A/HRC/12/3
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45. The head of the Monegasque delegation welcomed the opportunity to respond to the
questions raised. The Principality of Monaco had signed the Rome Statute of the International
Criminal Court, but had not ratified it. Nevertheless, several legal studies were being conducted
to compare the provisions of that instrument with Monegasque norms. Some legal discrepancies
had been identified which required amendments to the Constitution and the law - a long and
complex process involving wide-ranging reform.
46. With regard to the International Convention for the Protection of All Persons from
Enforced Disappearance, the Principality had signed that instrument, but the various provisions it
contained required an amendment to Monegasque law. Studies were under way to analyse the
compatibility of that Convention with internal law.
47. With respect to the Optional Protocol to the International Covenant on Civil and Political
Rights, the fact that Monaco was a party to the Covenant meant that its provisions were included
in Monegasque law and were applicable and could be directly invoked before the national courts.
The decisions of the Monegasque courts demonstrated the importance attached to those
provisions. However, the eventualities covered by that Protocol had neither been noted nor
alleged in Monegasque territory.
48. There was no national human rights institution, and the Monegasque delegation had taken
note of States’ recommendations in that regard. However, there were various bodies performing
the functions of such an institution. The Human Rights Unit had a variety of tasks all concerned
with the promotion of human rights: it reviewed and made proposals on all draft legislation in
the light of human rights principles; it arranged human rights training and awareness-raising for
civil servants, magistrates and policemen; and it contributed to the preparation of reports to the
international human rights bodies and the relevant replies. In addition, awareness-raising about
human rights was organized for pupils in final grade on the occasion of Human Rights Day.
49. There was also a mediator attached to the Minister of State who was responsible for
reviewing applications for reconsideration and finding a friendly solution according to law or
equity. The protection of human rights was ensured by the free exercise of judicial remedies for
alleged violation of the provisions of the International Covenant on Civil and Political Rights by
anyone residing in Monegasque territory.
50. With reference to minors in conflict with the law, the Principality of Monaco had a
prison which was designed to receive minors in detention (mostly temporary detention). At
least 10 minors were incarcerated there every year, for an average stay of less than 28 days.
Maximum arrangements were made to protect minors, who never came into contact with adults
and had twice as much exercise time as adults. Educational activities were conducted by the
Principality’s best teachers, according to the minor’s level of schooling.
51. With regard to freedom of expression and attacks on the sovereign family or the
Sovereign Prince, the authorities’ approach to those questions reconciled freedom of the press
with the protection due to all individuals, including members of the sovereign family. Like
everyone else, members of the princely family were entitled to respect for their privacy and
moral integrity. Proceedings had been brought only in rare instances and had resulted in token
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