Committee on the Rights of the Child

Sixty-fourth session

16 September–4 October 2013

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues to be taken up in connection with the consideration of the second and third periodic reports of Monaco (CRC/C/MCO/2-3)

The State party is requested to submit in writing additional, updated information, if possible before 1 July 2013.

The Committee may take up all aspects of children’s rights contained in the Convention during the dialogue with the State party.

Part I

In this section, the State party is requested to submit its responses to the following questions (30 pages maximum).

1.In the absence of information in the State party report on the general measures of implementation of the Convention, please indicate:

(a)The legislative texts adopted since the Committee’s previous concluding observations of 2001 (CRC/C/15/Add.158) to align national legislation with the Convention and specify the changes or amendments made to the way in which the civil authorities operate;

(b)Whether the State party has taken steps to withdraw its declaration and reservations to article 40, paragraph 2 (b) (v), of the Convention;

(c)Whether there is a body responsible for coordinating the implementation of the Convention among different Government advisors;

(d)Whether the State party has an overall policy or strategy with regard to children’s rights, with a concrete time frame;

(e)Whether there is an agency responsible for collecting and disaggregating data on children;

(f)The percentage of budgetary resources used to implement the Convention;

(g)The measures taken to disseminate the Convention to all sectors of the population;

(h)The role of non-governmental organizations in implementing the Convention and whether efforts have been made to promote the role of civil society in implementing children’s rights.

2.Please provide information on the steps taken to train judges, public prosecutors and all those working on issues related to children’s rights and juvenile justice. Please also indicate the efforts undertaken to ensure child-sensitive administration of justice.

3.In the light of the Committee’s previous recommendations (CRC/C/15/Add.158, para. 23), please indicate the efforts made to fully consider children’s views, in particular in judicial and administrative procedures affecting the child, in accordance with article 12 of the Convention.

4.Please indicate any measures planned to eliminate discrimination which could have negative repercussions for children, such as that between mother and father, pursuant to article 1 of Act No. 1.276 of 22 December 2003 and article 1 of Act No. 1.296 of 12 May 2005, on the transmission of citizenship to children. Please also indicate whether the State party has withdrawn the provisions of Act No. 1.296 of 12 May 2005 that prevent naturalized women from transmitting citizenship to their children in the event of divorce.

5.Please indicate the efforts made to ensure the right of every child, as far as possible, to know the identity of its parents, in particular in the case of children given up at birth.

6.Please indicate the measures that will be taken by the State party to combat all forms of violence against children, including corporal punishment, as mentioned in the Committee’s previous recommendations (CRC/C/15/Add.158, para. 27), and to expressly prohibit corporal punishment in all contexts. Please also indicate the specific measures taken to raise public awareness of the harmful effects of violence and corporal punishment on children and to promote positive educational methods.

7.Please state whether studies have been carried out into the existence of negative societal attitudes towards children with disabilities and the obstacles to integration faced by disabled children in society. Please indicate whether there has been an assessment of the living conditions and treatment of these children, in particular those who are placed in residential homes.

8.Please indicate the efforts made to ensure that domestic law and practice guarantee the same rights to free health care for Monegasque children and to other children residing in the State party, in particular children from disadvantaged backgrounds, as recommended by the Committee in its previous recommendations (CRC/C/15/Add.158, para. 35).

9.Please state all measures taken by the State party to facilitate adolescents’ access to confidential assistance and services in the area of reproductive health and to ensure that all adolescents have access to sexual and reproductive health education and an awareness of their rights in this area. Please also indicate the measures taken in the context of abortion to safeguard the best interests of pregnant girls and their right to be heard on decisions affecting them.

10.In the light of the Committee’s previous recommendations (CRC/C/15/Add.158, para. 43), please provide details on the efforts made to safeguard the rights of children working in family businesses, in particular their right to education.

11.Please describe the progress achieved in implementing the recommendations made in 2007 by the Committee under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC/C/OPAC/MCO/CO/1). Please specify the measures taken by the State party to:

(a)Establish its extraterritorial jurisdiction over war crimes which involve conscripting or enlisting children under the age of 15 into the armed forces, or using them to participate actively in hostilities, if such crimes are committed by or against a Monegasque national or a person who otherwise has a close link with the State party; and

(b)Ratify the Rome Statute of the International Criminal Court which the State party signed on 18 July 1998.

Part II

In this section the Committee invites the State party to provide a brief update (no more than three pages in length) on the information presented in its report regarding:

(a)New bills or laws, and their respective regulations;

(b)New institutions (and their mandates) or institutional reforms;

(c)Recently introduced policies, programmes and action plans and their scope and financing;

(d)Recent ratifications of human rights instruments.

Part III

Data, statistics and other information, if available

1.Please provide data for the last three years on the budgets allocated for children at the national, provincial and municipal levels (in absolute terms and as a percentage of the national budget and of gross domestic product) in the fields of education, health, social services and child protection.

2.Please specify the number of children with disabilities, disaggregated by age, sex, geographic location, socioeconomic background and type of disability and covering the last three years:

(a)Living with their families;

(b)Living in institutions in France and/or Monaco;

(c)Placed in foster care;

(d)Attending regular schools in France and/or Monaco;

(e)Attending special schools in France and/or Monaco;

(f)Not attending school.

3.Please provide, if available, statistical data on the number of:

(a)Children who have been victims of ill-treatment and abuse, as well as the number of complaints, investigations, prosecutions and convictions in this regard;

(b)Children who have been victims of sexual abuse and exploitation, including victims of trafficking, as well as the number of complaints, investigations and prosecutions carried out in this regard;

(c)Interfamilial and national adoptions and international adoptions, indicating the number of children coming from States parties to the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption; the number of children from countries not parties thereto, and the number of children adopted through the accredited body Monaco Adoption International;

(d)Suicide attempts and suicides among adolescents;

(e)Children under the age of 16 working in family businesses, disaggregated by age, sex, and socioeconomic background.

4.Please update any obsolete data in the report and provide information on recent developments concerning children’s rights.

5.In addition, the State party may list areas affecting children that it considers to be of priority with regard to the implementation of the Convention and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.