This update covers developments relating to the freedoms of expression, association and peaceful assembly from 1st November 2024 to 20th August 2025.
GENERAL
Human Rights Committee recommends decriminalising defamation
In January 2025, San Marino underwent a Universal Periodic Review. The report prepared for that occasion by the Department of Foreign Affairs indicated that no contributions from civil society were sent directly to the Department of Foreign Affairs in advance.
Defamation, insult and libel, offence to the honour or prestige of public officials or the Captains Regent, and contempt for the Republic and its emblems are criminal offences in the San Marino Criminal Code, punishable by imprisonment or a fine. In the light of the International Covenant on Civil and Political Rights and the Human Rights Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression, the Committee recommended “that San Marino consider decriminalizing the conduct provided for in articles 183 to 185, 342 and 344 of the Criminal Code and, in any case, restrict the application of criminal law to the most serious cases, bearing in mind that imprisonment was never an appropriate punishment in such cases”.
UNESCO observed that legislation on freedom of information did not currently exist in the country and thus encouraged the introduction of legislation and the establishment of an independent oversight institution with the capacity to implement it.
International observations on discrimination and violence against women
On 25th June 2025, the Committee on the Elimination of Discrimination against Women considered the first report of San Marino since joining the Convention. It noted progress in undertaking legislative reforms but also noted a limited knowledge and awareness of the Convention among judges, lawyers and the general public, particularly among women themselves. The Committee also expressed concern about the limited participation of civil society organisations throughout the review process and recommended to institutionalise mechanisms to ensure the meaningful and timely participation of civil society organisations in the reporting and follow-up processes under the Convention.
In February 2025, a delegation of the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) came to San Marino to monitor the implementation of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Among its conclusions is the recommendation to support and consult with civil society organisations involved in preventing and combating violence against women.
Still no National Human Rights Institute
The 2025 Rule of Law report by the European Network of National Human Rights Institutions observed no progress on the establishment of an NHRI in San Marino. In 2018, San Marino had informed the UN Human Rights Committee that it did not envisage the establishment of an Ombudsman or NHRI in the country, due to its small size and that the functions were performed by the Captains Regent of the Republic.
Progress on the Association Agreement with the European Union
In December 2023, the negotiations on an Agreement establishing an association between the European Union and the Republic of San Marino were concluded and a proposal for a Council decision was made in 2024.
On 14th July 2025, San Marino’s Great and General Council approved a resolution directing the Secretary of State for Foreign Affairs to continue advancing toward the signing and ratification of the Association Agreement with the European Union and to strengthen public communication efforts directed at citizens.
On 18th August 2025, a decree set the date for a public hearing to discuss the admissibility of a consultative referendum on the issue on 1st September 2025. A small committee – ‘I Capi Famiglia’ – has officially requested this advisory referendum.
EXPRESSION
Pressure on journalists
On 2nd January 2025, the Editorial Board of the public San Marino RTV issued a statement denouncing the increasing and frequent pressure and attempts by politicians to influence the work of journalists. According to them, representatives of the government or political parties demand changes to the editorial line of true and correctly written news reports, or their layout or presentation, and journalists oppose this.
Public service journalists are not press officers or spokespersons for political forces: they must be independent and adhere to precise rules. They are information professionals and, as such, must be respected
- Editorial Committee of the public San Marino RTV