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Title:  San Marino Human Rights Practices, 1995   
Author:  U.S. Department of State    
Date:  March 1996    



	SAN MARINO


San Marino is a democratic, multiparty republic.  The popularly elected 
Parliament (the Great and General Council--GGC) selects two of its 
members to serve as the Captains Regent (Co-Heads of State).  They 
preside over meetings of the GGC and of the Cabinet (Congress of State), 
which has 10 other members, all also selected by the GGC.  Assisting the 
Captains Regent are three Secretaries of State (Foreign Affairs, 
Internal Affairs, and Finance) and several additional secretaries.  The 
Secretary of State for Foreign Affairs has come to assume many of the 
prerogatives of a prime minister.

Elected officials effectively control the centralized police 
organization (the Civil Police) and the two military corps (the 
Gendarmerie and the "Guardie di Rocca").

The principal economic activities are tourism, farming, light 
manufacturing, and banking.  In addition to revenue from taxes and 
customs, the Government derives much of its revenue from the sale of 
coins and postage stamps to collectors throughout the world and from an 
annual budget subsidy provided by the Italian Government under the terms 
of the Republic's Basic Treaty with Italy.

The Legal Code extensively provides for human rights, and the 
authorities respect its provisions.  Although the Parliament and the 
Government have demonstrated strong commitment to the protection of 
human rights, some laws discriminate against women, particularly with 
regard to the transmission of citizenship.

RESPECT FOR HUMAN RIGHTS

Section 1	Respect for the Integrity of the Person, Including Freedom 
from:

	a.	Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings.

	b.	Disappearance

There were no reports of politically motivated disappearances.

	c.	Torture and Other Cruel, Inhuman, or Degrading  Treatment or 
Punishment

The law prohibits such practices, and there were no reports that 
officials employed them.

Prison conditions meet minimum international standards, and the 
Government permits visits by human rights monitors.


	d.	Arbitrary Arrest, Detention, or Exile

The law prohibits arbitrary arrests, detention, or exile, and the 
Government observes these prohibitions.

	e.	Denial of Fair Public Trial

The law provides for an independent judiciary, and the Government 
respects this provision in practice.  The judicial system delegates some 
of its authority to Italian magistrates, both in criminal and in civil 
cases.  Cases of minor importance are handled by a local conciliation 
judge.  Appeals go, in the first instance, to an Italian judge residing 
in Italy.  The final court of review is San Marino's Council of Twelve, 
a group of judges chosen for 6-year terms (four replaced every 2 years) 
from among the members of the GGC.

The judiciary provides citizens with a fair and efficient process.

There were no reports of political prisoners.

	f.	Arbitrary Interference with Privacy, Family, Home, or 
Correspondence

The law prohibits such practices.  Government authorities respect these 
prohibitions, and violations are subject to effective legal sanction.

Section 2	Respect for Civil Liberties, Including:

	a.	Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the 
Government respects these rights in practice.  An independent press, an 
effective judiciary, and a functioning democratic political system 
combine to insure freedom of speech and of the press, including academic 
freedom.

	b.	Freedom of Peaceful Assembly and Association

The law provides for these rights, and the Government respects them in 
practice.

	c.	Freedom of Religion

The law provides for freedom of religion, and the Government respects 
this right in practice.

 	d.	Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation

The law provides for these rights, and the Government respects them in 
practice.  Although San Marino does not formally offer asylum to 
refugees, it has given a few individuals de facto asylum by permitting 
them to reside and work in San Marino.  Refugees and other foreigners 
are eligible to apply for citizenship only after 30 years of residence.

Section 3	Respect for Political Rights:  The Right of Citizens to 
Change Their Government

The Constitution provides citizens with the right to peacefully change 
their government, and citizens exercise this right in practice through 
periodic, free, and fair elections held on the basis of universal 
suffrage.

Women gained the right to vote in the early 1960's and voted in national 
elections for the first time in 1964.  There have been no impediments to 
women participating in government or politics since the passage of a 
1973 law eliminating all restrictions.  In 1974 the first woman was 
elected to the GGC.  Since then, women have served on the Council as 
Secretary of State for Internal Affairs and as Captain Regent.  All 
women's branches of the political parties have been integrated into the 
mainstream party organizations, and women hold important positions in 
the various parties.

Section 4	Governmental Attitude Regarding International and 
Nongovernmental Investigation of Alleged Violations of Human Rights

There are no domestic human rights organizations, although the 
Government imposes no impediments to the formation of such 
organizations.  The Government has declared itself open to outsiders' 
investigations of alleged abuses.  There have been no known requests of 
such a nature.

Section 5	Discrimination Based on Race, Sex, Religion, Disability, 
Language, or Social Status

The law prohibits discrimination based on race, religion, disability, 
language, or social status, and the authorities respect these 
provisions.  The law also prohibits some forms of discrimination based 
on sex, but there remain vestiges of legal as well as societal 
discrimination against women.

	Women

The law provides for protection of women from violence, and occurrences 
of such violence, including spousal abuse, are unusual.

 Several laws provide specifically for equality of women in the 
workplace and elsewhere.  In practice there is no discrimination in pay 
or working conditions.  All careers are open to women, including careers 
in the military and police as well as the highest public offices.

However, there is a law that discriminates against women in stipulating 
that a woman who marries a foreigner cannot transmit citizenship to her 
husband or children, but that a man who marries a foreigner can do so to 
both spouse and children.

	Children

The Government demonstrates its commitment to children's rights and 
welfare through its well funded systems of public education and medical 
care.  There is no difference in the treatment of girls and boys in 
educational or health care, nor is there any pattern of societal abuse 
directed against children.

	People With Disabilities

There is no discrimination against disabled persons in employment, 
education, or in the provision of other state services.  A 1992 law 
established guidelines for easier access to public buildings, but 
implementation of this has not yet reached all buildings.

Section 6	Worker Rights

	a.	The Right of Association

By law, all workers (except the military, but including police) are free 
to form and join unions.  A 1961 law sets the conditions for 
establishment of a union.  The unions may freely form domestic 
federations or join international labor federations.

Union members constitute about half of the country's work force (which 
numbers about 10,000 San Marinese plus 2,000 Italians, from the 
country's total population of about 24,000).

Trade unions are independent of the Government and the political 
parties, but they have close informal ties with the parties, which 
exercise strong influence on them.

Workers in all nonmilitary occupations have the right to strike.  No 
strikes have occurred in at least the last 6 years.

	b.	The Right to Organize and Bargain Collectively

The law gives collective bargaining agreements the force of law and 
prohibits antiunion discrimination by employers.  Effective mechanisms 
exist to resolve complaints.  Negotiations are  freely conducted, often 
in the presence of government officials (usually from the Labor and 
Industry Departments) by invitation from both the unions and the 
employers' association.  For the last several years, all complaints have 
been resolved amicably by a "conciliatory committee" composed of judges 
and government officials.

There are no export processing zones.

	c.	Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor and is enforced.

	d.	Minimum Age for Employment of Children

The minimum working age and compulsory education age is 16 years.  The 
Ministry of Labor and Cooperation permits no exceptions.  Most students 
continue in school until the age of 18.

	e.	Acceptable Conditions of Work

Since January 1, 1995, the legal minimum wage has been approximately 
$1,100 (1.8 million lira) per month.  This affords a decent living for a 
worker and family.  Wages are generally higher than the minimum.

The law sets the workweek at 36 hours in public administration and 37 
1/2 hours in industry and private business, with 24 hours of rest per 
week for workers in either category.

The law sets safety and health standards, and the judicial system 
monitors them.  Most workplaces implement the standards effectively, but 
there are some exceptions, notably in the construction industries. 
??



 

 



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	SAN MARINO




[end of document]

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