8

1

1

2

2

8

10

Slovenia

.

1

1

.

.

.

.

1

1

Spain

.

2

2

.

.

.

.

2

2

Sweden

1

2

3

.

.

.

1

2

3

Switzerland

.

.

.

.

1

1

.

1

1

Thailand

.

1

1

.

.

.

.

1

1

The former Yugoslav Republic of Macedonia

1

.

1

.

2

2

1

2

3

Tunisia

2

1

3

1

1

2

3

2

5

Turkey

2

.

2

1

1

2

3

1

4

Ukraine

4

33

37

4

162

166

8

195

203

United Kingdom of Great Britain and Northern Ireland

2

2

4

2

1

3

4

3

7

United States of America

14

5

19

.

.

.

14

5

19

Viet Nam

2

3

5

.

.

.

2

3

5

Zambia

.

.

.

1

.

1

1

.

1

Others

.

.

.

1

.

1

1

.

1

Total

15.120

15.667

30.787

528

733

1.261

15.648

16.400

32.048

21. San Marino Authorities are committed to promoting and raising awareness about the doctrine of human rights in university and training.

The University of San Marino, established with Law no. 127 of 31 October 1985 is organised in six departments (Training, Communication, Economy and Technology, Law Studies, Biomedical studies, Historical Studies) and organises degree courses, master courses, doctorates, specialisation courses.

The Department of Training has organised courses addressed to San Marino teachers of all school grades for initial training as well as annual refresher courses on Education on Human Rights. In the framework of such courses the major international instruments on human rights are analysed with specific reference to the ECHR and the awareness raising campaigns launched by the Council of Europe.

Within its territory, San Marino has not established any degree courses in law. San Marino students in law as well as in other fields attend the Italian Universities. As far as post-graduate courses are concerned, the Department of Legal Studies offers educational activities and organises projects for the development the dissemination of legal studies. In particular, the Specialization School in San Marino Law, organised in cooperation with the Faculty of Law of the University of Bologna and the University of Urbino, offers the participants a specific legal training in all sectors of San Marino Constitutional Order, providing the educational instruments and the necessary methods to apply the relevant regulations also in relation to other constitutional orders. The requirements to take part in the public competition include in-depth knowledge of the ECHR and the Court Jurisprudence. The School offers a cycle of lectures including teaching jurisprudence on human rights as an interdisciplinary matter in legal studies and as compulsory matter in the framework of international law and constitutional law.

As far as vocational training is concerned, the State examination for lawyers, notaries and accountants requires proficiency in public law, the ECHR and the Court Jurisprudence: this is particularly important for law professional who must thoroughly know the doctrine of fundamental rights and freedoms. In this regard, a seminar entitled “The Right to a Fair Trial: Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms” was held in San Marino in January 2007 in the framework of the initiatives taken during the San Marino Chairmanship of the Committee of Ministers of the Council of Europe.

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