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Monaco - Universal Periodic Review

UPR 31, November 12, 2018
Recommendations by Canada

Recommendations

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Thank you, Mr. President. Canada welcomes the steps taken by Monaco to enhance legal protections offered to same-sex couples.

Canada recommends that Monaco:

1. Open discussions with civil society groups and stakeholders on the sexual and reproductive rights of women and girls, repeal discriminatory legislation and decriminalize elective abortion.
2. Adopt mechanisms that regulate and promote equality between men and women, particularly in relation to pay equity, the participation and representation of women in the workplace.
3. Adopt a civil union agreement that grants equal rights from that of marriage to unmarried partners.

We welcome the steps taken to reduce discrimination against foreign workers by adopting new legislation in 2016 that allows French nationals of the region to work remotely. We also note the Principality’s positive contribution to helping and assisting the most vulnerable populations in developing countries.

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Monaco received 133 recommendations out of which 75 were accepted (a 53% acceptance rate). Canada’s previous recommendations to Monaco were related to domestic violence, the abolishment of the banishment penalty and discrimination against foreigners in the workplace.

Monaco’s human rights track record is generally well regarded. In 2013, Monaco inaugurated its first national human rights body which plays a role that has gained increased recognition by the authorities and civil society members in recent years.

Despite these positive notes, challenges remain. Monaco is one of the few countries in Europe where elective abortion remains illegal. The procedure is only allowed under specific circumstances. According to the World Health Organization, women undergoing the procedure as well as the service providers can be criminally sanctioned by the law.

In addition, there are currently no legal frameworks and no official data looking into equity between men and women in the workplace, in terms of pay, access to management positions or career development. Such mechanisms could help women identify themselves as victims and use the resources that are available to them.

While homosexuality has been de-penalized since 1793, same sex-marriage is not yet legal in the Principality. However, there has been significant progress in recent years, with the adoption in October 2016 of a “common partnership pact” which offers legal protections distinct from that of marriage to same sex couples.