|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
San Marino does not have any specific national education law that mentions sexual orientation, gender identity and expression, or variations in sex characteristics. In 2014, the government passed a Law to protect the education of children with special needs(law n. 142 of 2014). The law covers only the following conditions: dyslexia, dysorthography, dysgraphia, dyscalculia, language disorder, developmental coordination disorder, attention disorder, and attention deficit hyperactivity disorder (Article 1). The purpose of the law is to ensure that children affected by these conditions are given the opportunity to study while respecting their identity by, inter alia, ensuring equal opportunities, guaranteeing a proper education of the responsible teachers on their conditions, applying adequate educational techniques, adapting the curricula to the individual student where necessary, and reduce potential issues they may face in school (Article 2 and 4). Article 9 of the law set up the technical committee for school inclusion (Commissione Tecnica per l’Inclusione Scolastica), responsible for putting in place the necessary education paths and monitoring and evaluating them.
More generally, law n. 21 of 1998 on general education norms includes some statements on non-discrimination and inclusion of all learners. That said, it only specifically mentions students with disabilities. Article 1 states that schools should respect the right to an education without discrimination of any kind and in the respect of the freedom and identity of each individual. Article 2 provides that students bearing disability have the right to develop their potential in full, benefitting from tailored educational curricula.
In sum, there is no specific national education law that mentions LGBTQI persons. The general norms on education mention that the right to education means that each learner must be free from discrimination and that individual freedom and identity are respected. For the moment, though, the legislator seems to have applied this broad principle only to cover specific physical conditions, while leaving issues facing LGBTQI students unregulated.
On 20 March 2017, “Grand and General Council”, San Marino’s parliament, passed unanimously an anti-bullying and anti-cyber-bullying action plan. The action plan requires the Congresso di Stato, the governmental branch, to liaise with the stakeholders, namely schools and other relevant authorities to promote studies to provide data on bullying and cyber-bullying activities in San Marino; raise awareness on these issues; realise a common project between the schools and health services institutions to include educational programmes to cover these issues; and to report on the activities listed above by 31 December 2017. It would thus seem like an opportune moment to liaise with the relevant authorities to raise awareness on LGBTQI issues in schools.
It is not compulsory for education curricula to include content on sexual orientation, gender identity and expression or variations in sex characteristics.
There is currently no mandatory teacher training on LGBTQI awareness.
There are no clear legal or administrative proceedings to change name or gender marker.
In the preamble to the action plan, the Grand and General Council mentions that there is currently no national data available which would allow parliament to adequately respond (even with legislative actions) to the issue. This is why one of the action items of the plan is to run a study to understand and monitor potential bullying and cyber-bullying activities in San Marino.
The Technical Committee for School Inclusion (Commissione Tecnica per l’Inclusione Scolastica) set up under Article 9 of law 142/2014 is responsible for putting in place the necessary education paths, monitoring and evaluating measures for learners with special needs (special needs as defined in Article 1 of the law).
Teachers are legally obliged to take care of the mental and physical well-being of the students, but there is no specific training. Psychological support systems (school psychologist, school social worker, etc.) might have specific services, but there is no regulation on how to support students who have faced discrimination on grounds of their sexual orientation, gender identity and expression, or variations in sex characteristics.
There is no available data regarding information for LGBTQI learners or guidance for the education sector on how to address bullying and harassment against LGBTQI students.
There is no available data regarding partnerships with LGBTQI civil society organisations working in the area of education.
– San Marino has not signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– San Marino is not a member of the European Governmental LGBTI Focal Points Network.