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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/8/Add.46 17 March 2003 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1993
SAN MARINO
GE.03-40784 (E) 150403
Introduction
I. GENERAL INFORMATION
CRC/C/8/Add.46
page 3
II. GENERAL IMPLEMENTATION MEASURES (arts. 4, 42, 44.6)
III. DEFINITION OF THE CHILD
Article 1
IV. GENERAL PRINCIPLES
Article 2
Non-discrimination
Article 3
Best interests of the child
Article 6
Right to life, survival and development
Table 2. Part-time workers - as of 31 December 2000
Part-time workers
|
Total workers
|
%
|
|||||||||
Residents
|
Stayers
|
Commuters
|
Total
|
||||||||
|
F
|
MF
|
F
|
MF
|
F
|
M
|
F
|
MF
|
|||
Agriculture
|
3
|
1
|
1
|
|
|
|
3
|
1
|
4
|
32
|
12.5
|
Manufacturing
|
260
|
240
|
11
|
7
|
14
|
10
|
28
|
257
|
285
|
5 822
|
4.9
|
Building, installations
|
44
|
29
|
4
|
3
|
|
|
16
|
32
|
48
|
1 313
|
3.7
|
Trade
|
316
|
268
|
19
|
15
|
6
|
5
|
53
|
288
|
341
|
2 375
|
|
Transport and
communications
|
22
|
16
|
2
|
2
|
|
|
6
|
18
|
24
|
341
|
7.0
|
Credit and insurance
|
19
|
17
|
1
|
1
|
|
|
2
|
18
|
20
|
563
|
3.6
|
Services and social activities
|
239
|
211
|
15
|
12
|
62
|
57
|
36
|
280
|
316
|
1 464
|
21.6
|
Public sector - social security
|
58
|
57
|
|
|
|
|
1
|
57
|
58
|
3 228
|
1.8
|
State companies
|
11
|
11
|
|
|
|
|
|
11
|
11
|
927
|
1.2
|
Total
|
972
|
850
|
53
|
40
|
82
|
72
|
145
|
962
|
1 107
|
16 065
|
6.9
|
Level of qualification
|
Part-time workers
|
Total workers
|
%
|
||||||||
Residents
|
Stayers
|
Commuters
|
Total
|
||||||||
MF
|
F
|
MF
|
F
|
MF
|
F
|
M
|
F
|
MF
|
|||
Employees:
|
|
|
|
|
|
|
|
|
|
|
|
Directors
|
1
|
|
|
|
|
|
1
|
|
1
|
239
|
0.4
|
1st category
|
44
|
32
|
1
|
|
1
|
1
|
13
|
33
|
46
|
1 868
|
2.5
|
2nd category
|
173
|
157
|
6
|
4
|
2
|
2
|
18
|
163
|
181
|
2 327
|
7.8
|
Other categories
|
236
|
210
|
19
|
14
|
1
|
1
|
31
|
225
|
256
|
2 626
|
9.7
|
Intermediate workers:
|
3
|
|
|
|
|
|
3
|
|
|
420
|
0.7
|
skilled
|
67
|
55
|
2
|
1
|
|
|
13
|
56
|
69
|
3 807
|
1.8
|
semi-skilled
|
200
|
183
|
4
|
2
|
25
|
20
|
24
|
205
|
229
|
2 831
|
8.1
|
unskilled
|
246
|
211
|
21
|
19
|
53
|
48
|
42
|
278
|
320
|
1 926
|
16.6
|
Apprentices
|
2
|
2
|
|
|
|
|
|
2
|
2
|
19
|
10.5
|
Shop assistants and other
|
|
|
|
|
|
|
|
|
|
2
|
|
Total
|
972
|
850
|
53
|
40
|
82
|
72
|
145
|
962
|
1 107
|
16 065
|
6.9
|
Total as of 31 December 1996
|
527
|
488
|
|
|
|
|
43
|
526
|
569
|
13 347
|
4.3
|
Total as of 31 December 1997
|
562
|
523
|
10
|
5
|
42
|
42
|
44
|
570
|
614
|
13 884
|
4.4
|
Total as of 31 December 1998
|
587
|
543
|
18
|
12
|
33
|
33
|
50
|
588
|
638
|
14 639
|
4.4
|
Total as of 31 December 1999
|
79
|
78
|
|
|
|
|
1
|
78
|
79
|
15 430
|
0.5
|
Article 12
Respect for the views of the child
V. CIVIL RIGHTS AND FREEDOMS
Article 7
The right to a name and a nationality
mother, or children born of a foreign father and of a San Marino mother,
provided that, within 12 months from the attainment of majority
age they
declare their intention to maintain the citizenship of the father or that of the
mother, respectively, are San Marino citizens
by origin. Also, children born of
a San Marino parent, the other parent being unknown or stateless, children
adopted by a San Marino
citizen and children born on the territory of the
Republic, both parents being unknown or stateless, are San Marino citizens by
origin.
If the informant does not give any name to
the child, this shall be given by the Registrar within 10 days of birth. The
Registrar
shall also give a name and a surname to children of unknown
parents.
Article 8
Respect for the child’s
identity
Legitimate filiation
Natural filiation
Article 13
Freedom of expression
Article 17
Access to appropriate information
Article 14
Freedom of thought, conscience and religion
Article 15
Freedom of association and peaceful assembly
Article 16
Protection of privacy
Article 37
The right not to be subjected to torture or other cruel,
inhuman or degrading
treatment or punishment
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Article 5
Rights and duties of parents
Article 18
Parental responsibilities
Parental authority
Loss of parental authority
Article 9
Separation from parents
(a) Section VII of the Law deals with the
“custody of children”. While recognizing the right of the minor to
be brought
up within his/her family, the Law also considers situations in which
children are deprived of a suitable family environment. In
this case, the Law
provides for the child’s placement in another family, possibly with minor
children, or with a single person,
or in a family-like institution able to
ensure the care, upbringing and education of the minor (art. 58). Custody
is decided by
the judge after having received the consent of both parents, or of
the parent exercising parental authority, or of the curator, and
after having
heard the Minor Service. Failing the parents’ consent, the judge shall
decide in the best interests of the child.
The judge shall be kept informed on
the custody by the Minor Service, which has the responsibility for monitoring
any case of placement
(art. 59). Placement terminates when the conditions which
made it necessary no longer exist or when placement proves to be detrimental
to
the minor;
(b) San Marino law also provides for the separation of a
child from one of the parents in case of legal separation of the couple.
Article 112 of Law No. 49/86 lays down that in pronouncing or confirming a
separation order, the judge shall award the custody of
the children to one of
the parents, exclusively on the basis of the children’s moral and material
interests. The parent who
does not have custody has the duty to contribute to
the children’s support.
Fulfilment of child-rearing obligations
Table 5. Record of legal separationsa
Year
|
1996
2000 |
|||||
1996
|
1997
|
1998
|
1999
|
2000
|
||
In total
|
39
|
55
|
48
|
63
|
45
|
250
|
Duration of cohabitation:
|
|
|
|
|
|
|
less than 1 year
|
1
|
1
|
|
2
|
|
4
|
1-3 years
|
4
|
6
|
12
|
10
|
8
|
40
|
4-6 years
|
11
|
7
|
5
|
13
|
15
|
51
|
7-9 years
|
5
|
4
|
9
|
8
|
2
|
28
|
10-19 years
|
9
|
23
|
10
|
14
|
12
|
68
|
20-29 years
|
4
|
12
|
10
|
11
|
6
|
43
|
over 30 years
|
5
|
2
|
2
|
5
|
2
|
16
|
Rite of celebration of marriage: |
|
|
|
|
|
|
religious
|
27
|
41
|
33
|
45
|
33
|
179
|
civil
|
12
|
12
|
14
|
18
|
12
|
68
|
other
|
|
2
|
1
|
|
|
3
|
Place of celebration of marriage: |
|
|
|
|
|
|
San Marino
|
33
|
35
|
34
|
46
|
31
|
179
|
Italy
|
6
|
18
|
13
|
15
|
14
|
66
|
other place
|
|
2
|
1
|
2
|
|
5
|
Age at marriage: |
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
less than 20
|
7
|
15
|
7
|
6
|
3
|
38
|
20-24
|
17
|
29
|
18
|
32
|
22
|
118
|
25-29
|
10
|
8
|
15
|
20
|
14
|
67
|
30-39
|
4
|
3
|
5
|
4
|
5
|
21
|
40-49
|
1
|
|
2
|
1
|
1
|
5
|
over 50
|
|
|
1
|
|
|
1
|
husband |
|
|
|
|
|
|
less than 20
|
1
|
6
|
|
2
|
|
9
|
20-24
|
12
|
24
|
15
|
18
|
8
|
77
|
25-29
|
16
|
20
|
18
|
27
|
21
|
102
|
30-39
|
9
|
5
|
12
|
14
|
15
|
55
|
40-49
|
1
|
|
2
|
|
1
|
4
|
over 50
|
|
|
1
|
2
|
|
3
|
Age at separation: |
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
less than 20
|
|
|
|
|
|
|
20-24
|
4
|
4
|
1
|
3
|
|
12
|
25-29
|
8
|
8
|
11
|
9
|
8
|
44
|
30-39
|
16
|
28
|
18
|
33
|
26
|
121
|
40-49
|
6
|
11
|
13
|
9
|
8
|
47
|
over 50
|
5
|
4
|
5
|
9
|
3
|
26
|
Table 5 (continued)
Year
|
1996
2000 |
|||||
1996
|
1997
|
1998
|
1999
|
2000
|
||
In total
|
39
|
55
|
48
|
63
|
45
|
250
|
husband
|
|
|
|
|
|
|
less than 20
|
|
|
|
|
|
|
20-24
|
1
|
1
|
|
|
|
2
|
25-29
|
6
|
6
|
5
|
7
|
2
|
26
|
30-39
|
15
|
28
|
19
|
32
|
26
|
120
|
40-49
|
10
|
12
|
14
|
11
|
11
|
58
|
over 50
|
7
|
8
|
10
|
13
|
6
|
44
|
Separations with minor children |
22 |
29 |
22 |
28 |
25 |
126 |
Total of minor children involved |
25 |
41 |
28 |
36 |
31 |
161 |
By age:
|
|
|
|
|
|
|
0-2 years
|
3
|
2
|
2
|
4
|
3
|
14
|
3-4 years
|
5
|
4
|
5
|
7
|
7
|
28
|
5-9 years
|
7
|
13
|
9
|
11
|
11
|
51
|
10-14 years
|
7
|
17
|
9
|
7
|
6
|
46
|
15-17 years
|
3
|
5
|
3
|
7
|
4
|
22
|
Custody awarded to:
|
|
|
|
|
|
|
father
|
1
|
3
|
|
3
|
|
7
|
mother
|
24
|
36
|
28
|
31
|
30
|
149
|
both
|
|
2
|
|
2
|
1
|
5
|
Education level:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
elementary
|
7
|
4
|
5
|
4
|
2
|
22
|
junior high-school
|
18
|
24
|
18
|
22
|
17
|
99
|
high-school
|
13
|
24
|
23
|
30
|
20
|
110
|
university
|
1
|
3
|
2
|
7
|
6
|
19
|
husband
|
|
|
|
|
|
|
elementary
|
6
|
9
|
5
|
8
|
6
|
34
|
junior high-school
|
26
|
29
|
24
|
35
|
23
|
137
|
high-school
|
5
|
12
|
16
|
18
|
11
|
62
|
university
|
2
|
5
|
3
|
2
|
5
|
17
|
Occupation:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
agriculture
|
|
|
|
1
|
|
1
|
self-employed
|
2
|
9
|
6
|
5
|
7
|
29
|
employee
|
25
|
40
|
34
|
44
|
30
|
173
|
housewife
|
6
|
4
|
5
|
7
|
6
|
28
|
retired
|
3
|
|
|
|
|
3
|
other or none
|
3
|
2
|
3
|
6
|
2
|
16
|
Table 5 (continued)
Year
|
1996
2000 |
|||||
1996
|
1997
|
1998
|
1999
|
2000
|
||
In total
|
39
|
55
|
48
|
63
|
45
|
250
|
husband
|
|
|
|
|
|
|
agriculture
|
|
2
|
|
|
|
2
|
self-employed
|
11
|
7
|
10
|
10
|
8
|
46
|
employee
|
25
|
42
|
31
|
35
|
29
|
162
|
retired
|
2
|
2
|
|
4
|
1
|
9
|
other or none
|
1
|
2
|
7
|
14
|
7
|
31
|
Nationality:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
by origin or naturalized
|
21
|
29
|
23
|
36
|
20
|
129
|
acquired through marriage
|
16
|
22
|
22
|
19
|
21
|
100
|
Italian
|
2
|
2
|
3
|
7
|
3
|
17
|
other
|
|
2
|
|
1
|
1
|
4
|
husband
|
|
|
|
|
|
|
by origin or naturalized
|
33
|
37
|
35
|
43
|
33
|
181
|
Italian
|
5
|
17
|
11
|
19
|
12
|
64
|
other
|
1
|
1
|
2
|
1
|
|
5
|
a At least one of the spouses is a San Marino citizen
or resident.
Table 6. Record of divorcesa
Year
|
1996
2000 |
|||||
1996
|
1997
|
1998
|
1999
|
2000
|
||
In total
|
42
|
34
|
36
|
51
|
38
|
201
|
Duration of cohabitation:
|
|
|
|
|
|
|
less than 1 yearb
|
1
|
|
3
|
|
1
|
5
|
1-3 years
|
8
|
6
|
3
|
6
|
7
|
30
|
4-6 years
|
11
|
9
|
2
|
7
|
9
|
38
|
7-9 years
|
3
|
6
|
5
|
11
|
3
|
28
|
10-19 years
|
13
|
10
|
13
|
15
|
11
|
62
|
20-29 years
|
6
|
1
|
7
|
9
|
5
|
28
|
over 30 years
|
|
2
|
3
|
3
|
2
|
28
|
Rite of celebration of marriage:
|
|
|
|
|
|
|
religious
|
33
|
25
|
28
|
37
|
32
|
155
|
civil
|
9
|
6
|
7
|
11
|
6
|
39
|
other
|
|
3
|
1
|
3
|
|
7
|
Place of celebration of marriage:
|
|
|
|
|
|
|
San Marino
|
27
|
20
|
22
|
33
|
26
|
128
|
Italy
|
12
|
11
|
4
|
17
|
12
|
56
|
other place
|
3
|
3
|
2
|
1
|
|
9
|
Table 6 (continued)
Year
|
1996
2000 |
|||||
1996
|
1997
|
1998
|
1999
|
2000
|
||
In total
|
42
|
34
|
36
|
51
|
38
|
201
|
Age at marriage:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
less than 20
|
9
|
8
|
14
|
9
|
9
|
49
|
20-24
|
22
|
19
|
17
|
32
|
18
|
108
|
25-29
|
9
|
5
|
4
|
7
|
9
|
34
|
30-39
|
2
|
2
|
1
|
2
|
1
|
8
|
40-49
|
|
|
|
1
|
1
|
2
|
over 50
|
|
|
|
|
|
|
husband
|
|
|
|
|
|
|
less than 20
|
1
|
|
4
|
3
|
2
|
10
|
20-24
|
14
|
17
|
22
|
24
|
14
|
91
|
25-29
|
23
|
11
|
7
|
20
|
17
|
78
|
30-39
|
4
|
6
|
3
|
2
|
4
|
19
|
40-49
|
|
|
|
2
|
|
2
|
over 50
|
|
|
|
|
1
|
1
|
Age at separation or divorce abroad:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
less than 20
|
|
|
|
|
|
|
20-24
|
2
|
2
|
3
|
4
|
3
|
14
|
25-29
|
14
|
12
|
9
|
9
|
9
|
53
|
30-39
|
18
|
16
|
13
|
26
|
18
|
91
|
40-49
|
8
|
3
|
7
|
7
|
6
|
31
|
over 50
|
|
1
|
4
|
5
|
2
|
12
|
husband
|
|
|
|
|
|
|
less than 20
|
|
|
|
|
|
|
20-24
|
|
1
|
3
|
1
|
2
|
7
|
25-29
|
7
|
5
|
4
|
11
|
4
|
31
|
30-39
|
26
|
21
|
16
|
22
|
22
|
107
|
40-49
|
6
|
4
|
9
|
9
|
3
|
31
|
over 50
|
3
|
3
|
4
|
8
|
7
|
25
|
Divorces with minor children
|
10
|
17
|
14
|
20
|
12
|
73
|
Total of minor children involved
|
11
|
19
|
14
|
23
|
12
|
79
|
by age:
|
|
|
|
|
|
|
0-2 years
|
|
|
|
|
|
|
3-4 years
|
1
|
|
|
1
|
1
|
3
|
5-9 years
|
3
|
6
|
5
|
7
|
4
|
25
|
10-14 years
|
6
|
8
|
5
|
9
|
5
|
33
|
15-17 years
|
1
|
5
|
4
|
6
|
2
|
18
|
Table 6 (continued)
Year
|
1996
2000 |
|||||
1996
|
1997
|
1998
|
1999
|
2000
|
||
In total
|
42
|
34
|
36
|
51
|
38
|
201
|
Custody awarded to:
|
|
|
|
|
|
|
father
|
|
2
|
|
|
2
|
4
|
mother
|
11
|
17
|
14
|
23
|
10
|
75
|
both
|
|
|
|
|
|
|
Educational level:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
elementary
|
|
3
|
3
|
10
|
8
|
24
|
junior high-school
|
15
|
14
|
17
|
21
|
17
|
84
|
high-school
|
22
|
14
|
15
|
15
|
11
|
77
|
university
|
5
|
3
|
1
|
5
|
2
|
16
|
husband
|
|
|
|
|
|
|
elementary
|
3
|
5
|
9
|
8
|
7
|
32
|
junior high-school
|
19
|
17
|
20
|
26
|
19
|
101
|
high-school
|
14
|
11
|
6
|
13
|
11
|
55
|
university
|
4
|
1
|
1
|
4
|
1
|
11
|
Occupation:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
agriculture
|
|
|
|
|
|
|
self-employed
|
2
|
4
|
1
|
2
|
5
|
14
|
employee
|
38
|
22
|
25
|
32
|
27
|
144
|
housewife
|
1
|
4
|
4
|
5
|
5
|
19
|
retired
|
|
1
|
3
|
3
|
1
|
8
|
other or none
|
1
|
3
|
3
|
9
|
|
16
|
husband
|
|
|
|
|
|
|
agriculture
|
|
|
|
|
|
|
self-employed
|
9
|
3
|
4
|
10
|
7
|
33
|
employee
|
32
|
24
|
24
|
26
|
22
|
128
|
retired
|
|
1
|
1
|
3
|
2
|
7
|
other or none
|
1
|
6
|
7
|
12
|
7
|
33
|
Nationality:
|
|
|
|
|
|
|
wife
|
|
|
|
|
|
|
by origin or naturalized
|
21
|
17
|
20
|
39
|
23
|
120
|
acquired through marriage
|
18
|
16
|
14
|
14
|
14
|
76
|
Italian
|
3
|
1
|
1
|
7
|
1
|
13
|
other
|
|
|
1
|
1
|
1
|
3
|
husband
|
|
|
|
|
|
|
by origin or naturalized
|
33
|
31
|
32
|
32
|
28
|
156
|
Italian
|
8
|
2
|
4
|
18
|
10
|
42
|
other
|
1
|
1
|
|
1
|
|
3
|
a At least one of the spouses is a San Marino citizen or
resident.
b From marriage to separation or foreign
sentence of divorce.
Article 20
Children deprived of a family environment
Article 21
Adoption
− to have attained 25 years of age;
− to have the capacity for the upbringing, maintenance and education of children;
− to be at least 18 years older than the adopted child and not to be over 45.
All applications for adoption must be submitted to the
Law Commissioner.
Article 11
Illicit transfer of children
Articles 19 and 39
Abuse and neglect, including psychological recovery and social reintegration
VII. BASIC HEALTH AND WELFARE
Article 6
Survival and development
(a) Centre for Psychomotor Education.
This Centre provides day assistance to minors who, because of severe
psycho-physical handicaps,
cannot attend school or perform any job and need
regular rehabilitation, such as physiotherapy, speech therapy and special
tuition.
Various degrees of rehabilitation, ranging from simple measures to
total assistance, are put in place according to the minor’s
special needs.
People with severe disabilities may live in the Centre on a regular
basis;
(b) Casa Famiglia. This facility hosts minors whose development
and education needs cannot be met by their families, as well as
children without
a family at all. Minors live in this institute and attend ordinary schools
until they reach majority;
(c) Assistance at home. Such assistance is
provided in all cases where difficult relations exist between children and
parents or
between them and their social context, with the aim of monitoring how
they respond to educational and therapeutic measures;
(d) Counselling in ordinary schools. Counselling is provided by teachers in
all schools of all grades, in all cases reported by
teachers, the family doctor
or the family itself, in order to jointly establish what measure is most
suitable to promote the harmonious
psycho-social development of the child.
Assistance, including to handicapped children, is ensured, moreover, in
day-nurseries for
children up to the age of 3 and in kindergartens for children
aged 3-6.
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(a) “Infancy cycle”. It lasts three
years and starts at the age of 3. During this period children attend a
kindergarten;
(b) “Primary cycle”. It lasts five years and
starts at the age of 6. Children attend elementary
school;
(c) “Secondary cycle”. It lasts eight years.
Children attend first junior high school (three years) and then high school
(five years).
(a) Continuity in education and tuition methods.
This principle aims at securing the interrelation between the various cycles and
at implementing a common education project for each pupil;
(b) Guidance,
understood as developing the children’s ability to make choices and
decisions with regard to a course of study,
university or
job;
(c) Teaching autonomy;
(d) Full exploitation of
teachers’ capabilities;
(e) Enhancement of compulsory schooling;
(f) Appraisal of the school
system.
991 children in kindergartens;
1,297 pupils in elementary schools; the average number of pupils per teacher
is 5.4. In the Republic there are 14 elementary schools;
729 pupils in junior high schools; there are three junior high schools,
having 18 classes each. The average number of pupils per
teacher is
5.2.
− Classical lyceum;
− Modern language lyceum;
− Scientific lyceum;
− Technical school (only the first two years);
− Vocational Training Centre.
Indeed, because of the higher
birth rate (1.11 per cent) the number of pupils enrolled in kindergartens and
elementary schools increased
by 16.0 per cent and 10.8 per cent respectively,
while the number of pupils in junior high school fell by 3.3 per cent.
IX. SPECIAL MEASURES OF PROTECTION
Articles 22 and 38
Refugee children and children in armed conflict
Article 40
Rights of children accused of having infringed the penal law
Article 32
Economic exploitation of minors
Article 34
Sexual exploitation and abuse
Other forms of exploitation
Article 35
Abduction of, sale of or traffic in children
Article 33
Drug abuse
-----
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