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Monaco - Initial reports of States parties due in 1995: Addendum [2000] UNCRCSPR 10; CRC/C/28/Add.15 (4 July 2000)
UNITED NATIONS
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|
CRC
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|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/28/Add.15 4 July
2000
ENGLISH Original: FRENCH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Initial reports of States parties due in 1995
Addendum
MONACO
[9 June 1999]
GE.00-43260
(E)
CONTENTS
Paragraphs Page
Introduction 1 -
10 5
I. GENERAL MEASURES OF APPLICATION 11 - 13 6
A. Measures
taken to harmonize national law and policy
with the provisions of the
Convention 11 - 12 6
B. Measures to make the initial report of Monaco
widely
available to the public at large 13 6
II. DEFINITION OF
THE CHILD 14 - 40 6
A. Age of majority and age of franchise
15 6
B. Degree of independence of minors 16 -
40 6
III. GENERAL PRINCIPLES 41 - 55 10
A. Non-discrimination
41 - 43 10
B. Best interests of the child 44 - 46 10
C. The
right to life, survival and development 47 - 50 10
D. Respect for the
views of the child 51 - 55 11
IV. CIVIL RIGHTS AND FREEDOMS 56 -
70 11
A. Name and nationality 56 - 61 11
B. Preservation of
identity 62 - 63 12
C. Freedom of expression
64 13
D. Access to information 65 13
E. Freedom of
thought, conscience and religion 66 13
CONTENTS (continued)
Paragraphs Page
F. Freedom of association
and of peaceful assembly 67 - 68 13
G. Protection of privacy
69 13
H. The right not to be subjected to torture or
other
cruel, inhuman or degrading treatment or punishment 70 14
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 71 - 96 14
A. Family
benefits 71 - 73 14
B. Parental guidance 74 14
C. Parental
responsibilities 75 - 76 15
D. Separation from parents 77 -
78 15
E. Family reunification 79 - 81 15
F. Recovery of
maintenance for the child 82 15
G. Children deprived of their family
environment 83 - 84 16
H. Adoption 85 - 88 16
I. Illicit
transfer and non-return 89 - 90 16
J. Abuse and neglect, including
physical and psychological
recovery and social integration 91 -
95 17
K. Periodic review of placement 96 17
VI. HEALTH AND
WELFARE 97 - 112 18
A. Survival and development
98 18
B. Disabled children 99 - 103 18
CONTENTS (continued)
Paragraphs Page
C. Health and health
services 104 - 107 19
D. Social security 108 -
111 20
E. Standard of living 112 20
VII. EDUCATION, LEISURE
AND CULTURAL ACTIVITIES 113 - 141 21
A. Education, including
vocational training and
guidance 113 - 128 21
B. Aims of
education 129 - 136 23
C. Leisure, recreation and cultural activities
137 - 141 24
VIII. SPECIAL PROTECTION MEASURES 142 -
179 25
A. Children in situations of emergency 142 -
158 25
B. Children in conflict with the law 159 -
174 27
C. Children in situations of exploitation,
including
physical and psychological recovery and social
reintegration
175 - 178 29
D. Children belonging to a minority or an
indigenous
group 179 30
Annex: List of legal and other
documents used in the preparation
of the report 31
Introduction
- The
Principality of Monaco acceded to the Convention on the Rights of the Child
(with one declaration and one reservation) on 21 June
1993; the Convention came
into force in Monaco on 21 July 1993. As a State party, Monaco is submitting
its initial report to the
Committee on the Rights of the Child in accordance
with article 44 of the Convention.
- Monaco
is an independent and sovereign State adjoining a number of communes of
the French department Alpes-Maritimes. It has a Mediterranean
coastline.
The total area is 195 hectares, of which approximately 40 have been
reclaimed from the sea over the last 20 years. It
comprises a single
commune, Monaco, whose boundaries coincide with those of the
State.
- The
population of 29,972 includes 122 nationalities: 5,070 Monegasques,
12,047 French, and 5,000 Italians (source: most recent official
census,
1990).
- French
is the official language, but Italian and English are also widely understood and
spoken. The Monegasque vernacular is used
by older inhabitants and taught to
the younger generation at school. It may be studied as a baccalaureate
option.
- The
official currency is the French franc. Monegasque coins of the same
denominations as French coins will remain in circulation
until 2002. Monaco
introduced the euro on 1 January 1999, despite being a third
country in relation to the European Union and thus
with regard to the process of
monetary union leading to the creation of a euro zone. Monaco subsequently
intends to issue coins
denominated in euros bearing a Monegasque
design.
- The
State religion is Roman Catholicism, but freedom of worship is guaranteed under
article 23 of the Constitution.
- The
Constitution of 17 December 1962 declares that Monaco is a sovereign State
within the framework of the general principles of international law
and special
conventions with France. The principle of government is a hereditary,
constitutional monarchy.
- The
executive power, which derives from the high authority of the Prince, is
exercised by the Secretary of State assisted by a Conseil
de Gouvernement
(Government Council) composed of three councillors. The Conseil national
(Parlement), comprising 18 elected representatives
chosen by Monegasques on the
basis of universal suffrage, enacts legislation. Every year, the Government has
an opportunity to explain
and clarify its policy in the course of a
parliamentary debate on the Budget Act.
- The
1962 Constitution enshrines the principle of the independence of the judiciary
and states that the legality of administrative measures shall be supervised
by a
special body, the Supreme Court. It also emphasizes rigorous respect for human
rights and abolishes the death penalty.
- There
is also an elective municipal council responsible for running the city of Monaco
(population register, hygiene, community development,
etc.).
I. GENERAL MEASURES OF APPLICATION
A. Measures taken to harmonize national law and policy with
the provisions of the Convention (art. 4)
- Monegasque
law and policy are already based on the fundamental principles embodied in the
Convention. In accordance with the spirit
of the Convention and articles 4 and
34 thereof, Act No. 1203 of 13 July 1998 supplemented article 265 of the
Criminal Code by authorizing
a custodial sentence of between six months and
three years and a fine for “any person who organizes or facilitates the
sexual
exploitation of minors under 18 within or outside the territory of
Monaco”.
- The
same Act supplemented article 8 of the Code of Criminal Procedure by empowering
Monegasque courts to try “any person guilty
of indecent assault or a
sexual offence against a minor outside Monaco, as provided for under articles
261-263 and 265, paragraphs
1, 2 and 5, of the Criminal Code, when the person is
present in Monaco”.
B. Measures to make the initial
report of Monaco widely available
to the public at large (art. 44,
para. 6)
- The
Government intends to forward this report to the Monegasque Press Centre and to
publish it on Monaco’s official Web site
(monaco.gouv.mc) for the benefit
of the public at large, non-governmental organizations (NGOs) and relevant
associations in the Principality.
II. DEFINITION OF THE CHILD
- Under
Monegasque law, a “child” is any human being under 21 years of age,
unless the specified age of majority is lower
pursuant to relevant
legislation.
A. Age of majority and age of franchise
- Article
410-1 of the Civil Code establishes that the age of majority, following which a
person is free to perform all acts of civil
life, is 21 years. Article 53 of
the Constitution establishes that the age of franchise, whereupon a person may
exercise political rights, and specifically the right to vote, is also
21.
Hence anyone under 21 years of age is considered a minor. However, this strict
rule is relaxed somewhat by a number of laws
which specify the differing degrees
of independence enjoyed by minors.
B. Degree of independence of minors
1.
Emancipation
- A
minor may be emancipated by his parents, or by the Family Council if under
guardianship, at the age of 18 (Civil Code, art. 403
et seq.). A minor is
automatically emancipated when he or she enters into marriage, which is possible
at the age of 18 for men and
15 for women (Civil Code, arts. 117 and
403).
2. Rules governing the status and capacity of
persons
- The
age of majority of aliens residing in Monaco is that specified under their
national legislation. Hence a French national attains
majority at the age of
18.
3. Special provisions
(a) Legal counselling
- Legal
counselling is not referred to in a specific instrument. It is not considered
to be prejudicial to the interests of the child
and accordingly is sanctioned by
use. In practice, counselling of this kind is extremely rare, because children
who are experiencing
problems, even of a legal nature, will naturally turn to a
social agency that is much more accessible and closer to them, for example
their
school or community.
(b) Medical counselling
- There
are no instruments that refer specifically to medical counselling. However,
young children must undergo mandatory medical check-ups.
Throughout their
schooling, all children are monitored by the school medical service. They are
free to consult school-based physicians,
nurses and psychologists at no
charge.
- The
social services and community-based organizations also have individuals who are
trained to listen to children and direct them
towards an appropriate physician
if necessary. Free and anonymous AIDS testing is available to minors and adults
alike.
- There
is nothing comparable to a family planning service in Monaco. The sale of
contraceptive medicines and products to minors may
be subject to conditions.
Contraceptive devices (condoms) are sold
openly.
(c) Compulsory education
- Children
must attend school from age 6 to age 16 inclusive (Act No. 826
of 14 August 1967). Primary and secondary education is free
(Constitution, art. 27).
(d) Employment
- Children
may enter employment as soon as they complete their compulsory schooling, i.e.
from the age of 16. An exception is made
for children working under the direct
supervision of their mother or father in establishments employing family members
only (Minimum
Employment Age Act (No. 719) of 27 December
1961).
- Working
hours for minors under the age of 18 are restricted by articles 13 bis,
13 ter, and 13 quater of Statutory Order No. 677 of 2
December 1959, as amended on this point by Act No. 844 of 27 June 1968 and
Act No. 1067 of 28 December
1983. The total number of hours worked must not
exceed 8 hours a day or 39 hours a week.
- Night
work is prohibited, without exceptions. The minimum duration of rest periods is
specified, and it is forbidden to employ minors
in a hazardous or stressful
working environment (Ministerial Order No. 58-168 of 29 May 1958). There are
currently no regulations
on part-time employment.
- All
aspects of the right to work, including apprenticeship agreements, are currently
being reviewed with a view to undertaking a thorough
overhaul of legislation.
Special attention will be paid to the situation of
minors.
(e) Sexual relations
- Sexual
relations, even consensual, with a minor under 15 are considered an indictable
offence punishable by imprisonment of up to
10 years depending on circumstances.
Heavier penalties are envisaged for the exercise of coercion or if the offence
is committed
by defined categories of persons.
- Thus,
children under 15 cannot validly consent to have sexual relations. The partner
is liable to punishment. A minor may face prosecution
if he or she has sexual
relations with another minor under 15. Sexual relations with girls aged between
15 and 21 are punishable
if the girl or her parents file a complaint, and if
deception or abuse of authority were used to induce her to engage in such
relations.
- The
offence is expunged by marriage.
(f) Marriage
- Under
article 117 of the Civil Code, men under the age of 18 and women under the age
of 15 may not enter into marriage. Nevertheless,
the Prince may grant exemption
from this age requirement when compelling grounds exist.
- The
consent of both spouses is necessary for a marriage to take place (Civil Code,
art. 116). Furthermore, the consent of either
parent or, in some cases, of
an ascendant, the Family Council or the guardianship judge, is required before a
minor may enter into
marriage (Civil Code, arts. 118-122).
- Minors
may conclude a marriage contract in the presence of persons authorized to
consent to the marriage. When such persons are not
present, the contract may be
annulled at the minor’s request when the minor attains the age of majority
(Civil Code, art. 1139).
(g) Voluntary enlistment in the
armed forces and conscription
- There
is no military service in Monaco. Minors are not admitted into the paramilitary
police force (carabinieri and fire brigade).
(h) Giving
testimony in court
- In
civil cases, minors over the age of 15 may testify on the same footing as
adults. Other legally incompetent persons, including
minors under the age of
15, are not required to take an oath in order to testify (Code of Civil
Procedure, art. 334).
- In
criminal cases too, minors over the age of 15 may testify on the same footing as
adults. Children under the age of 15 may only
testify as privileged witnesses
without taking an oath (Code of Criminal Procedure, art. 134).
- It
is normal in Monegasque courts to hear child witnesses from the age of 13. This
is merely custom, as the child is under no obligation
to
testify.
(i) Criminal liability
- The
age of criminal liability is 18 years. Thereafter, young persons may be tried
and sentenced as adults. Children aged under 13
are not criminally liable, and
hence cannot be convicted under criminal law. For minors aged between 13 and
18, the penalty for
a serious indictable offence may not exceed 20 years’
imprisonment. The penalty for a lesser indictable offence must be no
more than
half the sentence that would have been imposed on an adult over 18
(Criminal Code, art. 46).
- Act
No. 740 of 25 March 1963 establishes a special procedure for the prosecution and
sentencing of young offenders. The role of the
investigating judge is assumed
by a guardianship judge. The investigation focuses on the sociological and
psychological examination
of the young offender. Specific penalties are
envisaged for minors: reprimands, release under parental supervision, release
under
surveillance, and placement in an appropriate establishment. When a
custodial sentence is handed down, a minor is detained separately
from adult
offenders and segregated from other persons at night.
(j) Consumption of alcohol
- It
is illegal to sell or supply alcoholic beverages to minors under the age
of 20 in public premises. Minors under the age of 18
unaccompanied by
their parents are barred from establishments serving alcoholic beverages after
2200 hours. It is nevertheless true
that alcoholic beverages are openly
available in retail outlets and may be consumed freely on private
premises.
(k) Use of controlled substances
- The
production, preparation, transport, traffic, sale, possession, acquisition and
use of all controlled substances is illegal. The
maximum penalty for any of
these offences is 20 years’ imprisonment. The penalty may be doubled when
the offence involves
intent to facilitate the use or possession of controlled
substances by a minor under 21 (Act No. 890 of 1 July
1970).
III. GENERAL PRINCIPLES
A. Non-discrimination
(art. 2)
- Article
17 of the Constitution states that all Monegasques are equal before the law.
Aliens in Monaco enjoy all public and private rights that are not strictly
reserved for Monegasque nationals (Constitution, art. 32). Although the
Constitution stipulates that Monegasques enjoy preferential access to employment
and bestows on them the right to social benefits, education and
the right of
peaceful assembly and association, exactly the same rights are granted to
resident aliens.
- Accordingly,
all children residing in Monaco are entitled to free primary and secondary
education in the compulsory State school system.
In addition, Monaco’s
schools provide free education for many foreign children living in neighbouring
regions of France and
Italy.
- For
children as well as adults, there is no discrimination on grounds of race,
colour, sex, language, religion, political views, origin,
financial situation,
or any other factor.
B. Best interests of the child (art. 3)
- The
best interests of the child are the prime consideration in all decisions
affecting children. For example, these interests are
pursued by judges not only
through the instruments which specifically cite them, but also through inquiries
by social welfare agencies,
expert psychological reports, and the views of
minors themselves when the law allows the judge to hear their testimony
directly.
- Under
article 214-2 of the Civil Code, any person who has raised a minor may be
granted a right of access to the said minor if such
access is in the
child’s interest. Under article 318 of the Civil Code, educational
support measures may be revoked at any
time if the minor’s interests so
require.
- Article
404 of the Civil Code states that, in the event of disagreement between the
parents, the guardianship judge shall rule on
the emancipation of the minor in
accordance with the minor’s interest. Article 406 of the Civil Code
states that emancipation
by the Family Council must be in the best interests of
the child.
C. The right to life, survival and development (art.
6)
- Abortion
is prohibited and punishable under article 248 of the Criminal Code. However,
the proximity of the French border and the
lack of any controls mean that a
pregnancy may be terminated in France in accordance with French
law.
- There
is currently no regulation of in vitro fertilization or artificial
insemination. However, the protection of pregnant women and young children is a
priority of family policy.
- The
maternity unit at the Princess Grace Hospital, which is equipped to the highest
standards, caters to women from Monaco and neighbouring
communes in France.
Pregnancy, childbirth, and early childhood are all subject to mandatory medical
supervision.
- Social
security schemes cover the medical costs associated with pregnancy and
childbirth. Parents receive a child benefit allowance
to help them raise their
children.
D. Respect for the views of the child (art. 12)
- By
definition, a minor does not possess full civil or political capacity. He or
she cannot therefore validly enter into contracts
or take decisions on his or
her own behalf. However, the law does envisage certain scenarios in which
children must express their
opinion, agreement, or consent, and certain
procedures in which they must take the initiative.
- Thus,
under article 229 of the Civil Code, the consent of an illegitimate child over
the age of 15 is required for a change of name
pursuant to paternal recognition
and a joint declaration by the parents to this effect.
- Under
article 249 of the Civil Code, consent to legitimizing adoption is required from
a child aged 15 or over at the time the relevant
application is filed. Article
271 of the Civil Code stipulates that consent to simple adoption is required
from a child aged 15
or over at the time the relevant application is
filed.
- The
views of the child also need to be heard and protected when the child’s
interests do not coincide with those of his or her
legal guardian. In such
cases, under article 306 of the Civil Code, it is the duty of the legal
guardian to ensure that an administrator
is appointed on an ad hoc basis by the
guardianship judge for all acts of civil life.
- Under
article 833 of the Code of Civil Procedure, a minor may petition a guardianship
judge for educational support measures, as provided
for by articles 317322 of
the Civil Code. Article 835 of the Code of Civil Procedure states that the
guardianship judge may hear
the views of the child when deciding on a measure of
educational support. Article 836 of the Code of Civil Procedure states that
the
guardianship judge’s ruling must be communicated to the child.
Article 844 of the Code of Civil Procedure stipulates that
the minor may
appeal the ruling within eight days of being notified of the judge’s
decision.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
1. The right to a name
- Articles
44-50 of the Civil Code specify the conditions in accordance with which a birth
certificate must be prepared for a child.
This officially recorded instrument
must be drawn up within four days of the birth (art. 44). It must always
indicate the child’s
name. When the identity of the parents is unknown, a
name shall be given by the registrar (art. 47).
2. The child’s right to know and be cared for by his
parents
- Generally
speaking, a birth certificate should indicate the name of the child’s
parents (art. 46, para. 1). However, the birth
certificate of a child born
out of wedlock need not indicate the name of either parent; alternatively, the
name of only one of the
parents may be indicated (art. 46, para. 2). The
parents of a foundling may remain unidentified notwithstanding a thorough police
inquiry conducted at the request of the courts.
- A
mother also has the option of leaving her newborn child with the social welfare
services and requesting that her identity be kept
secret. In such cases no
reference is made on the birth certificate to the identity of the parents (art.
47).
- The
child’s right to be cared for by its parents is not explicitly referred to
in the law, since this right flows from the aggregate
of rules governing family
law. Nevertheless, in certain serious cases established by law, and always with
the child’s interests
in view, the judge may remove a child from the care
of its parents and entrust it to the care of a third person or an institution.
Additionally, the law provides for a system of guardianship in the event of the
parents’ death or legal incapacity (Civil
Code, arts.
333-402).
3. The right to acquire nationality at birth
- The
following reservation was entered in connection with this right when the
Convention was ratified: “The Principality of
Monaco declares that this
Convention, especially article 7, shall not affect the rules laid down in
Monegasque legislation regarding
nationality”. There are therefore no
plans to amend the law in this respect.
- This
right is strengthened by the Convention on Certain Questions relating to the
Conflict of Nationality Laws, signed at The Hague
on 12 April 1930, under which
signatory States pledge to prevent cases of statelessness. Accordingly, any
child of unknown parentage
found in Monegasque territory is considered to be
Monegasque. However, in addition to children born in Monaco of stateless
parents,
a child born either in or outside Monaco of a Monegasque mother not
meeting the requirements of article 1 of the Nationality Act
shall be
deemed stateless if the father fails to recognize the child or cannot transmit
his nationality to the child. The latter
scenario is currently dealt with under
the naturalization procedure when the child reaches the age of
majority.
B. Preservation of identity
- Breaches
of the Civil Code in connection with the declaration of births and the
preparation of birth certificates are punishable by
a prison sentence and a
fine, in accordance with articles 281 and 282 of the Criminal Code. The
substitution of one child for another
is a criminal offence under article 280 of
the Criminal Code.
- The
falsification of a civil status certificate is a criminal offence under articles
91 and 92 of the Criminal Code. However, there
exist cases in which the name of
a child may be legitimately changed, for example in the event of adoption or
acknowledgement of
parentage subsequent to a child’s
birth.
C. Freedom of expression (art. 13)
- There
is no specific provision guaranteeing freedom of expression for minors (adults
are guaranteed the same freedom under article
23 of the Constitution). Modern
teaching methods and current lifestyles allow children considerable scope to
express themselves freely.
D. Access to information (art. 17)
- Information
is free and accessible to all without age restrictions. However, young children
are prohibited from viewing certain films
of a violent or pornographic nature,
and it is prohibited to show or sell material depicting pornography or extreme
violence to minors.
Offences against morality are proscribed by article 26 of
an Order on Freedom of the Press dating from 3 June 1910.
E. Freedom of thought, conscience and religion (art.
14)
- There
is no specific provision guaranteeing these freedoms for children. Once again,
adults exercise these freedoms by virtue of
article 23 of the Constitution. The
right of “parental authority” bestowed on parents by the Civil Code
enables them to choose their children’s
style of upbringing and religion.
However, parental excesses of any kind such as would endanger a child’s
life, health or
upbringing, provide sufficient grounds for a guardianship judge
to intervene.
F. Freedom of association and of peaceful assembly (art.
15)
- The
minor’s status of a person under legal disability precludes him or her
from occupying the position of leader of an association.
However, the
participation of a minor as an ordinary member of an association is permitted to
the extent that parental consent is
assumed.
- More
than 20 cultural, sports, and humanitarian associations are specially targeted
at young people and bring together over 30 per
cent of the minors in Monaco.
Membership of such associations enables them to develop their personality and
sense of responsibility.
All these associations are subsidized by the
State.
G. Protection of privacy (art. 16)
- The
right to respect for privacy and family life is guaranteed by article 22 of the
Constitution. Article 22 of the Civil Code specifies that this right is
safeguarded for any person living or dead, hence for children as well
as adults.
Violations of privacy and family life are punishable by imprisonment and a fine
under articles 3082 and 308-5 of the Criminal
Code. Protection of
children’s privacy does not prejudice the right of parents to monitor and
supervise their children.
H. The right
not to be subjected to torture or other cruel, inhuman
or
degrading treatment or punishment (art. 37 (a))
- Capital
punishment has been abolished in Monaco. Cruel, inhuman or degrading treatment
is proscribed by article 20 of the Constitution. Minors cannot be sentenced to
life imprisonment. Corporal punishment does not exist. Moreover, Monaco
acceded to the United Nations
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (New York, 1984) on 6 December
1991.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Family benefits
1. Family benefits
- A
family benefits scheme enables Monegasques to receive financial assistance in
the form of:
(a) Family loans for “young couples”
helping them to set up home;
(b) Maternity grants payable at the birth
of a child;
(c) A monthly lone-parent allowance payable to women raising
children on their own;
(d) A monthly non-working mother’s
allowance is payable to women who discontinue gainful employment in order to
stay at home
to raise a child.
- Additionally,
in order to facilitate their entry into the labour force, a special allowance
was introduced in 1988 for first-time
job-seekers who have ties to the
Principality of Monaco (young people aged 17 to 25).
2. Early childhood establishments
- A
number of special establishments (daycare centres and occasional care centres)
cater for more than 300 children aged between three
months and three years from
families living in Monaco or, in some cases, children of persons who live in
neighbouring communes but
work in Monaco. Following a discussion, it has been
noted that the trend is towards medium-capacity establishments (maximum 30-50
places) and the development of other child-minding facilities.
B. Parental guidance (art. 5)
- There
are no specific provisions on this topic in Monegasque law. However, parents or
other legal guardians have the right and the
duty to provide the most balanced
upbringing possible for children. Monaco naturally considers that the
principles enshrined in
the Convention are an integral part of the upbringing
which parents must provide for their children.
C. Parental responsibilities (art. 18, paras. 1-2)
- Monegasque
law refers to the concept of “parental authority” rather than
parental responsibility. Article 300 of the
Civil Code specifies that children
are subject to the authority of their parents until they reach the age of
majority. It is normally
the father who exercises parental authority (Civil
Code, art. 301), and the mother “collaborates with her husband in ensuring
the moral and material direction of the family ... raising the children and
preparing their establishment in the Principality”
(Civil Code, art. 182).
In the event of impediment or the death of the father, this authority is
exercised by the mother alone (Civil
Code, art. 301 et seq.).
- The
Civil Code provides for the intervention of the guardianship judge in cases
where a child’s interests are likely to be seriously
compromised. Lastly,
as indicated elsewhere, Monaco has a full range of public and private
institutions dedicated to the protection
of children and child
development.
D. Separation from parents (art. 9)
- Monegasque
law fully conforms to article 9, paragraphs 1-3, of the Convention. As to
paragraph 4, it should be borne in mind that
there is no capital punishment in
Monaco. Persons deprived of their liberty are held in the Principality’s
sole correctional
establishment, the remand prison. Their place of detention is
therefore widely known.
- Articles
180 and 181 of the Code of Criminal Procedure, supplemented by the General
Prison Regulations, specify the conditions under
which prisoners may send and
receive correspondence and be seen by visitors. On an exceptional basis and in
serious cases, the investigating
judge may order a remand prisoner to be held
incommunicado for up to 15 days. However, this stricture does not apply to
defence
counsel, who have unrestricted face-to-face and written contact with
prisoners at any time (Code of Criminal Procedure, arts. 180-183).
Family
members are thus kept fully informed of the prisoner’s status at all
times.
E. Family reunification (art. 10)
- Under
article 78 of the Civil Code, the domicile of an unemancipated minor is that of
the person exercising guardianship. Consequently,
any person lawfully domiciled
in Monaco may bring into the Principality any child in his or her care and
reside therein with the
said child.
- Furthermore,
nobody is prevented from leaving Monegasque territory, except persons
provisionally released on bail under supervision
(Code of Criminal Procedure,
art. 187 et seq.).
- The
child’s right to maintain personal ties and direct regular contact with
both parents when they live in different States
is respected without any
constraints, except for restrictions imposed by a court
decision.
F. Recovery of maintenance for the child (art. 27, para.
4)
- On
28 June 1961 Monaco acceded to the Convention on the Recovery Abroad of
Maintenance (New York, 20 June 1956). Under domestic law,
parents are obliged
in all cases, even after divorce, to contribute to the maintenance and
upbringing of their children (Civil Code,
art. 206-20). When alimony or a
contribution has been determined pursuant to a court decision, the parent who
fails to meet his
or her obligations is liable to a custodial sentence of
between three months and a year and a fine for wilful neglect of family members
(Criminal Code, art. 296).
G. Children deprived of their family environment
- Articles
333-402 of the Civil Code deal with the guardianship of children whose parents
have died, are not known or have forfeited
their parental authority.
Guardianship is conferred on a family member and is exercised under the
supervision of a Family Council
comprising the parents and relatives by marriage
or friends of the mother or father, under the direction and guidance of the
guardianship
judge. In the absence of anyone who could be appointed as
guardian, guardianship vests in the State.
- Act
No. 32 of 15 June 1920 deals with arrangements for children at Monaco’s
orphanage, which is no longer in existence. The
social services currently use a
special children’s home, the Foyer Sainte-Dévote, for children
deprived of their parents
or placed by court order.
H. Adoption (art. 21)
- Adoption
is regulated by Part VIII of the Civil Code (Adoptive descent). Adoption is
ordered by a judge following an evaluation of
the adoptive parents and the
situation of the child. Adoption must be in the child’s
interests.
- Simple
adoption enables a child to retain his or her rights in the family of origin.
It may be revoked by a court on serious grounds;
when the application to revoke
is made by the adopter, the adoptee must be aged over 15. Legitimizing adoption
is irrevocable; in
such cases, adoptive descent is substituted for direct
descent.
- The
Office of Health and Social Promotion prepares the case files of future adopters
prior to adoption. The Office then approves
or turns down requests for adoption
in the light of medical, social and psychological reports and police inquiries.
Approximately
10 requests are approved each year.
- The
law does not distinguish between the adoption of Monegasque and foreign
children. Adoption takes place in an international context.
In the near future
Monaco intends to accede to the Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry
Adoption of 29 May 1993.
I. Illicit transfer and non-return (art. 11)
- The
abduction of a child is punishable by up to 20 years’ imprisonment in
certain cases (Criminal Code, arts. 280, 290 and 292).
Failure to hand over a
child to the persons entitled to its custody is punishable by 5-10 years’
imprisonment (Criminal Code,
art. 289).
- When
a ruling has been handed down concerning the guardianship of a child, a parent
who fails to hand the child over to the persons
entitled to its custody is
liable to a custodial sentence of between three months and a year, in addition
to a fine (Criminal Code,
art. 294). The illicit transfer of children abroad,
usually following the parents’ divorce, is a problem that needs to be
resolved on a case-by-case basis between the national authorities concerned.
There are a number of cases currently outstanding which
have yet to be settled
in a satisfactory manner.
J. Abuse and neglect,
including physical and psychological
recovery and social
integration (arts. 19 and 39)
- Under
articles 280 et seq. of the Criminal Code, abandonment of a child is an offence
punishable by up to five years’ imprisonment.
The killing of a child
(infanticide) is punishable by life imprisonment. However, if the crime is
committed by the mother, the
punishment is limited to 20 years’
imprisonment (Criminal Code, art. 227).
- Assault
and battery, deprivation of care or food, or any form of duress exercised
against a child under the age of 15 are punishable
by imprisonment of between
one and five years and a fine. If the offence has serious consequences, the
sentence may be extended
to 10 years (Criminal Code, art. 243). When the
offence is committed by the parents or a person having authority over the child,
a maximum prison term of 20 years can be imposed (Criminal Code, arts. 244 and
245). The sentence can be increased to life imprisonment
in the event of the
death of the child or intent to cause the death of the child (Criminal Code,
art. 246).
- As
has been indicated above, rape or indecent assault of a minor is punishable
under articles 260-273 of the Criminal Code by up to
20 years’
imprisonment. The same sentence applies for inciting minors to immorality or
prostitution.
- In
addition, Act No. 1203 of 13 July 1998 supplemented article 265 of the Criminal
Code by authorizing imprisonment of between six
months and three years and a
fine for “any person who organizes or facilitates the sexual exploitation
of minors within or
outside the territory of Monaco”. The same Act
supplemented article 8 of the Code of Criminal Procedure empowering Monegasque
courts to try “any person guilty of indecent assault or a sexual offence
against a minor outside Monaco ... when the person
is present in
Monaco”.
- Whenever
a child is the victim of physical or psychological duress or actions which
endanger its health or upbringing, the guardianship
judge and social services
make appropriate arrangements for supervision.
K. Periodic review of placement (art. 25)
- Protective
measures in respect of minors ordered by the guardianship judge may be amended
or revoked at any time if the minor’s
interests so dictate (Civil Code,
art. 318). When a child is ordered to be placed in an approved school, the
person responsible
for executing the order must submit reports on the
child’s progress to the judge at intervals determined by the latter (Civil
Code, art. 319). The conditions of placement of children in care are subject to
ongoing supervision. Inspection visits must be
carried out at least once a
year.
VI. HEALTH AND WELFARE
- It
should be stressed at the outset that the provisions of the Convention,
particularly article 24, have little relevance to Monaco,
a small European State
that is one of the most highly developed countries in the
world.
A. Survival and development (art. 6, para. 2)
- This
point has already been addressed in section III (c) dealing with
general principles (paras. 4750).
B. Disabled children (art. 23)
1.
Commissions for disabled children
- Two
bodies have responsibility for disabled children:
The Child Guidance Commission established under the Education Act (No. 826)
of 14 August 1967, which advises on the placement of disabled
children
in special classes or specialized institutions.
A Commission established under Sovereign Order No. 10.127 of 3 May 1991
concerning social measures for disabled persons. This Commission,
acting on a
proposal by a school medical inspector, determines the degree of permanent
disability of handicapped persons.
2. Facilities for disabled minors
(a) Facilities for the mentally handicapped
- In
schools, article 4 of the Education Act (No. 826) of 14 August 1967
stipulates that “special education incorporating a general
and vocational
element, adapted to individual capacities, may be offered to children who, by
reason of their physical or mental state,
are unsuited to receive an education
under normal conditions (...)”. To this end, developmental education
classes have been
organized at the primary school level and a specially-adapted
general and vocational education section has been instituted at the
junior
secondary school level.
- A
medical-cum-social institution located in France, the Child Guidance Institute,
caters for handicapped children. Under the terms
of a convention adopted
on 29 February 1972, 10 places in this institution are reserved for
children and young persons from Monaco
aged between 3 and 20 with behavioural
problems or mild maturation difficulties. In addition to schooling and the
encouragement
of personal development and socialization, the institute offers
rudimentary vocational training. A cooking workshop has been opened
with a
donation of 300,000 francs from the Principality of Monaco to mark the
700th anniversary of the Grimaldi dynasty. The welfare
institutions overseeing
the education of disabled children cover all the non-residential and residential
costs associated with the
placement of minors in special
institutions.
(b) Facilities for physically handicapped
persons
- Monaco’s
schools are able to accommodate physically handicapped children of school age.
A special centre run by a local association
for the physically handicapped
caters for children in this category during the school
holidays.
3. Benefits for minors with disabilities
- With
regard to non-cash benefits, minors with disabilities are covered by the social
insurance arrangements of the person caring for
them. As far as cash benefits
are concerned, Sovereign Order No. 10.127 of 3 May 1991, cited above,
established a special education
grant and two supplements (category I and
category II supplements) payable to disabled children whose parents reside in
Monaco.
There are currently 17 beneficiaries of this grant.
C. Health and health services (art. 24)
- There
is no family planning service in Monaco.
1. Early childhood and day-care attendants
- A
day-care attendant scheme has been in operation since 1991. It is reserved for
children in delicate health whose parents have irregular
working hours.
Children are looked after at the day-care attendant’s home. In this
connection, a study is being carried out
in collaboration with the relevant
public establishments and the Office of Health and Social Promotion with a view
to possible relaxation
of the terms and conditions governing the work of daycare
attendants. A scheme is also being coordinated with Monaco’s daycare
centres to enable daycare attendants to temporarily supervise children who are
unable to attend collective establishments owing to
illness. In such cases the
day-care attendant would look after the child at the parent’s
home.
2. Children in school; preventive health in the school
environment
- The
School Medical Inspectorate carries out annual inspections of the various
establishments which cater for Monaco’s 6,000
schoolchildren. Meetings of
physicians are convened throughout the academic year at the initiative of the
Office of Health and Social
Promotion to discuss the principal problems
encountered in Monaco’s schools, namely AIDS and smoking. Antidrugs
presentations
are organized for teachers and pupils alike. Anti-drugs measures
will be reinforced by training for teachers and school administrative
staff, who
will also serve as contact persons.
3. Outside schools; prevention of drug abuse in sporting
activities
- Young
persons wishing to take up sports and to participate in competitive events are
monitored from time to time by a sports medical
centre. The centre intends to
organize an awarenessraising campaign in sports clubs and schools on the dangers
of doping and drugtaking
in sports.
D. Social security (art. 26 and art. 18, para.
3)
1. The right to social security and social
insurance
- Children
do not have a personal, independent or general right to benefits under a social
security scheme; they are eligible for benefits
as dependants of their caregiver
(Family Benefits Act (No. 595) of 15 July 1954). Coverage is linked to current
or past employment.
There are a number of social security schemes covering
practically the entire population of Monaco. Certain groups, however, are
not
covered by a compulsory social security scheme (persons living on unearned
income, company directors, and certain widows or divorced
women not in
employment). These individuals can take out private insurance or, depending on
their nationality, fall back on benefits
offered under French or European
law.
- So
long as the head of household contributes to a social insurance scheme, his
dependent children benefit from his social security
coverage if they reside in
Monaco or the French department of Alpes-Maritimes (medical or educational
benefits excluded). Benefits
are payable up to age 16 (school-leaving age); 17
if the young person enrols with the Employment Service as a jobseeker; and 21 if
the young person continues in full-time education beyond schoolleaving age,
undertakes vocational training, or is unable to work
through illness or
unsuitability for employment. Plans are currently being made to extend the
duration of social insurance coverage.
2. Free medical care
- Children
who are not eligible dependents of a social insurance contributor may
nevertheless qualify for assistance and public relief
through the Welfare
Assistance Office provided they meet the conditions laid down in Act No. 335 of
19 December 1941, by which the
Office was established. Beneficiaries may be
Monegasque or foreign nationals who have lived at least five years in Monaco, or
nationals
of a State that has concluded a mutual assistance treaty with the
Principality (Act No. 335, art. 7). Under article 23 of the Convention
relating
to the Status of Refugees of 28 July 1951, to which Monaco is a signatory,
medical assistance must also be extended to refugees
claiming this
status.
- This
assistance scheme for needy persons is not a social security scheme. However,
given that article 26 of the Convention stipulates
that benefits should be
granted taking into account the resources of the child and persons responsible
for the maintenance of the
child, the medical assistance offered by the Welfare
Assistance Office could be regarded as a useful top-up to the Monegasque social
security system if it could be applied to all children lacking automatic
entitlement to social insurance coverage. Accordingly,
minors under the age of
18 could be excused the five-year residence requirement stipulated by Act No.
335 when registering as financial
hardship cases, thereby granting them
entitlement to free medical care.
E. Standard of living (art. 27, paras. 1-3)
- As
indicated above, Monaco’s standard of living is one of the highest in the
world. Parents, assisted if necessary by the social
services, have the means to
provide a standard of living necessary for the physical, mental, spiritual and
social development of
their children.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A.
Education, including vocational training and guidance (art. 28)
1.
The child’s right to education on the basis of equal opportunity (art.
28, para. 1)
(a) Compulsory and free primary education for all
- Section II,
paragraph 8, of the Education Act (No. 826) of 14 August 1967 (Compulsory
school attendance) states that all children
who have reached the age of six must
attend school. Furthermore, schooling in public educational institutions is
free of any charge.
- Pursuant
to this provision, all six-year-olds in Monaco without exception attend either
public or private establishments under contract
to the Principality.
Furthermore, owing to the considerable number of nonMonegasque residents, some
30 per cent of the school population
comprises over 50 different nationalities
in addition to French; these pupils are fully integrated into the Monegasque
education
system.
(b) General and vocational secondary
education for all
- Article
8 of the Education Act further requires all young persons to continue their
schooling up to the age of 16. In the context of compulsory school attendance
and with a view to developing the potential and capacities of each child,
general secondary education, vocational education and practical
training are
offered in Monaco’s various educational establishments.
- Schooling
is free in public educational establishments, but financial assistance for
families is also available in the form of school
meals grants, school-based
solidarity funds, and local authority grants.
- The
Education Act also offers secondary-school students the opportunity to perfect a
foreign language of their choice through special courses, and
to participate in
work-experience schemes to help them map out a career
path.
(c) Access to higher education on the basis of capacity
by every appropriate means
- The
general curriculum enables all students in Monaco to qualify for access to
higher education. With the exception of higher educational
courses, in
business, hotel management and secretarial work, arrangements have been made to
enable students to enter the French system
of higher education on the same
footing as French nationals (as per article 21 of the FrancoMonegasque
Convention on goodneighbourliness,
signed at Paris on 18 May
1963).
- Through
its scholarship scheme, the Monegasque Government covers some of the costs
incurred by students pursuing a general or technical
education, thereby enabling
them to realize their personal educational plans. Various scholarships are also
awarded, subject to
various conditions, by different foundations and
associations.
(d) Educational and vocational guidance
available and accessible to all children
- The
right to guidance and information occupies a central place in the guaranteed
universal right to education. In the course of their
academic career, students
are required to draw up their own academic and vocational plan. Schools and
educational counselling services
help students to make the choices that this
plan entails. Every secondary school in Monaco has careers officers who work
with the
teaching staff to help students formulate their personal
plans.
- In
addition, the National Education Information Centre offers young people and
adults a range of material in both paper and electronic
form. It also dispenses
advice and maintains an updated list of addresses to satisfy all information
requirements.
- Finally,
students have the opportunity to attend careers fairs and forums and meet
persons employed in various fields, thereby enabling
them to refine their
personal goals through dialogue with people who have real experience of the
workplace.
(e) Measures to encourage regular attendance at school and reduce drop-out
rates
- Articles
11-13 of the Education Act (No. 826) provide for rigorous monitoring of absence
by means of roll-calls, the reporting of
all unannounced absences to the
child’s legal guardian, and the incitation of criminal proceedings against
legal guardians
who prevent their children from attending
school.
- At
the secondary-school level, compulsory school attendance is supplemented by a
monitoring system which obliges students to attend
school regularly. The school
rules of each educational establishment penalize students who absent themselves
without justification.
Secondary-school pupils thus learn to assume
responsibility for themselves and answer for their actions to the head of the
establishment.
- When
a student is repeatedly or unjustifiably absent, the teaching staff tries to
ascertain the reason by initiating a dialogue with
the student, thereby dealing
with potential risk situations before they occur.
2. School discipline (art. 28, para. 2)
- All
forms of corporal punishment are prohibited in Monaco’s schools and
disciplinary measures against students who infringe
rules are purely
administrative in nature. These measures are outlined in the rules of the
establishment and students, parents and
teachers are accordingly aware of their
respective rights and duties.
3. International cooperation in matters relating to education (art. 28,
para. 3)
- In
order to give young people in Monaco some appreciation of the problems and needs
of developing countries, the Government endeavours
to involve students in
projects implemented under its own auspices or through national and
international humanitarian organizations.
- Thus,
at the initiative of the Monegasque Government, a number of schools, colleges,
dispensaries, and even lifework centres have
been built in various countries
with educational needs (for example, Madagascar and the
Niger).
B. Aims of education (art. 29)
- The
aims listed in article 29 of the Convention are fully taken into account in
Monaco. The means used to achieve these goals are
described
below.
- The
development of the child’s personality, talents and mental and physical
abilities to their fullest potential
- At
all levels, preschool, elementary or secondary, education is directed first and
foremost at the child’s physical, intellectual
and moral
development.
- Article
4 of Act No. 826 also stipulates that suitable education shall be provided for
children who are unable to attend school under
normal conditions owing to a
physical or mental handicap.
- In
order to develop the child’s personality, talents and mental and physical
abilities to their fullest, education includes
moral, civic, artistic and
sporting elements. Sports are practised under medical supervision and are
adapted to the individual capacities
of each child.
- The
development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United
Nations
- Civic
education is part of the curriculum at all levels. Thus, core instruments such
as the Declaration of the Rights of Man and
the Citizen, the Convention on the
Rights of the Child, and the Charter of the United Nations may be studied at
different levels
throughout the child’s school career. The purpose of
this study is to make children aware of the responsibility of each member
of
society, to make them think about human values and the norms of community life,
and to teach them to promote the concepts of peace
and solidarity upheld by
international organizations.
- The
development of respect for the child’s parents, his or her own cultural
identity, language and values, for the national
values of the country in which
the child is living, the country from which he or she may originate, and for
civilizations different
from his or her own
- Article
6 of Act No. 826 makes provision for study of the history of Monaco and the
political, administrative, economic and social
organization of the Principality.
Teaching of the Monegasque language is compulsory at primaryschool level, and
optional at the secondaryschool
level. The study of human civilization and
world geography enables children to understand the role of civilizations
different from
their own, and foreigners to appreciate the value of their own
civilization.
- The
preparation of the child for responsible life in a free society, in a spirit of
understanding, peace, tolerance, equality of sexes,
and friendship among all
peoples, ethnic, national and religious groups and persons of indigenous
origin
- This
goal of the Convention is the same as that of Monaco’s educational
curriculum.
5. The development of respect for the natural
environment
- Through
a variety of national programmes, Monegasque schoolchildren are given a regular
opportunity to participate in special days
and events focusing on the
environment and respect for the natural world. They also participate in
international events, for example
the 1997 international conference on
children and sustainable development in the Mediterranean, which was attended by
a delegation
of Monegasque children aged between 10 and 12. They gave a number
of presentations on special features of the Monegasque environment,
various
types of pollution and biodiversity.
C. Leisure, recreation and cultural activities (art.
31)
- The
right to rest and leisure, to engage in play and recreational activities
appropriate to the age of the child
- The
National Education Committee, established pursuant to the Education Act (No.
826), is competent to advise on all questions concerning
education and teaching,
and one of its duties is to draw up school timetables and set the dates of
school holidays. Periods of rest
and leisure are therefore built into the
school calendar.
- Outside
the school environment, Ministerial Order No. 58168 of 29 May 1958 concerning
special occupational health and safety measures
for women and children and the
Minimum Employment Age Act (No. 719) of 27 December 1961 lay down the statutory
rights of children
in respect of the right to leisure.
- The
right to participate fully in cultural life and the arts: appropriate
opportunities for cultural, artistic, recreational and
leisure
activity
- In
order to enable all young people in Monaco to participate fully in artistic and
cultural life, the Government has taken a number
of initiatives targeted
specially at children.
- Initially,
the Government intends to give each child the opportunity to learn about and
better understand cultural life and the arts
by ensuring that the school
curriculum envisages participation by each class in major cultural and artistic
events. The introduction
of a “youth pass” giving young people
access to numerous shows and events at reduced rates is another way of
initiating
young people into cultural and artistic life.
- The
Office of National Education, Youth and Sports has introduced a scheme whereby
young people can subscribe to a “sports and
culture pass” during the
summer holidays with a view to enabling them to participate in recreational,
artistic and cultural
activities. For an affordable allinclusive monthly
payment, the pass enables all children to participate in a wide range of
activities.
Thus, with the cooperation of numerous sports, cultural and youth
associations, a policy has been put in place that favours equal
access to
leisure activities.
VIII. SPECIAL PROTECTION MEASURES
A. Children in
situations of emergency
1. General measures
(a) Social welfare action to help young people
- The
Office of Health and Social Promotion directs and coordinates social welfare
action.
(i) The Medical and Social Department of the Office of
Health and Social Promotion
- The
social workers in this Department currently monitor 32 children and adolescents
at open institutions as directed by a guardianship
judge. These workers, who
are employed by the State, are responsible for monitoring families in difficulty
and helping them to raise
their children. Medical and social monitoring has
been strengthened through coordination with structures that have been
established
in recent years.
(ii) Medical and social units
- The
Medical Psychological Centre, which was established in 1993 and is supervised by
the Office of Health and Social Promotion, caters
for children attending school
in Monaco. Its services are free. The personnel includes two child
psychiatrists and three psychologists,
a psychomotor therapist, a
psychotherapist, a nurse, a speech therapist, a social worker and a medical
secretary. The Centre treats
200 children a year.
- The
Medical and Social Prevention Unit, which was established in 1995 and is
supervised by the Office of Health and Social Promotion,
provides free treatment
to people with an alcohol or drugsrelated problem. These people are treated by
a medical and social team
working under the medical supervision of a
psychiatrist. The service provides methadone, on prescription and free of
charge, to
residents of Monaco.
(iii) Residential accommodation
- Organized
as a public establishment by Statutory Order No. 4.681 of 15 February 1960, the
Foyer SainteDévote comprises a residential
unit and a halfway house. The
residential unit accepts children from the age of three and adolescents who
cannot remain in their
family environment. The unit houses 14 children. The
halfway house is intended for young people who have spent some years in
residential
care; it may be regarded as the final stage before complete
independence. These “grownup” adolescents, monitored by
special
social workers, are housed in seven different parts of
Monaco.
- New
measures have been taken to facilitate the integration of young people once they
leave the halfway house. Each young person is
made accountable by signing a
development goal contract, in return for which he or she receives support from
various administrative
services that can ease his or her integration into the
labour force.
(iv) Foster families
- The
failure of corrective measures involving the parents owing to serious
dysfunction or the presence of risk factors in a child’s
home environment,
necessitate the placement of some children with foster parents. Only a
guardianship judge may order placement
of a child in an approved foster
family.
(b) Contributions from voluntary
organizations
(i) In Monaco
- Voluntary
groups in Monaco, in partnership with the Government, perform valuable social
welfare work in the Principality.
- The
various sections of the Monegasque Red Cross are involved in a wide range of
activities. A number of sections focus on the needs
of young people, namely,
the social service, the first aid section, the junior section, and the daycare
centre and nursery school.
- Young
people’s groups include Kids’ Helpline, SOS MothersToBe, and the
Monegasque Association for the Assistance and Protection
of Disabled
Children.
(ii) Humanitarian cooperation
- Aided
financially by the Government, four Monacobased associations channel the gifts
or bequests which they receive into projects
in developing countries, with
special emphasis on projects involving children. They are the Monegasque Red
Cross, Mission Enfance,
the Association mondiale des amis de l’enfance
(World Association of Children’s Friends), and Monaco Aide et
Présence.
- In
order to increase the effectiveness of and enhance cooperation between public
and private initiatives, the Government has signed
a number of conventions with
Monacobased voluntary groups and groups with an international
profile.
(2) Refugee children (art. 22)
- Monegasque
law makes no special provision for refugee children. The protection of refugees
and stateless persons in Monaco is regulated
by Sovereign Order No. 996 of
2 August 1954, which gives legal effect to the United Nations
Convention relating to the Status of
Refugees (Geneva, 28 July
1951).
- Monaco
has passed no regulations specifically relating to refugees. The position of
the Monegasque Government is identical to that
of France, pursuant to the
FrancoMonegasque Convention on goodneighbourliness of 18 May 1963. Under this
instrument, Monaco recognizes
that an individual has the status of a refugee or
stateless person provided that this status has been previously and officially
granted
by the French Office for the Protection of Refugees and Stateless
Persons. This recognition is embodied in a French travel document
and a pass
issued by the Office. Accordingly, refugees may enter, stay or establish
themselves in Monaco only if their refugee status
has been legally recognized by
the French Government. Furthermore, the consideration of all applications to
reside in Monaco is
subject to the granting of a visa by the French consulate at
the applicant’s place of residence.
- The
specifically Monegasque element in matters concerning refugees, as stipulated in
article 28 of the Order referred to above, is
a travel document issued by the
Permanent Secretary of the Monegasque Ministry of State. This document, which
is issued to persons
who reside in Monaco and whose status as refugees or
stateless persons has been duly recognized, is identical to a Monegasque
passport
and makes no mention of the bearer’s nationality. It is
officially recognized by the international community. Although such
travel
documents have indeed been issued in the past, the peculiar status of Monaco
specifically the diminutive size of its territory
means that such
documents are rarely issued in practice.
- The
French Office for the Protection of Refugees and Stateless Persons handles the
cases of refugees or stateless persons who have
settled in Monegasque
territory.
3. Children affected by armed conflicts (arts. 38 and
39)
- Subsidies
and financial assistance are provided to humanitarian organizations which may or
may not specialize in the protection of
children.
B. Children in conflict with the law
1. Administration of justice for minors (art. 40)
- The
principles proclaimed in article 40 of the Convention are respected in
Monegasque law. They apply not only to minors, but to
all persons brought
before the courts. Some of these principles even have the status of
constitutional law.
- Upon
ratifying the Convention, Monaco entered the following reservation to article
40, paragraph 2 (b) (v):
“The Principality of Monaco interprets article 40, paragraph 2 (b) (v),
as stating a general principle which has a number
of statutory exceptions.
Such, for example, is the case with respect to certain criminal offences. In
any event, in all matters
the Judicial Review Court rules definitively on
appeals against all decisions of last resort.”
Decisions handed down by the Criminal Court cannot be appealed per se, but may
be subject to an appeal on points of law before the
Judicial Review Court.
- The
principle of non-retroactivity of criminal legislation and the principle of the
legality of the offence and the punishment (art.
40, para. 2 (a)) are guaranteed
under article 20 of the Constitution and article 4 of the Criminal
Code.
- The
presumption of innocence (art. 40, para. 2 (b) (i)) is a central principle of
the Monegasque legal order.
- All
persons are informed of the charges filed against them (art. 40, para. 2 (b)
(ii)) at their first appearance before an investigating
judge, or the
guardianship judge in the case of minors (Constitution, art. 19; Code of
Criminal Procedure, art. 166).
- Cases
involving minors, like adult cases, are dealt with by the judicial system
according to the rules laid down in the Code of Civil
Procedure and the Code of
Criminal Procedure, as appropriate, and the Young Offenders Act (No. 740) of 25
March 1963. No one may
be remanded in custody without first being examined by a
judge (Constitution, art. 19). The presence of a lawyer is mandatory for
minors
under the age of 18 (Code of Criminal Procedure, art. 166; Act No. 740, art. 8).
Parents, who are responsible for their children
under civil law, are always
examined by the investigating judge.
- Testimony
in criminal cases (art. 40, para. 2 (b) (iv)) is obtained from minors over 15 in
the same way as from adults. However,
minors under 15 may only be examined as
privileged witnesses, no oath being required (Code of Criminal Procedure, art.
134). Under
the Monegasque system, as in France, the investigation covers the
cases for the prosecution and the defence.
- A
person charged with an offence may under no circumstances be a witness in his or
her own case. Defendants shall be exempt from
taking an oath and may not even
be penalized for telling untruths. They may request the examination of any
witness who appears to
substantiate their case (Code of Criminal Procedure, art.
125). Under no circumstances shall they be made to confess
guilt.
- The
presence of an interpreter (art. 40, para. 2 (b) (vi)) is provided for at all
stages of proceedings (Code of Criminal Procedure,
arts. 139 and
327).
- Respect
for privacy (art. 40, para. 2 (b) (vii)), which is guaranteed in general terms
by article 22 of the Constitution, is reinforced by article 8 of Act No. 740 of
25 March 1963. This Act adapts the provisions of the Code of Criminal Procedure
to
the special case of minors (art. 40, para. 3).
- Under
article 46 of the Criminal Code, a child under the age of 13 is not criminally
responsible for his or her actions (Convention,
art. 40, para. 3
(a)).
- Pursuant
to Act No. 740 of 25 March 1963, legal proceedings in respect of
young offenders (art. 40, para. 3) may be simplified considerably.
Thus, even when an offence is legally substantiated, the Procurator-General may
decide, in the interests of the child, to drop
proceedings or to
confine himself to a simple reprimand (Act No. 740, art. 3). The guardianship
judge (Act No. 740, art. 7) and the
court (Act No. 740, art. 9) may also confine
themselves to a simple reprimand or the application of a special correctional
measure.
- Provisions
dealing specifically with minors (art. 40, para. 4) are contained in Act
No. 740. They range from termination of proceedings
or discharge,
reprimand, release under parental supervision, release under surveillance, and
placement in an appropriate establishment
to a maximum sentence which is
nevertheless reduced in consideration of the age of the offender (Act No. 740,
art. 9; Order No. 3031
of 12 August 1963, art. 5; Criminal Code, art.
46).
2. Treatment of children deprived of their liberty (art. 37, paras. (b), (c)
and (d))
- Minors
deprived of their liberty are placed in a separate unit at the remand prison.
They are segregated from other persons at night
and all contact with adult
prisoners is prohibited (Order No. 3031 of 12 August 1963, art. 9). All minors
must be assisted by a
lawyer, this assistance being free of charge (Criminal
Code, art. 166; Act No. 740, art. 8). Any decision involving deprivation
of
liberty may be appealed to the panel of judges of the Appeal Court. This body
must reach a decision within 10 days (Code of Criminal
Procedure, arts. 186 and
191).
3. Penalties for minors (art. 37, para. (a))
- Capital
punishment has been abolished under article 20 of the Constitution, which also
proscribes cruel, inhuman or degrading treatment. Article 46 of the Criminal
Code prohibits life imprisonment for minors
under the age of 18 (see paras. 37
and 38 on criminal liability, above).
4. Physical and psychological recovery and social reintegration (art.
39)
- The
Medical, Psychological and Educational Centre established by the Government
offers free consultations for minors in situations
of
risk.
C. Children in situations of exploitation, including physical
and
psychological recovery and social reintegration (art. 39)
1. Economic exploitation, specifically child labour (art. 32)
- Children
are obliged to attend school between the ages of 6 and 16 (Education Act
(No. 826) of 14 August 1967). As regards the minimum
age for admission to
employment, children may join the workforce once they are no longer under an
obligation to attend school, i.e.
at the age of 16, with the exception of
children working under the direct supervision of their mother or father in
establishments
employing family members only. Working hours are established by
articles 13 bis and 13 ter of Statutory Order No. 677 on Working
Hours (see paras. 23-26 on employment, above).
2. Use of controlled substances (art. 33)
- See
Section II, paragraph 40, on the use of controlled
substances.
3. Sexual exploitation and sexual violence (arts. 34 and 35)
- See
Section I (A) on measures to harmonize national law and policy with the
provisions of the Convention (paras. 11 and 12); Section
II (B) (3) on sexual
relations (paras. 27-29), and Section V (J) on abuse and neglect, including
physical and psychological recovery
and social integration (paras.
91-95).
4. The sale, trafficking and abduction of children (art. 35)
- See
Section V (I) on illicit transfer and non-return (paras. 89 and
90).
D. Children belonging to a minority or an indigenous group (art. 30)
- Monegasque
law contains no special provisions on this matter. The concept of
“national minority” does not exist in Monegasque
law and cannot
easily be applied to the Principality. Native Monegasques account for just
5,070 of Monaco’s 29,972 inhabitants;
consequently they form a minority in
their own country. Foreigners account for over 80 per cent of the Monegasque
population. There
are approximately 122 different nationalities living in
Monaco, the French and Italian communities being the
largest.
Annex
LIST OF LEGAL AND OTHER DOCUMENTS USED IN THE
PREPARATION OF THE REPORT
I. Constitution of 17 December 1962
II. Codes
Criminal Code (extracts)
Civil Code (extracts)
Code of Criminal Procedure (extracts)
Code of Civil Procedure (extracts)
III. Franco-Monegasque Convention on good-neighbourliness, signed at
Paris on
18 May 1963, given effect by Order No. 3039 of 19 August 1963
IV. Acts
Welfare Assistance Office (Establishment) Act (No. 335) of 19 December 1941
Family Benefits Act (No. 595) of 15 July 1954
Minimum Employment Age Act (No. 719) of 27 December 1961
Young Offenders Act (No. 740) of 25 March 1963 and Order No. 3031 of
12 August 1963 establishing the procedure for the application
thereof
Education Act (No. 826) of 14 August 1967
Licensed Pharmacist Act (No. 1029) of 16 July 1980
Social Benefits (Self-Employed Persons) Act (No. 1048) of 28 July 1982
Associations Act (No. 1072) of 27 June 1984 and Ministerial Order No. 84-582 of
25 September 1984 establishing the procedure for
application thereof
Nationality Act (No. 1155) of 18 December 1992 and Order No. 10-822 of
22 February 1993 establishing the procedure for application
thereof
V. Statutory orders and Orders
Statutory Order No. 397 of 27 September 1944 establishing a welfare services
compensation fund in the Principality of Monaco
Statutory Order No. 677 of 2 December 1959 on working hours
Statutory Order No. 3.725 of 26 December 1966 on social benefits for seamen
Statutory Order No. 4.681 of 15 February 1960 establishing a social welfare
institution for children (the Foyer Sainte-Dévote)
Order No. 4.739 of 22 June 1971 establishing benefit provisions for employees in
the event of illness, accident, maternity, disablement
and death (pursuant to
Statutory Order No. 397 of 27 September 1944)
Order No. 10.127 of 3 May 1991 on social welfare measures for disabled
persons
VI. Ministerial orders
Ministerial order No. 58-168 of 29 May 1958 concerning special occupational
hygiene and safety measures for women and children
Ministerial order No. 68-125 of 12 March 1968 on admittance of minors to
establishments serving alcoholic beverages
VII. Education statistics*
_________
* The education statistics may be consulted in the archives of the
secretariat.
_ _ _ _ _
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