Оговорки и заявления по Договору №:005 - Конвенция о защите прав человека и основных свобод

Характер декларации : Декларации, Расторжения, Отступления
По состоянию на 01/03/2021

Сан-Марино

Withdrawal of Derogation contained in a Note Verbale Ref 59080/2020 from the Ministry of Foreign Affairs of San Marino, dated 1 July 2020, registered at the Secretariat General on 7 July 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of San Marino presents its compliments to the Secretary General of the Council of Europe and, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as following up Note Verbale Ref. 39208 of 8 May 2020, has the honour to inform that the Government of the Republic of San Marino has adopted Decree-Law no. 108 of 30 June 2020 entitled "Final provisions relating to the COVID-19 emergency", declaring the termination of the COVID-19 emergency and of the previously enacted measures. With the aforementioned Decree-Law, the Government of the Republic of San Marino declares that all the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.
Период результата: 07/07/2020 -
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 39208/2020 from the Ministry of Foreign Affairs of San Marino, dated 8 May 2020, received and registered by the Secretariat General on 11 May 2020 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of San Marino presents its compliments to the Secretary General of the Council of Europe and, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as following its Note Ref. 35392/2020 dated 22 April 2020, informs that the Government of the Republic of San Marino has adopted Decree-Law no. 68 of 3 May 2020 entitled "Provisions for a gradual loosening of restrictive measures following Covid-19 health emergency", which introduces new provisions and partly extends until 31 May 2020 the urgent measures adopted to reduce and manage the spread of this virus.

Decree-Law no. 68 of 3 May 2020 provides for a partial reduction of the restrictive measures adopted to deal with Covid-19 health emergency with regard to freedom of movement, assembly and association.

The most recent legislation also provides, where possible, for the holding of remote meetings and the possibility to conduct religious and funeral ceremonies.

In accordance with Article 15, paragraph 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Ministry of Foreign Affairs of the Republic of San Marino will inform the Secretary General of the Council of Europe about future developments and will provide a notification when these measures have ceased to operate and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.
Период результата: 11/05/2020 - 01/07/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale Prot. n. 35392/2020 from the Ministry of Foreign Affairs of San Marino, dated 22 April 2020, registered by the Secretariat General on 23 April 2020 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of San Marino presents its compliments to the Secretary General of the Council of Europe and, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as following its Note ref. 33669/2020 dated 10 April 2020, informs that the Government of the Republic of San Marino has adopted the Decree-Law no. 62 of 17 April 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)", prolonging until 4 May 2020 the urgent measures adopted to reduce and manage the spread of this virus.

While entirely confirming the content of its Note ref. 33669/2020 as far as the measures are concerned and in accordance with Article 15, paragraph 3, of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Ministry of Foreign Affairs of the Republic of San Marino will inform the Secretary General of the Council of Europe about future developments and will inform when these measures have ceased to operate and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.
Период результата: 23/04/2020 - 11/05/2020
Cтатьях, посвященных : 15

Derogation contained in a Note verbal from the Ministry of Foreign Affairs of San Marino, dated 10 April 2020, registered at the Secretariat General on 10 April 2020 - Or. Engl., withdrawn in a Note Verbale Ref 59080/2020 from the Ministry of Foreign Affairs of San Marino, dated 1 July 2020, registered at the Secretariat General on 7 July 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of San Marino presents its compliments to the Secretary General of the Council of Europe and, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the Republic of San Marino intends to exercise the right to derogate from its obligations under the Convention.

Following the World Health Organization's announcements, in particular that of 30 January 2020, in which the COVID-19 epidemic was declared an international public health emergency, and that of 11 March 2020, in which it was declared a "pandemic", as well as the World Health Organization's recommendations to the international community regarding the need to adopt appropriate measures and the evolution of the epidemiological situation, the highly contagious nature of COVID-19 and the increase in cases in the Republic of San Marino, the Congress of State of the Republic of San Marino (Government) has adopted a series of urgent and necessary measures to reduce and manage the spread of this virus.

Having regard to the conditions of necessity and urgency referred to in Article 2, paragraph 2, letter b) of Constitutional Law no. 183 of 15 December 2005 and Article 12 of Qualified Law no. 184 of 15 December 2005, the Republic of San Marino has adopted the following Decree-Laws:

- Decree-Law no. 43 of 5 March 2020 entitled "Urgent measures to reduce the spread of COVID- 19 (Coronavirus)";
- Decree-Law no. 44 of 8 March 2020 entitled "Urgent measures to reduce the spread of COVID- 19 (Coronavirus)";
- Decree-Law no. 51 of 14 March 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)";
- Decree-Law no. 52 of 20 March 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)";
- Decree-Law no. 59 of 4 April 2020 - Extension of Decree-Law no. 52 of 20 March 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)" and further measures to manage the emergency.

Some of the measures taken in this context imply derogations from the obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms; therefore, the Ministry of Foreign Affairs requests that this Verbal Note be considered as notification for the purposes of Article 15 of the Convention.

It is hereby specified that, pursuant to Article 15, paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the derogations are consistent with the State's other obligations under international law.

Furthermore, it is hereby declared that, in accordance with Article 15, paragraph 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the measures derogating from the obligations under the Convention are adopted in full compliance with the rights and obligations laid down in Articles 2, 3, 4 (paragraph 1) and 7.

As provided for by Decree-Law no. 59 of 4 April 2020, the measures adopted until now shall remain in force until 20 April 2020. In accordance with Article 15, paragraph 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Ministry of Foreign Affairs of the Republic of San Marino shall keep the Secretary General of the Council of Europe fully informed of any developments and shall send an appropriate notification when the measures have ceased to operate and all the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.

While informing that the Republic of San Marino has recognised the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms by attributing them constitutional status in its legal system, the Ministry of Foreign Affairs of the Republic of San Marino avails itself of this opportunity to reiterate San Marino's deep commitment to the protection of Human Rights and Fundamental Freedoms and to the system of the Convention.
Период результата: 10/04/2020 - 01/07/2020
Cтатьях, посвященных : 15

Declaration from the State Secretary for Foreign Affairs of San Marino, dated 22 March 1989, appended to the instrument of ratification of the Convention deposited on 22 March 1989 - Or. Ita.

On behalf of the Government of the Republic of San Marino, I have the honour to declare, in conformity with Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature, in Rome, on 4 November 1950, in conformity with paragraph 2 of Article 6 of Protocol No. 4 to the said Convention, opened for signature, in Strasbourg, on 16 September 1963 [Article 6 of the Protocol since the entry into force of Protocol No. 11], and in conformity with paragraph 2 of Article 7 of Protocol No. 7 to the said Convention, opened for signature, in Strasbourg, on 22 November 1984 [Article 7 of the Protocol since the entry into force of Protocol No. 11], to recognise for a period of three years from the date of expiry of the former declaration, the competence of the European Commission of Human Rights to receive petitions submitted to the Secretary General of the Council of Europe by any person, non governmental Organisation or group of individuals claiming to be the victim of a violation of the rights set forth in the Convention, in Articles 1 to 4 of Protocol No. 4 and in Articles 1 to 5 of Protocol No. 7.

On behalf of the Government of the Republic of San Marino, I have the honour to declare, in conformity with Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature, in Rome, on 4 November 1950 [see Article 34 of the Convention since the entry into force of Protocol No. 11], in conformity with paragraph 2 of Article 6 of Protocol No. 4 to the said Convention, opened for signature, in Strasbourg, on 16 September 1963, and in conformity with paragraph 2 of Article 7 of Protocol No. 7 to the said Convention, opened for signature, in Strasbourg, on 22 November 1984, to recognise for a period of three years from the date of expiry of the former declaration, as compulsory ipso facto and without special agreement in respect of any other Contracting Party which accepts the same obligation, the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the said Convention, of Articles 1 to 4 of Protocol No. 4 and of Articles 1 to 5 of Protocol No. 7.

[Note by the Secretariat: These declarations were renewed for successive periods of three years :
- by a declaration from the State Secretary for Foreign Affairs of San Marino, transmitted by a letter from the Permanent Representative of San Marino, dated 9 April 1992, registered at the Secretariat General on 10 April 1992 – Or. Ita.
- by a declaration from the State Secretary for Foreign Affairs of San Marino, transmitted by a letter from the Permanent Representation of San Marino, dated 10 April 1995, registered at the Secretariat General on 11 April 1995 - Or. it.
- by a declaration from the State Secretary for Foreign Affairs of San Marino, transmitted by a letter from the Permanent Representation of San Marino, dated 12 May 1998, registered at the Secretariat General on 13 May 1998 - Or. Fr. ]
Период результата: 22/03/1989 - 31/10/1998
Cтатьях, посвященных : Ex-46, Ex-25

Declaration contained in the instrument of ratification, deposited on 22 March 1989 - Or. It.

The Government of the Republic of San Marino, although confirming its firm undertaking neither to foresee nor to authorise derogations of any kind from the obligations subscribed, feels compelled to stress that the fact of being a State of limited territorial dimensions calls for particular care in matters of residence, work and social measures for foreigners even if they are not covered by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto.
Период результата: 22/03/1989 -
Cтатьях, посвященных : -


Источник: Бюро договоров http://conventions.coe.int - * Disclaimer.