A/HRC/12/3 page 11 penalties. The same applied to invasion of privacy, as demonstrated by the case involving Princess Caroline of Hanover brought before the European Court of Human Rights, which had recognized the right of the Princess to privacy. 52. The concept of banishment was still included in the Penal Code, but that punishment was never imposed and was in the process of being abolished. Refoulement was an administrative and not a judicial act taken by the Minister of State in respect of repeat offenders in cases of violence against persons and property. That was not a policy connected with clandestine migration. 53. Violence against women did not constitute a specific offence at the present time, but the Principality was considering the establishment of a new category of offence for all members of a household who might be victims of violence, irrespective of the type of relationship between the individuals. That text would shortly be voted upon by the Monegasque Parliament. 54. Concerning women victims of violence, for the time being the judicial authorities penalized assault according to the ordinary law. There was also a societal response consisting of victim support for the ending of cohabitation, as appropriate including the provision of separate accommodation when assault was committed against one of the spouses. 55. The Constitution provided that Monegasques should be given priority with respect to employment, but only on the basis of comparable professional skills, and it recognized freedom of labour for foreigners without any difference of treatment. Among foreigners, the law gave priority in employment to those residing in the Principality. Figures for the composition of the active population in the Principality showed that 900 of some 45,000 employees in the private sector were Monegasque nationals, which demonstrated the lack of discrimination against foreigners. All social benefits associated with the status of employee were the same, irrespective of nationality. 56. The opposition of the Principality of Monaco to joining ILO had originated in trade union law, but discussions were in progress with the unions to amend the provisions concerned, which would enable the question of joining ILO to be approached differently. 57. With regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the figures given earlier provided reassurance regarding the access of foreigners to employment. Labour inspectors carried out regular checks to enforce labour law and act against undeclared labour or any form of exploitation of foreigners. Special attention was paid to nationals of sparsely represented States who might experience difficulties in access to housing, and the Principality did its best to help them in that respect. 58. With regard to accession to the Convention on the Rights of Persons with Disabilities, Monaco’s small size had enabled it to provide substantial and long-standing support for disabled persons. It was intended to reflect that reality in a draft framework law that should be finalized in 2009, whereupon Monaco could contemplate acceding to the Convention.

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