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 3

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