A/HRC/12/3
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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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