A/HRC/12/3 page 4 Constitution stipulated that the judicial power lay with the Prince, who delegated its full exercise to the courts and tribunals, thus giving them the exclusive right to judge in complete independence. 8. The Principality of Monaco was a State with a surface area of 2.2 km2 surrounded by French territory - hence the interweaving of economic and human relations between France and the Principality of Monaco, between which many bilateral agreements existed. That in no way detracted from Monaco’s sovereignty and independence with regard to the conduct of its internal affairs and its international relations. 9. The Principality of Monaco was a multicommunity society with a resident population composed of 123 nationalities. Notwithstanding the territory’s small size, they existed in harmony, and no xenophobic act or manifestation of antagonism had been noted, alleged or committed. Monegasques constituted some 20 per cent of the population. Those particularities justified a dual legal regime based on differences - and not on discrimination - which were embodied in constitutional and legislative norms governing the exercise of human rights. 10. The Constitution proclaimed that “the Principality is a State based on the rule of law and committed to respect for fundamental rights and freedoms”, which were enumerated in title III and corresponded to many rights contained in the main international instruments. 11. The Family Rights Act, No. 1278 of 2003, granted equal rights to the man and the woman in their relationship and with respect to children. Act No. 1336 of 2007 introduced divorce by mutual consent. Article 23 of the Constitution guaranteed freedom of worship and its public exercise. However, the apostolic Roman Catholic religion was the religion of the State. The same article guaranteed freedom of expression. Freedom of association was guaranteed by article 30 of the Constitution. 12. Since 1962, article 20 of the Constitution had guaranteed the principle of the lawfulness of criminal charges and penalties, forbidden retroactivity in criminal laws and prohibited cruel, inhuman and degrading treatment, as well as abolishing the death penalty. In 1991, the Principality of Monaco had acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 13. Article 19 of the Constitution guaranteed individual freedom and security, and that provision was applied in accordance with rules laid down in the Criminal Code and the Code of Criminal Procedure. The conditions of arrest and detention had been modified to conform to international standards by the “Justice and Freedom” Act of 2007, which prescribed rules for police custody (duration, competent judge and rights of the person in custody). 14. In general, the Constitution recognized the unconditional right of everyone to a judicial determination and guaranteed the independence of judges. The organization, jurisdiction and functioning of the courts, as well as the status of judges, were specified by law. A new law which was about to be voted upon would modernize that status. 15. Regarding freedoms whose exercise was conditional, the Constitution guaranteed the freedom of labour, the exercise of which was regulated by law, while granting Monegasques priority in access to public and private employment. However, persons residing in Monegasque