40/13 Report of the Working Group on the Universal Periodic Review - Monaco

GE.18-22679 (E) 160119 160119



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Monaco

* The annex is being circulated without formal editing, in the languages of submission only.

United Nations A/HRC/40/13

General Assembly Distr.: General 26 December 2018

English

Original: English/French

2 GE.18-22679

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its thirty-first session from 5 to 16

November 2018. The review of Monaco was held at the 11th meeting, on 12 November

2018. The delegation of Monaco was headed by the Minister of Foreign Affairs and

Cooperation, Gilles Tonelli. At its 17th meeting, held on 15 November 2018, the Working

Group adopted the report on Monaco.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Monaco: Croatia, Senegal and United Arab

Emirates.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Monaco:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/31/MCO/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/31/MCO/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/31/MCO/3).

4. A list of questions prepared in advance by Brazil, Germany, Liechtenstein, Portugal,

on behalf of the Group of Friends on national implementation, reporting and follow-up,

Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was

transmitted to Monaco through the troika. These questions are available on the website of

the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation described some of the specific features of Monaco. For example,

according to the Constitution, judicial affairs did not fall within the purview of the

Government. The judiciary was entirely independent of the executive power, which

guaranteed complete freedom of decision. That particularity was not the only one, but part

and parcel of an institutional architecture built to meet the needs of an over 700-year-old

community currently comprising 38,300 inhabitants that lived within an area of 2 km2. Less

than 22 per cent of residents had Monegasque nationality and more than 140 nationalities

were represented.

6. The following features, among others, distinguished Monaco from other States,

including those of a similar size: 98 per cent of employees working in Monegasque

companies were foreigners, although Monegasque nationals were afforded priority in

access to employment; 85 per cent of employees in Monegasque companies were non-

residents and commuted daily; one third of children enrolled in Monegasque schools were

non-residents, living abroad with their parents; over 50 per cent of medical cost

reimbursements paid by the social security system went to practitioners practising outside

Monaco.

7. Following its second universal periodic review, the Principality took action on 70

out of the 81 recommendations made. Fifty-three – or three quarters – of those 70

recommendations had been followed up with measures that had facilitated the achievement

of their objectives.

GE.18-22679 3

8. Monaco’s accession to the Rome Statute and its attendant membership of the

International Criminal Court was a recurring issue. It was inconceivable that a situation

falling within the purview of that Court should arise in situ in a territory covering 2 km2, if

only because the Principality had no army. The only issue was therefore the prosecution of

entities or persons domiciled in the Principality that had committed acts within the remit of

that Court outside the territory of Monaco. Monegasque legislation already contained

provisions to handle such cases, as illustrated by a number of cases addressed under that

framework in the past. Monaco was unable to ratify the Rome Statute as some of its

provisions, including those relating to the status of the Head of State, were incompatible

with its Constitution.

9. New institutions for the promotion and Protection of Human Rights had been

established. 30 November 2018 marked the establishment of the Interministerial Committee

for the Promotion and Protection of Women’s rights. The Committee would ensure follow-

up to the recommendations of three core conventions relating to human trafficking,

violence against women and domestic violence, and discrimination against women. The

Committee would involve relevant Monegasque associations and the Office of the High

Commissioner for the Protection of Rights, Liberties and for Mediation in its work. The

authorities had actively supported the establishment of the Association for the Support of

Victims of Crime in July 2014, whose purpose was to provide support to victims of

physical, sexual or mental violence, free of charge and on a confidential basis. Since

October 2013, the Office of the High Commissioner had been responsible for protecting

citizens in their dealings with the authorities and combating unjustified discrimination.

10. The changes to domestic law in response to the recommendations made during the

previous review cycle included: the enactment of legislation on the rights and freedoms of

persons with disabilities, gender equality, harassment and violence in the workplace,

medical informed consent, and on combating racism through its establishment as an

aggravating circumstance. The delegation drew particular attention to the following

legislation: Act No. 1.410 of 2 December 2014 on the protection, autonomy and promotion

of the rights and freedoms of persons with disabilities; Act No. 1.440 of 5 December 2016

amending certain provisions of the Civil Code relating to names and establishing pre-birth

recognition of children, which permitted parents to give their children the mother’s surname

and entitled any person to bear and use the name of his or her spouse, substituting or adding

to his or her own name in the order they chose; Act No. 1.450 of 4 July 2017 on shared

residence, which allowed for the equal sharing of custody by the father and the mother,

provided that it was in the child’s interest; and Act No. 1.457 of 12 December 2017 on

harassment and violence in the workplace.

11. At the international level, the following conventions and protocols had been ratified

since 2013: Council of Europe Convention on the Protection of Children against Sexual

Exploitation and Sexual abuse (Lanzarote Convention); Council of Europe Convention on

Preventing and Combating Violence against Women and Domestic Violence (Istanbul

Convention); Council of Europe Convention on Action against Trafficking in Human

Beings; Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women; Council of Europe Convention on the Prevention of

Terrorism and its Additional Protocol; Council of Europe Convention on Cybercrime and

the Additional Protocol thereto, concerning the criminalization of acts of a racist and

xenophobic nature committed through computer systems; and the Convention on the Rights

of Persons with Disabilities.

12. As to gender equality, domestic legislation in Monaco did not discriminate against

women in any way. Women enjoyed the same political rights as men, which meant they had

the same right to stand for election and to vote, the latter of which was enshrined in the

Constitution. The existing legal framework also provided for equal access to the labour

market. The Act and its implementing regulation of 1974 provided that all employees,

irrespective of sex, were entitled to equal pay for equal work or work of equal value.

Women were afforded adequate social protection in the form of maternity leave and family

allowances to help them reconcile their career duties with their parenting responsibilities.

The growing participation of women in decision-making and the economic life of the

country demonstrated the effectiveness of the measures taken. To date, 57 per cent of senior

4 GE.18-22679

posts in the administration (unit heads or higher) were occupied by women. One of the five

government councillor posts was currently held by a woman. Eight out of the 24 members

of the National Council were women and the gender balance tipped the other way when it

came to ambassadors. In the judiciary, four out of the five services administered by the

Directorate of Judicial Services were headed by women.

13. One of the most recent legislative advances to strengthen gender equality was Act

No. 1.457 of 12 December 2017 on harassment and violence at the workplace, which had

entered into force on 23 December 2017. It prohibited harassment, sexual blackmail and

violence in the workplace, among others, required employers to take all necessary measures

to prevent such acts, and established those acts as a criminal offence.

14. Concerning employment, the Monegasque Constitution guaranteed equal access to

employment for non-nationals without distinction. Although Monegasque nationals were

given priority in employment, taking into account that they constituted a minority in their

own country, there was no distinction, exclusion, restriction or preference based on race,

colour, sex, religion, political opinion or social origin.

15. As at 31 December 2017, 4,500 persons – approximately 2,500 men and 2,000

women – had been working in the civil service, accounting for 8 per cent of employees in

the Principality. Nearly two thirds of them were French, against 30 per cent Monegasque

nationals. Although, at 77 per cent, men outnumbered women among French staff, women

accounted for 64 per cent of Monegasque staff and were thus in the majority. In December

2017, there had been 50,000 private sector employees, 60 per cent of whom had been men.

Nearly two thirds of private sector employees were of French nationality, which illustrated

that the system of priority employment in no way undermined foreigners’ access to

employment in the Principality. Furthermore, all employees in the Principality of Monaco,

regardless of their nationality, were covered by a basic social welfare system. All insured

persons had equal access to health insurance and a pension.

16. The Office of the High Commissioner for the Protection of Rights, Liberties and for

Mediation had been set up in October 2013; a High Commissioner had been appointed in

February 2014. The Office’s main functions were to ensure the protection of citizens in

their dealings with the authorities and to combat unjustified discrimination. The High

Commissioner was mandated to receive complaints from natural or legal persons who

considered themselves to be victims of unjustified discrimination. In the public sector, the

High Commissioner could require the relevant administrative departments to provide any

document, information or assistance necessary to fulfil his or her duties. He or she could

also verbally request supplementary items from the citizen and the aforementioned

departments so as to clarify any discrepancies. The High Commissioner ensured respect for

the adversarial principle by, if necessary and unless impossible, listening to the

explanations of the citizen or his or her representative, as well as those of the administrative

authority concerned. In the private-sector realm, the High Commissioner heard the claimant

and could request him or her to provide any additional item to clarify the facts and the

situation that had given rise to the grievance. After examining the complaint, the High

Commissioner might refer it to the authorities or interested parties. In application of the

adversarial principle, he or she could also invite the accused party to comment on the acts

of discrimination that were the subject of the complaint. On the basis of the complaint, the

High Commissioner had the power to make recommendations requesting the defendant to

remedy the discrimination identified and to provide information on the follow-up given to

the recommendation within a given deadline. If no information was forthcoming, the High

Commissioner could make the recommendation public or prepare a special report for the

attention of the Prince.

17. The Principality promoted gender equality through its development cooperation

policy, which mainly aimed at eradicating poverty through actions in the fields of health,

education and social inclusion through employment. Monegasque development cooperation

operated in countries with annual per capita incomes of less than 4,000 dollars (least

developed countries) or in very poor communities in middle-income countries. The focus

was placed on forgotten, often overlooked areas in capitals and major cities (slums, poor

neighbourhoods), remote settings (rural or desert areas) and border areas (refugee camps).

There, Monaco supported activities with a strong impact on the population’s purchasing

GE.18-22679 5

power. In 2016, 60 per cent of Monegasque official development assistance (9.6 out of 16

million euros), representing 0.16 per cent of the country’s gross domestic product, had been

allocated for projects in least developed countries. In total, nearly 800,000 persons had

benefited directly from the Principality’s assistance.

B. Interactive dialogue and responses by the State under review

18. During the interactive dialogue, 49 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

19. Turkmenistan welcomed the changes made to the domestic normative and

institutional framework for the promotion and protection of human rights, and the signature

and ratification of international instruments. It also noted the importance of the

establishment of new institutions for the promotion and protection of human rights.

20. Ukraine welcomed the ratification of a number of international human rights

treaties, including the Convention on the Rights of Persons with Disabilities, the Optional

Protocol to the Convention on the Elimination of All Forms of Discrimination against

Women and the Council of Europe Convention on Preventing and Combating Violence

against Women and Domestic Violence. It also acknowledged the establishment of the

Office of the High Commissioner for the Protection of Rights and Liberties and for

Mediation.

21. The United Kingdom of Great Britain and Northern Ireland noted that Monaco had

not endorsed the Call to Action on Modern Slavery and encouraged Monaco to consider

doing so. It also noted that women continued to be disadvantaged in some areas, which

included the prohibition on women remarrying within 310 days of the dissolution of a

previous marriage and different treatment under retirement rules and regulations.

22. The United States of America acknowledged that the size of Monaco affected its

capacity to accept refugees and commended the country’s support for the United Nations

High Commissioner for Refugees. It noted, however, that the law did not provide for formal

asylum or refugee status. It also expressed concern about the law that criminalized

denunciations of the ruling family.

23. Uruguay urged Monaco to continue its commitment to promoting and protecting

human rights, which had been highlighted by its recent ratification of several international

human rights instruments. It congratulated Monaco on the adoption of legislative measures

to promote gender equality.

24. The Bolivarian Republic of Venezuela expressed appreciation for the protection by

Monaco of vulnerable groups, such as children, women and persons with disabilities. It

highlighted, in particular, the arrangement for receiving and schooling persons with

disabilities, and the establishment of services for victims of violence. It commended the fact

that education was obligatory for children of both sexes until the age of 16 and that primary

and secondary schools were free in public schools.

25. Albania commended Monaco for its constructive cooperation with international

human rights mechanisms. It welcomed the ratification of a number of international human

rights instruments, including the Convention on the Rights of Persons with Disabilities.

Albania asked for information on the process of establishing a committee for the promotion

and protection of women’s rights, particularly on the role of civil society during and after

the establishment of such an interministerial committee.

26. Algeria welcomed the various initiatives taken to guarantee the rights of the child,

and encouraged Monaco to make further efforts in this area, particularly through the

development and implementation of a comprehensive policy. It also praised the

implementation of a law that criminalized various forms of violence against women such as

harassment or forced marriage and that specifically recognized rape between spouses.

27. Andorra appreciated the ratification of a number of international instruments,

particularly the Convention on the Rights of Persons with Disabilities. It asked about the

6 GE.18-22679

measures aimed at providing care for minors with disabilities, and about the integration of

persons with disabilities in the labour market.

28. Argentina congratulated Monaco on the enactment of the act on the protection,

autonomy and promotion of the rights and freedoms of persons with disabilities, and on the

different measures adopted to ensure the rights of persons with disabilities. It commended

efforts to combat discrimination against women.

29. Australia noted the establishment of the Office of the High Commissioner for the

Protection of Rights and Liberties and for Mediation. It acknowledged the ratification of a

range of international legal instruments, including the Convention on the Rights of Persons

with Disabilities. It noted the lack of a clear and express prohibition of discrimination based

on nationality, race or ethnicity, and sporadic allegations of government corruption.

30. Brazil commended the accession by Monaco to the Optional Protocol to the

Convention on the Rights of the Child on a communications procedure and to the

Convention on the Rights of Persons with Disabilities. It also welcomed the enactment of

laws on issues related to gender equality, harassment and violence at the workplace, the

fight against racism and the rights of persons with disabilities.

31. Bulgaria welcomed the establishment of the Office of the High Commissioner for

the Protection of Rights and Liberties and for Mediation. It highlighted the process for the

establishment of the interministerial committee for the promotion and protection of

women’s rights. It also commended Monaco on the ratification of the Convention on the

Rights of Persons with Disabilities, and the recent enactment of legislation on extending

opportunities for persons with disabilities.

32. Canada welcomed the steps taken to reduce discrimination against foreign workers

by adopting new legislation that allows French nationals of the region to work remotely. It

also noted the positive contribution by Monaco to helping and assisting the most vulnerable

populations in developing countries.

33. Chile welcomed the establishment of the Office of the High Commissioner for the

Protection of Rights and Liberties and for Mediation. It also welcomed the ratification of

several international human rights instruments. It expressed concern about the lack of

legislation expressly prohibiting all forms of discrimination against women. It also

expressed concern about complaints of discrimination and violence against lesbian, gay,

bisexual, transgender and intersex persons.

34. China noted the ratification by Monaco of the Convention on the Rights of Persons

with Disabilities. China welcomed the efforts of Monaco to protect vulnerable groups,

including women, children, the elderly, and persons with disabilities, and to promote

gender equality and social inclusiveness. China also welcomed the active cooperation of

Monaco with developing countries and official development assistance provided by

Monaco to developing countries.

35. Côte d’Ivoire commended measures adopted to strengthen the institutional and

normative framework to protect human rights. It welcomed the establishment of the Office

of the High Commissioner for the Protection of Rights and Liberties and for Mediation, and

the act on the protection, autonomy and promotion of the rights and freedoms of persons

with disabilities. It also welcomed the ratification by Monaco of several European and

international human rights treaties.

36. Cyprus commended Monaco on its strong commitment to protecting and promoting

human rights and on the concrete measures the Government had taken to implement its

international human rights obligations. It welcomed the recent ratification of the

Convention on the Rights of Persons with Disabilities, and asked if there was any

information available on the implementation of that instrument, especially with regard to

minors and access to the workplace.

37. Denmark stated that the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment established an important set

of practical tools on preventing torture and ill-treatment. It further stressed that the

Convention on the Elimination of All Forms of Discrimination against Women guided the

GE.18-22679 7

efforts of States to realize gender equality in law and practice by addressing discrimination

against women and girls.

38. France expressed appreciation for the strong commitment to human rights displayed

by Monaco both at the country level and in international organizations, as reflected recently

by the country’s ratification of the Convention on the Rights of Persons with Disabilities.

39. Gabon congratulated Monaco on the adoption of legislation for the disabled, in

particular the act on the protection, autonomy and promotion of the rights and freedoms of

persons with disabilities, adopted in 2014, and on the ratification in 2017 of the Convention

on the Rights of Persons with Disabilities. It commended measures taken for the protection

of older persons, in particular the opening of the Clinical Gerontology Centre.

40. Georgia hailed the ratification of the Council of Europe Convention on Preventing

and Combating Violence against Women and Domestic Violence and the Optional Protocol

to the Convention on the Elimination of All Forms of Discrimination against Women. It

welcomed the establishment of a national institution for the promotion and protection of

human rights, namely the Office of the High Commissioner for the Protection of Rights and

Liberties and for Mediation, as well as of the Association for the Support of Victims of

Crime.

41. Germany commended Monaco on its ratification of the Council of Europe

Convention on Preventing and Combating Violence against Women and Domestic

Violence and the Convention on the Rights of Persons with Disabilities.

42. Ghana welcomed the establishment of the Office of the High Commissioner for the

Protection of Rights and Liberties and for Mediation in 2013, and of the Association for the

Support of Victims of Crime in 2014 to provide support to victims of various acts of

violence and other criminal offences. It commended the country on its ratification of the

Convention on the Rights on Persons with Disabilities in 2017.

43. The delegation observed that, with its 2 km2 territory, Monaco was neither a

destination country nor a migration corridor. Furthermore, as Monaco and France formed a

customs union, controls were carried out by the French customs authorities, which had the

same powers as on French territory. Monaco therefore issued no entry visas for its territory.

Since 1 January 2018, 55 unaccompanied minor migrants had entered Monegasque

territory. Child protection measure had been implemented and the children had been placed

in the care of the Department of Social Welfare and Social Services. Following a health

check, the children had been handed over to the French authorities in charge of monitoring

the entry and movement of third-country nationals in the Schengen Area, as required by

European regulations.

44. Regarding violence against children, the delegation referred to the concept of

“specific forms of violence” against particularly vulnerable groups. The delegation also

referred to a bill that would shortly be submitted to the legislative assembly (National

Council), which established the commission of violent acts against children not resulting in

injuries as an aggravating circumstance.

45. Concerning disability, the delegation said that, in addition to a guaranteed

subsistence minimum, a spectrum of supporting funds were made available for the

implementation of disability benefit programmes for adults and children, including: home

help services, education assistants, tailor-made holidays, transportation by taxi and

coverage of non-classified services. Legislation had helped promote professional inclusion

of persons with disabilities and enhanced recognition of the role played by parents of

children with disabilities, granting them the right to family benefits.

46. Honduras commended Monaco on its efforts to implement the recommendations it

had received during the second review cycle, including its establishment of the Office of

the High Commissioner for the Protection of Rights and Liberties and for Mediation. It

noted with appreciation the financial contributions made by Monaco to the Office of the

United Nations High Commissioner for Human Rights.

8 GE.18-22679

47. Iceland expressed its appreciation for the ratification by Monaco of the Convention

on the Rights of Persons with Disabilities, as well as for the establishment of the Office of

the High Commissioner for the Protection of Rights and Liberties and for Mediation.

48. Indonesia commended Monaco on the progress it had made since its last review, in

particular regarding the ratification in 2017 of the Convention on the Rights of Persons with

Disabilities and the establishment in 2014 of the Association for the Support of Victims of

Crime. It also welcomed the country’s continued commitment to providing development

cooperation and assistance to developing countries, in accordance with the Sustainable

Development Goals.

49. Iraq noted progress made since the last review of Monaco, especially with regard to

the normative and institutional human rights framework in the country. It expressed strong

appreciation for the ratification of a number of regional and international conventions as

well as for the establishment of the Office of the High Commissioner for the Protection of

Rights and Liberties and for Mediation.

50. Ireland congratulated Monaco on the progress the country had made since its last

review. Those positive steps had included the ratification of a number of international

human rights instruments, such as the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women.

51. Italy welcomed the commitment of Monaco to promoting and protecting human

rights. It hailed efforts benefiting women, children and persons with disabilities. It

appreciated the ratification of several international human rights instruments, including the

Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence, the Council of Europe Convention on the Protection of Children

against Sexual Exploitation and Sexual Abuse and the Convention on the Rights of Persons

with Disabilities.

52. Madagascar noted with satisfaction that Monaco had acceded to several international

human rights instruments, noting that it had, inter alia, ratified the Convention on the

Rights of Persons with Disabilities in 2017, as well as the Convention on the Elimination of

All Forms of Discrimination against Women in 2016. It also welcomed the establishment of

the Office of the High Commissioner for the Protection of Rights and Liberties and for

Mediation.

53. Maldives was encouraged by the efforts and progress made by Monaco in regard to

improving the rights of persons with disabilities, especially through the enactment of

legislation in 2014 and the ratification of the Convention on the Rights of Persons with

Disabilities in 2017.

54. Malta thanked Monaco for the presentation of its national report and commended the

special measures the country had taken on behalf of women and children since its last

universal periodic review.

55. Mauritius particularly welcomed the ratification of the Optional Protocol to the

Convention on the Elimination of All Forms of Discrimination against Women, in 2016, as

well as the ratification of the Convention on the Rights of Persons with Disabilities, in

2017. It applauded the continued efforts by Monaco to promote and protect the rights of the

most vulnerable, implemented through special measures designed to benefit children,

women, older persons and the disabled.

56. Montenegro welcomed the progress by Monaco, since the previous review,

regarding the institutional framework for human rights, which had included the

establishment of the Office of the High Commissioner for the Protection of Rights and

Liberties and for Mediation. Montenegro also commended Monaco for ratifying the

Convention on the Rights of Persons with Disabilities in 2017 and additional international

treaties within the framework of the Council of Europe.

57. The Netherlands commended Monaco for ratifying the Council of Europe

Convention on Preventing and Combating Violence against Women and Domestic

Violence and the Council of Europe Convention on Action against Trafficking in Human

GE.18-22679 9

Beings, but remained concerned about specific issues pertaining to the rights of women and

lesbian, gay, bisexual, transgender and intersex persons.

58. Pakistan acknowledged the efforts made by Monaco with regard to the rights of

disadvantaged persons, including women, children, the elderly and persons with

disabilities, and commended the adoption of the Harassment and Workplace Violence Act

in 2017.

59. The Philippines recognized the institutional progress made by Monaco since the last

universal periodic review cycle, which had included the establishment of an interministerial

committee for more effective coordination, implementation and evaluation of national

policies and measures to combat violence and discrimination against women. It also

welcomed the ratification by Monaco of the Convention on the Rights of Persons with

Disabilities in 2017.

60. Portugal welcomed measures taken by Monaco to strengthen human rights

protection, in particular the creation of the Office of the High Commissioner for the

Protection of Rights and Liberties and for Mediation, the ratification of international human

rights instruments in the area of child protection and the elimination of discrimination

against women.

61. Qatar noted measures taken to improve the legislative framework, and the

ratification of international human rights instruments. It also noted measures to ensure

equality in access to medical assistance, as well as education for all, and special attention

provided to vulnerable groups.

62. The Republic of Moldova commended Monaco for the importance it attached to the

universal periodic review process, reflected in the thorough consideration given to the

recommendations it had received. It welcomed the adoption of Act No. 1.457, on

harassment and violence in the workplace, which took into account a recommendation

made by the Republic of Moldova during the second cycle. It welcomed the ratification of

international human rights instruments.

63. Senegal commended progress achieved by Monaco in implementing the

recommendations accepted during the second cycle, in particular with regard to gender

equality, education for all, the provision of free medical assistance, and combating all forms

of discrimination.

64. Serbia commended action taken to implement the recommendations received during

the previous cycle. It welcomed the ratification of the Convention on the Rights of Persons

with Disabilities, in 2017, and the establishment of the Office of the High Commissioner

for the Protection of Rights and Liberties and for Mediation, in 2013.

65. Singapore commended Monaco for taking several progressive measures to care for

older persons, who constituted a significant segment of its population. Such measures had

included establishing the Rainier III Clinical Gerontology Centre in 2013 and implementing

an intergenerational cooperation project, as well as other initiatives to enable older persons

to stay at home for as long as possible and in good living conditions.

66. Slovenia welcomed the strengthening of the institutional framework for the

protection and promotion of human rights with the establishment of the national human

rights institution. It acknowledged the efforts made on the rights of older persons and stated

that it would welcome efforts by Monaco to continue strengthening intergenerational

cooperation and solidarity.

67. Spain was concerned about the absence of specific national legislation to combat

gender-based discrimination and about the continuing existence of certain legal provisions

unfavourable to women.

68. The State of Palestine commended the Government’s commitment to promoting and

protecting human rights. It noted that important steps had been taken in combating

discrimination and violence against women.

69. Togo welcomed notable progress achieved by Monaco since its previous review, in

particular the establishment of the High Commissioner for Rights and Liberties and for

10 GE.18-22679

Mediation. It commended measures taken for vulnerable groups, notably the strengthening

of the legal framework to protect the rights of women and persons with disabilities.

70. Tunisia welcomed efforts to protect human rights and the establishment of the

Office of the High Commissioner for the Protection of Rights and Liberties and for

Mediation. It acknowledged the ratification of treaties, and action, to combat violence,

trafficking in persons and xenophobia.

71. Replying to a question about conferral of Monegasque nationality, the delegation

said that men and women were afforded equal treatment. There were three ways of

acquiring Monegasque citizenship: by birth, by an act of the Prince (naturalization), or by

having been married to a person holding Monegasque nationality for 10 years. Monegasque

legislation guaranteed complete gender equality in that respect.

72. Regarding conventions to be signed, the study of the impact of possible accession to

the International Convention for the Protection of All Persons from Enforced

Disappearance was currently being finalized.

73. As concerned access to health care for foreign children, health care was available to

all without discrimination on the basis of sex, origin, age or severity of the condition. Sixty

per cent of patients going to the Monaco hospital for treatment were non-residents; most of

them came from France and Italy. State medical aid was available to persons who had been

residing in the Principality for at least five years and whose income was below a certain

threshold. It covered medical expenses related to pregnancy, illness other than occupational

disease or workplace accidents, disability or death.

74. In response to a question concerning deafblind children, the delegation said that

children with any impairment or disability received education support in the form of a

person who accompanied them all day and assisted them in their schoolwork.

75. The delegation concluded by recalling that in Monaco, which currently hosted 141

nationalities on a territory of 2 km2, tolerance and human rights were fundamental.

II. Conclusions and/or recommendations

76. The recommendations formulated during the interactive dialogue/listed below

have been examined by Monaco and enjoy the support of Monaco:

76.1 Consider accession to the remaining core human rights conventions

(Iraq);

76.2 Consider ratification of the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(Ukraine);

76.3 Redouble its efforts to ratify the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment and reaffirm its commitment to preventing torture (Uruguay);

76.4 Finalize the study on the Optional Protocol to the International

Covenant on Economic, Social and Cultural Rights and consider its ratification

(Togo);

76.5 Consider reviewing its reservations to the Convention on the Elimination

of All Forms of Discrimination against Women (Slovenia);

76.6 Examine the opportunity of withdrawing its reservations to articles 7

and 16 of the Convention on the Elimination of All Forms of Discrimination

against Women (Honduras);

76.7 Continue taking steps towards the setting up of an interministerial

committee for the promotion and protection of women’s rights (Malta);

76.8 Complete the creation of the interministerial committee for the

promotion and protection of the rights of women (Gabon);

GE.18-22679 11

76.9 Continue efforts to establish the Committee for the Promotion and

Protection of Women’s Rights (Tunisia);

76.10 Consult civil society in the context of the establishment of the

Interministerial Committee for the Promotion and Protection of Women’s

Rights (Andorra);

76.11 Adopt an open, merit-based process when selecting national candidates

for United Nations treaty body elections (United Kingdom of Great Britain and

Northern Ireland);

76.12 Continue strengthening policies on protection of the most vulnerable and

ensure that their interests are adequately taken into account (Qatar);

76.13 Continue its ongoing efforts on the strengthening of protection policies

for children, women and persons with disabilities (Turkmenistan);

76.14 Continue to take effective measures to promote gender equality and

further guarantee the rights of vulnerable groups, including women, children,

and persons with disabilities (China);

76.15 Continue the efforts in raising the awareness in the field of human rights

(Turkmenistan);

76.16 Continue its efforts in promoting human rights awareness through

various education and training programmes (Philippines);

76.17 Further promote economic and social development and continue to

provide development assistance to the developing countries (China);

76.18 Continue its efforts to achieve the international objective of 0.7 per cent

of gross national product for official development assistance (Côte d’Ivoire);

76.19 Continue to further enrich its legislation to better fight racism

(Indonesia);

76.20 Continue efforts to combat hate speech against foreigners and promote a

culture of difference and tolerance (Tunisia);

76.21 Continue strengthening legislation and social programmes to combat

racism, racial discrimination and xenophobia and related forms of intolerance

(Bolivarian Republic of Venezuela);

76.22 Ensure that the national legislation explicitly makes racist motivation an

aggravating circumstance for all ordinary offences (Ukraine);

76.23 Abolish the discriminatory prohibition on women remarrying within 310

days following a divorce (Iceland);

76.24 Adopt specific legislation aimed at eradicating, punishing and preventing

all forms of discrimination, violence or abuse against persons based on their

sexual orientation or gender identity (Chile);

76.25 Continue its cooperation with Least Developed Countries with the aim of

attaining Sustainable Development Goal 1 “End extreme poverty, including

hunger” (Senegal);

76.26 Adopt comprehensive legislation to prevent and combat all forms of

trafficking, with a victim protection centred approach, particularly women and

child victims of commercial sexual exploitation (Honduras);

76.27 Strengthen measures aimed at protecting potential victims of trafficking

(Algeria);

76.28 Conduct an official study of the possible link between prostitution and

trafficking in persons for sexual exploitation in Monaco (United Kingdom of

Great Britain and Northern Ireland);

12 GE.18-22679

76.29 Adopt mechanisms that regulate and promote equality between men and

women, particularly in relation to pay equity, the participation and

representation of women in the workplace (Canada);

76.30 Complete the elaboration and the adoption of the bill related to the

regulation of night work, with a view to repealing the prohibition of night work

for women (Gabon);

76.31 Take action to ensure equal access to education (Madagascar);

76.32 Take legal measures to strengthen the right to education for children

who are not Monegasque citizens (Portugal);

76.33 Take further measures to strengthen the right to access to education for

all children irrespective of their nationality (Republic of Moldova);

76.34 Continue strengthening access to education, in particular of girls and

young women, supporting their entry at all educational levels (Bolivarian

Republic of Venezuela);

76.35 Integrate into the Monegasque educational system the specific concerns

of deaf-mute and visually impaired persons (Senegal);

76.36 Adopt legislation that explicitly prohibits all forms of discrimination

against women (Chile);

76.37 Intensify efforts to eliminate discrimination against women, including

human trafficking (Iraq);

76.38 Continue its effort to achieve full and effective gender equality, including

by strengthening policies that foster genuine equality between women and men

(Indonesia);

76.39 Continue its efforts to combat discrimination and violence against

women and promote their rights, and to ensure equal representation of women

in decision-making positions (State of Palestine);

76.40 Continue its efforts to facilitate women’s representation in the National

Council and the Government (Bulgaria);

76.41 Continue to develop strategies to increase the participation of women in

political life, as well as in leading positions in business enterprises (Cyprus);

76.42 Encourage an equal male–female representation in the Parliament and

within the Government (France);

76.43 Take concrete measures to promote women’s full and equal

participation in public life, in particular by accelerating women’s full and equal

participation in elected and appointed bodies (Iceland);

76.44 Redouble its efforts to ensure that women are better represented in

public affairs and politics, particularly in decision-making roles (Pakistan);

76.45 Take adequate measures in order to ensure the equal representation of

women within the State institutions and public affairs (Serbia);

76.46 Step up efforts to promote better representation of women in public and

political affairs, including within political bodies, and provide incentive

measures to encourage them (Togo);

76.47 Approve comprehensive anti-discrimination legislation that prohibits

discrimination against all women and covers direct and indirect discrimination

in the public and private spheres, as well as interrelated forms of

discrimination against women, affecting in particular women belonging to

minority groups (Honduras);

76.48 Adopt comprehensive anti-discrimination legislation to combat

discrimination against women, in particular women belonging to minority

groups (Pakistan);

GE.18-22679 13

76.49 Continue implementing policies directed towards the achievement of full

and effective gender equality, including by amending or repealing obsolete

provisions in the legislation that are discriminatory against women (Republic of

Moldova);

76.50 Take the necessary measures so that its national legislation ensures that

women and men have equal rights with regard to obtaining, keeping and

transmitting nationality (Argentina);

76.51 Amend its nationality law to ensure that women have equal rights with

regard to obtaining, keeping and transmitting nationality (Iceland);

76.52 Repeal legal provisions unfavourable to women in terms of nationality,

work and family and implement and develop specific legislation in the area of

gender equality (Spain);

76.53 Continue efforts to improve women’s health, and strengthen policies to

encourage their entry into the labour market (Bolivarian Republic of

Venezuela);

76.54 Continue to promote women’s rights, including ensuring access to sexual

and reproductive health services (Australia);

76.55 Continue to strengthen efforts to combat all forms of violence and

discrimination against women (Maldives);

76.56 Consider the possibility of setting up a body tasked with driving policies

for preventing and combating violence against women and of drawing up a

national action plan for preventing and combating violence against women

(Georgia);

76.57 Establish a national action plan to prevent and combat violence against

women (United Kingdom of Great Britain and Northern Ireland);

76.58 Continue efforts to prevent violence against women and combat

harassment (Tunisia);

76.59 Adopt a broader definition of domestic violence in accordance with the

definition given in the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence (Istanbul

Convention) (Uruguay);

76.60 Consider developing and implementing a comprehensive policy for the

protection of the rights of the child (Bulgaria);

76.61 Continue to take measures to promote the rights of the child through

developing and implementing a comprehensive policy for child rights

(Maldives);

76.62 Ensure that foreign children can have the same access to health services

of the same quality as Monegasque children (Madagascar);

76.63 Enact legislation to prohibit all forms of corporal punishment of children

in all settings, while promoting positive, non-violent and participatory forms of

child-rearing and discipline (Brazil);

76.64 Adopt legislation to prohibit corporal punishment and violence against

children (Madagascar);

76.65 Adopt provisions to implement the recommendations of the Committee

on the Rights of the Child to prohibit corporal punishment in all settings

(Portugal);

76.66 Enact legislation to clearly prohibit corporal punishment of children

without exceptions in all settings, including in the home (Uruguay);

14 GE.18-22679

76.67 Establish a toll-free 24-hour helpline available for all children at the

national level and promote awareness of how children could access the helpline

(Albania);

76.68 Ensure that the necessary resources and policies are in place for the

effective implementation of laws that promote the rights of persons with

disabilities, such as Act No. 1.441 and Act No. 1.410 and the Convention on the

Rights of Persons with Disabilities (Singapore);

76.69 Take measures aimed at ensuring full access to culture for persons with

disabilities and people with low incomes (Algeria);

76.70 Accelerate the creation of a unit in the Principality for elderly persons

with mental disabilities in need of special care (Qatar);

76.71 Continue to invest in building sufficient medical, social and geriatric

infrastructure to meet the needs of Monaco’s older persons ahead of time so

that they can age with dignity (Singapore);

76.72 Consider adopting a procedure for granting asylum or refugee status

while continuing its support for the United Nations High Commissioner for

Refugees’ work in protecting refugees (United States of America).

77. The following recommendations will be examined by Monaco, which will

provide responses in due time, but no later than the fortieth session of the Human

Rights Council:

77.1 Consider assigning to the High Commissioner for the Protection of

Human Rights and Freedoms and for Mediation the function of providing

victims of discrimination with legal aid, including during court proceedings

(Ghana);

77.2 Continue to strengthen the role of the Office of the High Commissioner

for the Protection of Human Rights and Freedoms and for Mediation to be in

line with the Paris Principles (Indonesia);

77.3 Ensure that the national human rights institution is fully compliant with

the Paris Principles and seek accreditation by the Global Alliance of National

Human Rights Institutions (Ireland);

77.4 Encourage the Office of the High Commissioner for the Protection of

Human Rights and Freedoms and for Mediation to seek accreditation by the

Global Alliance of National Human Rights Institutions (Montenegro);

77.5 Take legal measures for the Office of the High Commissioner for the

Protection of Rights, Liberties and for Mediation to satisfy all the criteria laid

down in the Paris Principles (Portugal);

77.6 Consider allowing Monaco’s High Commissioner for the Protection of

Rights, Liberties and for Mediation to initiate investigations into civil liberties

violations (United States of America).

78. The recommendations formulated during the interactive dialogue/listed below

have been examined by Monaco and have been noted by Monaco:

78.1 Ratify or accede to the human rights instruments to which it is not yet a

party, in particular the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families, the Convention

relating to the Status of Stateless Persons, the Convention on the Reduction of

Statelessness and the Rome Statute of the International Criminal Court

(Honduras);

78.2 Sign and ratify the Optional Protocol to the Convention on the Rights of

Persons with Disabilities and the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as

well as ratify the Optional Protocol to the International Covenant on Economic,

GE.18-22679 15

Social and Cultural Rights and the Optional Protocol to the Convention on the

Rights of the Child on a communications procedure (Spain);

78.3 Consider ratifying the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Philippines);

78.4 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Argentina);

78.5 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance, signed by Monaco in 2007 (France) (Italy);

78.6 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Chile)

(Denmark) (France) (Ghana) (Portugal);

78.7 Sign and ratify the Optional Protocols to the International Covenant on

Civil and Political Rights and the International Covenant on Economic, Social

and Cultural Rights (Ireland);

78.8 Ratify the Optional Protocol to the International Covenant on Civil and

Political Rights (Montenegro);

78.9 Ratify the Optional Protocol to the International Covenant on Economic,

Social and Cultural Rights (Ukraine);

78.10 Ratify the Optional Protocol to the Convention on the Rights of Persons

with Disabilities and the first Optional Protocol to the International Covenant

on Civil and Political Rights (Australia);

78.11 Ratify the Convention relating to the Status of Stateless Persons, and the

Convention on the Reduction of Statelessness (Côte d’Ivoire);

78.12 Consider acceding to the Rome Statute of the International Criminal

Court (Ghana);

78.13 Ratify the Rome Statute of the International Criminal Court and align

its national legislation with all obligations under the Rome Statute (Germany);

78.14 Ratify the Rome Statute of the International Criminal Court (France)

(Iceland);

78.15 Become a party to the Rome Statute of the International Criminal Court

(Portugal);

78.16 Ratify the Treaty on the Prohibition of Nuclear Weapons (Togo);

78.17 Withdraw its reservations to the Convention on the Elimination of All

Forms of Discrimination against Women (Denmark);

78.18 Join the International Labour Organization and the respective

conventions of the ILO (Germany);

78.19 Strongly consider becoming a member of the International Labour

Organization and the International Organization for Migration (Philippines);

78.20 Improve its government transparency and accountability, including by

instituting mechanisms to ensure openness and public consultation in

parliamentary processes (Australia);

78.21 Ensure that its policies, legislation, regulations and enforcement

measures effectively serve to prevent and address the heightened risk of

business involvement in abuses in conflict situations, which includes situations

of foreign occupation (State of Palestine);

78.22 Take active steps to ensure its domestic legislation prohibits

discrimination based on nationality, race or ethnicity, in line with the

International Convention on the Elimination of All Forms of Racial

Discrimination (Australia);

16 GE.18-22679

78.23 Establish a strong anti-discrimination legislative framework prohibiting

all forms of direct and indirect discriminatory practice (Madagascar);

78.24 Adopt a civil union agreement that grants equal rights from that of

marriage to unmarried partners (Canada);

78.25 Adopt marriage equality legislation, extending full marriage rights to

same-sex couples (Iceland);

78.26 Amend legislation in order to grant equal recognition and legal rights to

same-sex couples, in particular with respect to laws governing marriage,

cohabitation of couples, adoption and employment discrimination

(Netherlands);

78.27 Enact legislation to protect and promote the rights of lesbian, gay,

bisexual, transgender and intersex persons (Brazil);

78.28 Protect lesbian, gay, bisexual, transgender and intersex persons by, for

example, adopting specific legislation against hate crimes and guaranteeing

their full social integration and the participation of lesbian, gay, bisexual,

transgender and intersex persons in all spheres of life (Spain);

78.29 Consider revising restrictions on freedom of expression and

decriminalization of speech critical of the ruling family (United States of

America);

78.30 Improve working conditions for employees in the informal sector

(Senegal);

78.31 Counter discrimination against women in political participation and

family affairs, in particular through repealing reservations made under articles

7 (b), 9 and 16 (1) (e) and (g) of the Convention on the Elimination of All Forms

of Discrimination against Women, including through the amendment of the

nationality law to ensure that women and men have equal rights with regard to

obtaining, keeping and transmitting nationality (Netherlands);

78.32 Open discussions with civil society groups and stakeholders on the sexual

and reproductive rights of women and girls, repeal discriminatory legislation

and decriminalize elective abortion (Canada);

78.33 Adopt measures to protect the reproductive rights of women through the

enactment of legislative reforms to fully decriminalize voluntary termination of

pregnancy (Uruguay);

78.34 Continue working to ensure the effective protection of victims of gender-

based violence by amending Law No. 1.382 of 2011 to adequately meet the

specific needs of women victims and also amend article 262 of the Criminal

Code to ensure that the definition of rape is based on the lack of freely given

consent (Spain);

78.35 Review the law that establishes the minimum age of criminal

responsibility as 13 years of age and eliminate this provision (Portugal).

79. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

GE.18-22679 17

Annex

Composition of the delegation

The delegation of Monaco was headed by Mr. Gilles Tonelli, Conseiller de

Gouvernement-Ministre des Relations Extérieures et de la Coopération de Monaco and

composed of the following members:

• M. Laurent ANSELMI, Directeur des Services Judiciaires;

• S.E Mme Carole LANTERI, Ambassadeur, Représentant Permanent de la

Principauté de Monaco auprès de l’Office des Nations Unies à Genève;

• M. José BADIA, (Conseil National (Parlement), Conseiller National, Président de la

Commission des Relations Extérieures;

• Mme Isabelle ROSABRUNETTO, Directeur Général, Département des Relations

Extérieures et de la Coopération;

• Mme Valérie VIORA, Directeur Général, Département des Affaires Sociales et de la

Santé;

• Mme Véronique SEGUI-CHARLOT, Directeur de l’Action et de l’Aide Sociales,

Département des Affaires Sociales et de la Santé;

• Mme Pascale PALLANCA, Directeur du Travail, Département des Affaires Sociales

et de la Santé;

• M. Alexandre BORDERO, Directeur de l’Action Sanitaire, Département des

Affaires Sociales et de la Santé;

• M. Jean-Laurent RAVERA, Chef du Service du Droit International, des Droits de

l’Homme et des Libertés Fondamentales, Direction des Affaires Juridiques;

• M. Christian CEYSSAC, Chargé de Mission, Département de l’Intérieur;

• Mme Corinne MAGAIL, Chargé de Mission, Département des Relations Extérieures

et de la Coopération;

• M. Rémy LE JUSTE, Commissaire de Police, Chef de la Division de Police

Administrative, Direction de la Sûreté Publique;

• M. Gilles REALINI, Premier Secrétaire, Mission Permanente de la Principauté de

Monaco, auprès de l’Office des Nations Unies à Genève;

• M. Maxime MAILLET, Administrateur, Direction des Services Judiciaires;

• Mme Laura BENITA, Rédacteur principal, Direction des Affaires Juridiques;

• Mlle Francesca CASALONE, Stagiaire, Mission Permanente de la Principauté de

Monaco, auprès de l’Office des Nations Unies à Genève.