San Marino

San Marino is a microstate encircled by Italy. Whilst the government does not collect statistics on religious demographics, the authorities report that the vast majority of the population is Roman Catholic. Other religious groups are reported to include, Jehovah’s Witnesses, Baha’is, Muslims, Jews, Orthodox Christians, and members of the Waldensian Church. It is estimated that 1.9% of the population is non-religious, and a further 5.6% agnostic.[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/san-marino/[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Preferential treatment is given to a religion or religion in general
Official symbolic deference to religion
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Constitution and government
Preferential treatment is given to a religion or religion in general
Official symbolic deference to religion
Education and children’s rights
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Family, community, society, religious courts and tribunals
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Freedom of expression advocacy of humanist values
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

San Marino has no state religion and enshrines and broadly respects non-discrimination principles. However, there is official deference to Catholic symbols, and blasphemy laws remain in place. The state is currently ruled by the Christian Democratic Party, a political force with close ties to the Catholic Church.[ref]https://www.theguardian.com/world/2021/sep/17/san-marinos-abortion-referendum-reveals-social-fissures[/ref]

The constitution and other legal instruments prohibit discrimination on the grounds of religion. These rights are largely respected. While San Marino has no state religion, Roman Catholicism is dominant, and crucifixes can often be found in government buildings, including offices, schools and courthouses.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/san-marino/[/ref]

A Concordat signed in 1992 between the government and the Holy See provides that Catholic chaplains deliver spiritual assistance to hospital patients, retirement home residents, and prison inmates.[ref]https://www.vatican.va/roman_curia/secretariat_state/archivio/documents/rc_seg-st_19920402_santa-sede-rep-s-marino_it.html[/ref] A fund established under the concordat in 1993, and drawn from citizens’ voluntary income tax allocations, supports the Catholic Church’s humanitarian, welfare, and social activities as well as the maintenance of religious sites.

The law has been extended as a mechanism through which taxpayers can choose to pay 0.3% of their income tax payments to any registered religious group, including the Catholic Church, or secular groups recognized as nonprofit organizations. Taxpayers need not be members of a group to earmark a contribution. Religious organizations must be legally recognized in the country to receive this benefit.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/san-marino/[/ref] In practice, the Catholic Church is the main beneficiary of this.

Education and children’s rights

According to the US State Department, “The law requires Catholic religious instruction in all public schools but guarantees the right of nonparticipation without penalty, and it provides for alternative ethics classes for students who opt out of Catholic instruction.”[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/san-marino/[/ref]

The Catholic curriculum reportedly includes comparisons between Christianity and other religions and between the Bible and other religious texts. The Catholic Church selects the religious education teachers, who may be religious or lay personnel, and the state pays their salaries.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/san-marino/[/ref]

Family, community and society

Humanists International has not received any reports of persecution of the non-religious.

Abortion

In September 2022, the government passed a law that legalizes abortion during the first 12 weeks of pregnancy. The Catholic Church reportedly strongly opposed the law, with the ruling Christian Democratic Party reportedly calling on the public to vote against legalizing abortion during a nationwide referendum on the subject.[ref]https://europe.ippf.org/stories/san-marino-legalizes-abortion-care-overturning-century-old-law-interview-womens-rights; https://www.state.gov/reports/2022-report-on-international-religious-freedom/san-marino/; https://www.theguardian.com/world/2021/sep/17/san-marinos-abortion-referendum-reveals-social-fissures; https://apnews.com/article/abortion-europe-health-religion-italy-f9a1c1c0e4f69156fb551f677f56bcfe[/ref]

The law obliges the state to identify doctors who are willing to provide abortions should local doctors exercise their right to conscientious objection; this may include bringing in doctors from abroad.[ref]https://europe.ippf.org/stories/san-marino-legalizes-abortion-care-overturning-century-old-law-interview-womens-rights[/ref] The Catholic Church reportedly particularly opposed this measure.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/san-marino/[/ref]

LGBTI+ rights

In 2019, 71.46% of the population voted to include sexual orientation among the protected characteristics included in the Constitution related to discrimination.[ref]https://www.euronews.com/2019/06/04/san-marino-bans-discrimination-based-on-sexual-orientation[/ref] However, to date the state only recognizes civil partnership, and it is illegal to change one’s gender.[ref]https://www.equaldex.com/region/san-marino[/ref]

Freedom of expression, advocacy of humanist values

‘Blasphemy’ law

San Marino still has blasphemy laws in place. They do not appear to be used but remain on statute.

The Penal Code under section 260 on “religious insult”, criminalizes “profaning” the symbols of a religion (as long as those symbols do not run contrary to public morality – which suggest a further discriminatory element in the law). The same section criminalizes “profaning” objects of worship or publicly mocking acts of worship, offenses to the honor and dignity of a minister, and “profaning” the sacred relics of San Marino. All are imprisonable offenses.[ref] legaldb.freemedia.at/legal-database/san-marino/[/ref]