A/HRC/14/9
own choosing had the right to a public defender. Public defenders were always available
and, in the event of an impediment, provided the name of another defender to perform
functions on their behalf. In both criminal and civil cases, whenever a party had insufficient
economic resources, the right to defence was recognized and guaranteed through free legal
assistance, which was also available in the second instance. A special commission, the
Council of Twelve, was mandated to handle requests for such assistance.
66.
In San Marino, nationality was regulated by the principle of ius sanguinis. Law No.
84 of 2004 had eliminated the unequal treatment accorded to children of San Marino
fathers, on the one hand, and children of San Marino mothers, on the other, as far as the
transmission of nationality was concerned. All San Marino women now transmitted their
citizenship to their children at birth. Under the same law, children with only one parent of
San Marino citizenship were required, within 12 months after reaching 18 years of age, to
sign a declaration that they intended to keep their San Marino citizenship, without having to
renounce their other citizenship(s).
67.
As far as citizenship by means of naturalization was concerned, it could be acquired
through an extraordinary law, provided that foreign citizens included in the population
registry at the time of the law’s adoption had been residing in San Marino for at least 30
consecutive years, or 15 years if married to a San Marino citizen. In that case, renunciation
of the citizenship of origin was required. Since 2000, the Parliament had been required to
take a decision on naturalization every 10 years.
68.
San Marino citizenship by means of naturalization was immediately acquired by a
minor, provided that both parents had become naturalized citizens. If San Marino
citizenship by means of naturalization had been acquired by only one parent and the other
parent had kept his or her foreign citizenship, San Marino citizenship was granted to the
minor when he or she had reached 18 years of age, provided that he or she resided in San
Marino.
69.
Finally, with regard to a general mobilization in the event of serious danger to the
security of the State, the head of the delegation indicated that there were five military corps
(two professional corps and three voluntary corps). The minimum recruitment age for all of
them was 18 years. In San Marino, there was neither a compulsory military service nor a
compulsory civil service. Article 3 of Law no. 15 of 1990, stipulating that San Marino
citizens from 16 to 60 years of age must serve in the military, should be read in the light of
article 4 of the same law, regulating the exceptional circumstances of the general
mobilization. That provision was still in force. However, a draft set of comprehensive
regulations for the military corps, which was still under discussion, would set the age limit
at 18. San Marino had never resorted to compulsory recruiting or a general mobilization,
even during the most serious crises.
II.
Conclusions and/or recommendations
70.
The recommendations formulated during the interactive dialogue and listed
below enjoy the support of San Marino:
1.
To ratify the Optional Protocol to the Convention on the Rights of the
Child on the Sale of Children, Child Prostitution and Child Pornography
(Slovenia, Spain, Morocco, Chile, Belarus);
2.
To ratify the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime (Palermo Protocol)
(Belarus);
11
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