Country profile SMR
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2022 | C138 & C182 | Law No. 164 of 9 December 2022 - Article 21(7) | [{"link_name":"Law No. 164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Article 21(7) of Law No. 164 of 9 December 2022 provides that a delegated decree was to be issued by 30 June 2023 to define all regulatory and remuneration characteristics of work activities involving minors, including hazardous work. However, as of June 2025, no such delegated decree has been publicly published. |
| Minimum age for hazardous work | 2022 ; 1998 | C138 & C182 | Law No. 164 of 9 December 2022 - Article 21 ; Law No. 31/1998 | [{"link_name":"-Law No. 164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"},{"link_name":"-Law No.\u202f31/1998","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/documento17022079.html"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | San Marino’s Labour Law (Article 21) prohibits minors aged 16–17 from engaging in hazardous or dangerous work. The general employment age is 16, but the law excludes those under 18 from hazardous jobs. No provision allows hazardous work from age 16, and relevant occupational safety monitoring under Law No. 31/1998 supports enforcement of this standard. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1997 | C182 | Criminal Code | [{"link_name":"Criminal Code","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/documento17022035.html"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | While the law increases penalties for drug crimes committed against minors, it does not explicitly prohibit the use, recruitment, or offering of children for the production or trafficking of drugs, as required under C182. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2002 | C182 | Law No. 61 of 30 April 2002 - Article 177-bis, Article 177-ter, Article 177-quater | [{"link_name":"Law No.\u202f61 of 30 April 2002","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17015249.html"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | This law prohibits the sexual exploitation of minors through prostitution and pornography. Article 177-bis criminalises the exploitation of children in prostitution, with higher penalties for victims under 14 or with disabilities. Article 177-ter prohibits the use of minors in the production or dissemination of pornographic content, including non-recorded performances. Article 177-quater criminalises travel arrangements intended to sexually exploit minors. The law mandates confiscation of related materials and requires public officials to report suspected risks to minors. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1990 | C182 | Law No. 15 of 26 January 1990 | [{"link_name":"Law No.\u202f15 of 26 January 1990","source_link":"https://www.consigliograndeegenerale.sm/on-line/documento17146408.html"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | San Marino has no compulsory military service for individuals under 18. Law No. 15/1990 establishes that military recruitment is voluntary, although in exceptional circumstances of general mobilisation, citizens aged 16 to 60 may be called to defend the state. The Republic made a formal declaration under the Optional Protocol to the CRC stating that the minimum age for voluntary recruitment is 18, and that despite the historical provision allowing mobilisation from age 16, this has never been enacted. Thus, there is no legal framework enabling forced or compulsory recruitment of minors under 18, ensuring compliance with C182. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1974 | C182 | Criminal Code - Articles 167, 168,168bis, 177 | [{"link_name":"Criminal Code","source_link":"https://legislationline.org/sites/default/files/2023-09/Criminal%20law%20of%20San%20Marino.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | San Marino’s Criminal Code explicitly prohibits trafficking and sale of children for labour or sexual exploitation. Trafficking offences, including involving minors, are criminalised under Articles 168 and 168bis, with penalties increased if the victim is under 18. Article 167 prohibits keeping persons in slavery or servitude. Article 177 quater addresses organising travel aimed at child prostitution. These provisions reflect full compliance with C182. While no domestic cases have been reported, GRETA and international monitoring bodies confirm the legal framework is robust, though they recommend ongoing vigilance and awareness campaigns. |
| Minimum age for admission to apprenticeship | 2022 | C138 | Law No. 164 of 9 December 2022 | [{"link_name":"Law No. 164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | The law regulates youth employment, including seasonal and occasional work from age 14 under specified conditions, but does not establish a specific apprenticeship scheme for minors. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1990 ; 2022 | C138 | Law No. 137/1990 ; Law No. 164 of 9 December 2022 | [{"link_name":"-Law No.\u202f137/1990","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/documento17021089.html"},{"link_name":"-Law No.\u202f164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | San Marino extends compulsory education until the age of 16, as established by Law No. 137/1990. The updated Labour Law (Law No. 164/2022) prohibits employment of those under 16, aligning the minimum working age with the end of compulsory schooling. This ensures full compliance with C138, maintaining the legal employment age at no less than the minimum schooling age. |
| Light work - Determination of types and conditions of activities | 2022 | C138 | Law No. 164 of 9 December 2022 - Article 21 | [{"link_name":"Law No. 164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 21 of Law No. 164/2022 permits children aged 14 and over to perform seasonal work during school holidays and allows children under 14 to engage in specified activities (cultural, artistic, sporting, advertising, or performance-related) under regulated conditions. However, the law does not provide a detailed list of what constitutes light work or specify the hours and working conditions for such activities. A delegated decree to define these elements is mentioned in paragraph 7 of Article 21 but had not yet been published at the time of review. |
| Minimum age for light work | 2022 | C138 | Law No. 164 of 9 December 2022 - Article 21 | [{"link_name":"Law No. 164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The law does not explicitly use the term "light work", but Article 21 allows children aged 14 and above to perform seasonal work during school holidays. |
| Minimum age for admission to work | 2022 | C138 | Law No. 164 of 9 December 2022 - Article 21 | [{"link_name":"Law No. 164 of 9 December 2022","source_link":"https://www.consigliograndeegenerale.sm/on-line/home/lavori-consiliari/dettagli-delle-convocazioni/scheda17179061.html"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 21 of Law No. 164 of 2022 prohibits employers from concluding employment contracts with minors who have not completed compulsory education or are under the age of 16. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 15-MAR-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 01-FEB-1995 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Research did not provide evidence of any specific action plans or strategies specifically addressing child labour. | [{"link_name":"No information","source_link":"No information"}] | No information | No information | No information |