A/HRC/40/13
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 followup 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
GE.18-22679
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