Human rights in Monaco

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Flag of Monaco

Monaco is a country governed by a sovereign prince and a National Council, who cooperate on all legislative procedures. The country had elections in 2013, which international observers declared legitimate. [1] Monaco has established policy that protects human rights. Nevertheless, there has been pressure from various parties to improve said rights in the country. [2]

Contents

There have been several recent cases of prisoner mistreatment in Monaco, [3] including prison facilities that have allegedly failed to provide sufficient recreation time for prisoners. In addition, several large organizations such as the Council of Europe's European Committee for the Prevention of Torture have been active in reviewing the prison system in the country. [4] Other issues include the preservation of national security, wherefore the country maintains voice recordings of anybody engaged in organized crime. [5]

Civil liberties

Freedom of expression

The country supports freedom of expression of its citizens, a right that is protected by the Constitution. Government authorities generally respect this right. However, the Monegasque Penal Code prohibits, inter alia , any public criticism of the ruling family. [6] [7]

Freedom of religion

Cathedral Monaco BW 2011-06-07 16-07-20.jpg
Cathedral

Roman Catholicism is the official religion of the state, with about 95% of Monegasques following the faith. Monaco is part of the Diocese of Gibraltar. The law allows full freedom of religion. [8] The state has one cathedral, a synagogue, and five Catholic churches. [9]

Freedom of movement

For the most part, residents of Monaco can move freely within the small area comprising the country. [10] Certain regulations concern the right of Monegasques to work in adjacent countries. [11] The Monegasque enjoy special rights relating to repatriation and the acquisition of foreign citizenship. [12] As an example, while the state can revoke the nationality of a Monegasque for cause, such as naturalization in a foreign country, the prince has the power to restore citizenship after consulting with the Crown Council. [13]

As to refugees, the government applies the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. [14] Monaco has several arrangements with France regarding political asylum of refugees, subject to [6] French constitutional stipulations.

Criminal justice system

Trial

There are three levels of judicial power in Monaco, which handle both civil lawsuits and criminal law. They include: [15]

Constitutional Rights in Monaco

The Constitution of Monaco protects its citizens from arbitrary arrests or trial, and from detention when a person is not suspected of a crime. [16] Basic rights include a requirement that law enforcement authorities bring a person charged with a crime in front of a court of law within 24 hours. Monaco releases a significant portion of its detainees without bail. The investigating magistrate, though, may order the detention of an individual for as many as 120 days, based on investigative factors. Further, Monaco does not force its nationals into exile when suspected of a crime. [17]

Prisons

The prison system of Monaco has drawn criticism from various quarters worldwide. Though Monaco endeavors to provide suitable resources for criminals, shortcomings have been alleged regarding the country’s correctional facilities. [18] International human rights agencies have criticized Monaco for sending all long-term prisoner citizens to France, as well as the conditions in which prisoners detained more than 24 hours have been held. These include a lack of sufficient outdoor exercise or space for recreation; [19] [20] a lack of access to sunlight; and insufficient space for prisoners to keep their personal property.

The prison system in Monaco is controlled by independent, non-governmental parties such as CPT, [21] which conducts regular appraisals of the prisons in Monaco. From these examinations, relevant prison officials are tasked with maintaining and supporting human rights within the correctional system. [22]

Protection

The judiciary and Constitution of Monaco address instances of abuse, and provide solutions thereto. [23] [24] [25] [26] The constitution also grants certain rights to the 5,000 residents classified as Monegasque nationals: free education, financial help for those in need, and the right to elect officials and hold positions of national office. [27]

Children's rights

Monaco's government generally supports children's rights and welfare. Health care programs for the young are plentiful.[ citation needed ]

Demographic studies conducted in 2010 showed that the mortality rate for children under five years had fallen below 4%. Furthermore, 97% of children have access to resources such as clean drinking water. Children also receive sufficient vaccination against diseases. Abortion, legalized in Monaco in 2009, is restricted to cases involving severe health problems. [24] [28]

The state has universal, mandatory public education for children. Reports from UNICEF state that the educational system needs to further respect human rights, as well as comply with the convention against discrimination in schools. [29] The United Nations has made several recommendations for Monaco regarding legislation that further protects the rights of children.

Monaco actively promotes the right of children to not be enlisted in the military. [25]

Related Research Articles

Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.

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References

  1. ↑ Codling, Stuart (2019-04-16). The Life Monaco Grand Prix. p. 240. ISBN   978-0760363744.
  2. ↑ Colombi Ciacchi, Aure (March 2018). "Human Rights, Comparative Law and Global Governance". European Journal of Comparative Law and Governance. 5 (1): 1–4. doi: 10.1163/22134514-00501003 .
  3. ↑ Stephens, Mike (27 January 2014). Crime and Social Policy. doi:10.4324/9781315060958. ISBN   9781315060958.
  4. ↑ Brenda Ralph, Lewis (2011). Dark History of the Kings & Queens of England (2012 ed.). London N1 9PF UK: Amber Books Ltd. ISBN   9781908696342.{{cite book}}: CS1 maint: location (link)
  5. ↑ Szemerszky, Zsolt (21 January 2016). Living in Monaco (December 2015 ed.). ISBN   9781329847040.
  6. 1 2 Combs, Barbara (2014). From Selma to Montgomery : the long march to freedom. Routledge. ISBN   9780203081440.
  7. ↑ Wong, Edmund (2013-07-27). Post-Punk Perception: Living in the Social Milieu. Xlibris Corporation. ISBN   9781483672748.
  8. ↑ Lansford, Tom (2015). Political Handbook of the World 2015. New York: CQ Press. ISBN   978-1483371573.
  9. ↑ Juergensmeyer, Mark; Roof, Wade Clark (2012). Encyclopedia of Global Religion. Thousand Oaks, Calif. : SAGE. ISBN   9781412997898.
  10. ↑ Francesco, Cherubini (2015). Asylum law in the European Union. London, New York: Routledge. ISBN   9781315814421.
  11. ↑ Sassen, Saskia (2018). Cities in a world economy (Fifth ed.). Thousand Oaks, California: SAGE Publications. p. 440. ISBN   9781506362618. OCLC   1021062670.
  12. ↑ Williams, Yohuru (2015). Black power encyclopedia : from "Black is beautiful" to urban uprisings. New York: Routledge. ISBN   978-1440840074.
  13. ↑ Olsen, Espen D.H. (2012). Transnational Citizenship in the European Union : Past, Present, and Future. Bloomsbury Publishing. ISBN   978-1441116932.
  14. ↑ Zimmermann, Andreas; Machts, Felix; Dörsch, Jonas (27 January 2011). The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol : a commentary. Oxford University Press. ISBN   9780199542512.
  15. 1 2 Christensen, Mikkel; Levi, Ron (2018). International Practices of Criminal Justice : Social and legal perspectives (First ed.). Routledge. ISBN   9781315144788.
  16. ↑ Bregman, Alexandra (2019). The Bouvier Affair: A True Story. Alexandra Bregman. p. 224. ISBN   9781733834520.
  17. ↑ Clark, Janine (2014). International trials and reconciliation : assessing the impact of the international criminal tribunal for the former Yugoslavia. Abingdon, Oxon;Routledge. ISBN   9781317974758.
  18. ↑ Moran, Dominique; Morin, Karen M. (2015). Historical geographies of prisons : unlocking the usable carceral past. Routledge. p. 232. ISBN   9781315724997.
  19. ↑ "Christian Peacemaker Teams | Christian Peacemaker Teams".
  20. ↑ Stern, Kaia (2014). Voices from American Prisons. London: Routledge. p. 238. doi:10.4324/9780203374573. ISBN   9780203374573.
  21. ↑ Bennett, Jamie; Jewkes, Yvonne (2008). Dictionary of prisons and punishment. London: Willan. p. 416. doi:10.4324/9781843926009. ISBN   9781843926009.
  22. ↑ Coyle, Andrew; Fair, Helen; Jacobson, Jessica; Walmsley, Roy (2016). Imprisonment worldwide : the current situation and an alternative future. Policy Press. p. 170. ISBN   9781447331759. OCLC   944087538.
  23. ↑ Driessen, Michael Daniel (2014). Religion and democratization : framing religious and political identities in muslim and catholic societies. Oxford Univ. Press. ISBN   9780199329700. OCLC   885414567.
  24. 1 2 Edwards, Anne (2017). The Grimaldis of Monaco. Guilford, Connecticut: Globe Pequot Press. p. 368. ISBN   9781493029228. OCLC   1022117471.
  25. 1 2 Thompson, Wayne C., 1943- (2012). Western Europe 2012 (31st ed.). Lanham, MD: Stryker Post Publications. ISBN   9781610488976. OCLC   777602386.{{cite book}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  26. ↑ Miller, Banks; Linda, Keith; Jennifer S., Holmes (2015). Immigration Judges and U.S. Asylum Policy. America: university of Pennsylvania Press. ISBN   978-0190928247.
  27. ↑ Pardoe, Julia (2014). The Court and Reign of Francis the First, King of France. Cambridge: Cambridge University Press. doi:10.1017/cbo9781107450080. ISBN   9781107450080.
  28. ↑ Middleton, John. (2015). World monarchies and dynasties. Armonk, NY: Routledge. p. 1067. ISBN   978-0765680501. OCLC   681311754.
  29. ↑ "Children of Monaco". Humanium. Retrieved 2019-05-22.
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