A/HRC/12/50 Monaco recalled that the jurisprudence of the Monegasque tribunals relating to labour law demonstrated its respect for the principles elaborated by ILO. 253. Regarding the Optional Protocol to the Convention on the Elimination of Discrimination against Women, Monaco recalled that it had been a party to the Convention since 2005 and had shown its commitment to its ideals and values. The exercise of fundamental values guaranteed in the Constitution could not give rise to any difference of treatment; section III of the Constitution defined precisely all such fundamental rights and freedoms. Women benefited from the same economic and social advantages and rights as men. With regard to domestic violence, Monaco attached great importance to having a specific law on this issue, a draft law having been recently adopted and to be enacted soon. The Optional Protocol did not add any values and principles to the Convention, but its ratification would require a review of the legal apparatus beforehand. 254. Monaco recalled that it had signed the Rome Statute of the International Criminal Court in 1998. It had undertaken a constitutional and legislative review, which had highlighted discrepancies between the Statute and Monegasque domestic law. This would therefore require the revision of both the Constitution and various laws, which constituted a large-scale reform process. 255. Regarding the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the head of delegation recalled that Monaco had only one jail, housing a yearly average of 30 detainees serving short-term sentences. No instances of mistreatment or poor living conditions had ever been recorded or even alleged. Therefore, the establishment of an independent visiting body did not seem appropriate for the situation of Monaco, which would therefore not commit to it. The definition of torture derived from the Constitution. Monaco adhered to the Convention against Torture and was party to the International Covenant on Civil and Political Rights (which also prohibited torture in article 7), the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, all of which were integrated in domestic law. Therefore, although the law did not provide for a definition of torture, judges may directly refer to article 1 of the Convention against Torture; acts of torture were punished in the criminal code since 1967. Today, no instances of such treatment were considered by the tribunals and the criminal procedure code made explicit reference to the Convention against Torture. 256. With regard to a national human rights institution, Monaco had reopened a national discussion after the review by the Working Group, but was not of the view that such an institution was needed. Indeed, its responsibilities were currently performed by the human rights cell, the Médiateur and existing rights to appeal. The Médiateur was competent for disputes between individuals and the administration, and legal recourses were available for any individual or corporate body residing in Monaco, without distinction based on citizenship or wealth, and with the possibility of legal aid. 2. Views expressed by Member and observer States of the Council on the review outcome 257. Algeria commended the dialogue between Monaco and the Working Group. Algeria also commended Monaco for its interest in international cooperation, notably through the acceptance of the recommendation to increase its public aid to 0.7 per cent of its GNP by 2015. Algeria thanked Monaco for its explanation regarding its recommendation on adhesion to ILO. Algeria commended the measures adopted by Monaco regarding the education, health and housing of migrant workers, but considered that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was the most comprehensive international instrument in this regard. Although 100

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