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.

<span class="mw-page-title-main">Human rights in the Soviet Union</span> Overview of the observance of human rights in the Soviet Union

Human rights in the Soviet Union were severely limited. The Soviet Union was a totalitarian state from 1927 until 1953 and a one-party state until 1990. Freedom of speech was suppressed and dissent was punished. Independent political activities were not tolerated, whether they involved participation in free labor unions, private corporations, independent churches or opposition political parties. The citizens' freedom of movement was limited both inside and outside the country. The state restricted citizens' rights to own private property.

Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.

<span class="mw-page-title-main">Human rights in Japan</span> Overview of the observance of human rights in Japan

Japan is a constitutional monarchy. According to Ministry of Justice (MOJ) figures, the Japanese Legal Affairs Bureau offices and civil liberties volunteers dealt with 359,971 human rights related complaints and 18,786 reports of suspected human rights violations during 2003. Many of these cases were ultimately resolved in the court. Human rights issues occur in present-day Japan, as modernization history of Japan only reached in the non-humanity areas with the rise of military expansion of Empire of Japan in the 20th century.

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Bulgaria joined the European Union in 2007, its compliance with human rights norms, however, is far from perfect. Although the media have a record of unbiased reporting, Bulgaria’s lack of specific legislation protecting the media from state interference is a theoretical weakness. Conditions in Bulgaria’s twelve aging and overcrowded prisons generally are poor. A probate reform in mid-2005 was expected to relieve prison overcrowding.

<span class="mw-page-title-main">Human rights in the Middle East</span> Middle east human rights

Human rights in the Middle East have been shaped by the legal and political development of international human rights law after the Second World War, and their application to the Middle East. The 2004 United Nations Arab Human Development Report (AHDR) claimed that although Arab-Islamic tradition does hold unique importance for ideas of human welfare, History has proven that "they were not sufficiently prevalent in society to foster a culture based on a political contract, and allow for the legitimacy of differences of opinion, dialogue and transfer of power." Issues of the validity of democracy in the region and human rights are at the very centre of the challenges facing Middle Eastern society today.

<span class="mw-page-title-main">LGBT rights in Monaco</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Monaco may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Monaco. However, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">Asylum in the United States</span> Overview of the situation of the right for asylum in the United States of America

The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.

<span class="mw-page-title-main">Pre-trial detention</span> Detention after arrest and charge until a trial

Pre-trial detention, also known as preventive detention, provisional detention, or remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

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Liechtenstein, a multiparty constitutional monarchy with a unicameral parliament and a government chosen by the reigning prince at its direction, is a prosperous and free country that is generally considered to have an excellent human-rights record.

<span class="mw-page-title-main">Freedom of speech by country</span>

Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of government censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.

The history of human rights in Argentina is affected by the Dirty War and its aftermath. The Dirty War, a civic-military dictatorship comprising state-sponsored violence against Argentine citizenry from roughly 1976 to 1983, carried out primarily by Jorge Rafael Videla's military government. However, the human rights situation in Argentina has improved since.

The issue of human rights in Tanzania, a nation with a 2012 population of 44,928,923, is complex. In its 2013 Freedom in the World report, Freedom House declared the country "Partly Free".

The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973 to 1985 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.

Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice will not apply to people under 18. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. These include waging war against Bangladesh, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. The Code of Criminal Procedure 1898 provides that "he be hanged by the neck until he is dead." For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted.

Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov); applying equally in Denmark proper, Greenland and the Faroe Islands, and through the ratification of international human rights treaties. Denmark has held a significant role in the adoption of both the European Convention on Human Rights and in the establishment of the European Court of Human Rights (ECHR). In 1987, the Kingdom Parliament (Folketinget) established a national human rights institution, the Danish Centre of Human Rights, now the Danish Institute for Human Rights.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

<span class="mw-page-title-main">Judicial system of the Islamic Republic of Iran</span> One of the three forces in Islamic republic of Iran

The Islamic Republic of Iran was founded after the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, and its legal code is based on Islamic law or sharia, although many aspects of civil law have been retained, and it is integrated into a civil law legal system. According to the constitution of the Islamic Republic, the judiciary in Iran "is an independent power". The entire legal system—"from the Supreme Court to regional courts, all the way down to local and revolutionary courts"—is under the purview of the Ministry of Justice, but in addition to a Minister of Justice and head of the Supreme Court, there is also a separate appointed Head of the Judiciary. Parliamentary bills pertaining to the constitution are vetted by the Council of Guardians.

Human rights in Hungary are governed by the Constitution of Hungary, laws passed by the National Assembly, and oversight of international organizations such as the Council of Europe. Human rights groups such as Amnesty International and Human Rights Watch have raised concern for the status of human rights in Hungary under the rule of Viktor Orbán and the Fidesz party since 2010.

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)
  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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