*Out of a total of 3 persons.

XI.Gender-based violence against women

Reply to the question raised in paragraph 11

101.See question 6 (d).

102.The Committee for the Promotion and Protection of Women’s Rights, reporting to the Minister of State, was established by Sovereign Ordinance No. 7.178 of 25 October 2018. In accordance with article 2 of Sovereign Ordinance No. 7.178, its mission is to:

•“Coordinate, implement, monitor and evaluate national policies and measures to promote equality between women and men and to prevent and combat all forms of violence and discrimination against women, as provided for in the following conventions:

•Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, concluded in Istanbul, on 11 May 2011;

•Council of Europe Convention on Action Against Trafficking in Human Beings, concluded in Warsaw, on 16 May 2005;

•Convention on the Elimination of All Forms of Discrimination against Women, adopted in New York, on 18 December 1979;

•As part of its mission, the Committee coordinates the collection and analysis of relevant data, and dissemination of the results obtained;

•It is also able to develop relations with its counterparts in other States parties and to communicate directly with them;

•It oversees follow-up to the recommendations made by the international bodies responsible for ensuring States parties’ implementation of the conventions referred to in paragraph 1.”

103.The establishment of the Committee for the Promotion and Protection of Women’s Rights gives effect to the recommendation made by the Committee on the Elimination of Discrimination against Women, in its concluding observations on the combined initial to third periodic reports of Monaco dated 22 November 2017, that the State party should establish a national machinery for the advancement of women (see para. 20).

104.With regard to the criminalization of rape, Act No. 1.517 of 23 December 2021 reforming the provisions relating to the criminalization of sexual assault amended the legal definition of rape and other sexual assaults, such that it is now based on the lack of freely given and unequivocal consent, with a view to bringing Monegasque law in line with general recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, of the Committee on the Elimination of Discrimination against Women, and also article 36 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), signed by Monaco on 20 September 2012 and ratified on 7 October 2014.

105.Accordingly, article 262 of the Criminal Code, as amended by Act No. 1.517, stipulates that:

•“Rape is defined as the act of compelling another person to commit or undergo, without his or her consent, any act of sexual penetration or act involving oral-genital contact, of any kind and using any means;

•Anyone who commits the crime of rape shall be liable to a prison term of 10 to 20 years.”

106.Among the fundamental contributions of Act No. 1.517 is that it places the notion of lack of consent at the very heart of the definition of sexual violence offences, with the incorporation of an irrefutable presumption of lack of consent when the rape or sexual assault is committed on a minor under the age of 13 years (new art. 261-1, last para., of the Criminal Code) or when these offences are of an incestuous nature and committed on a minor of any age (new art. 261-2, last para., of the Criminal Code).

107.Through the adoption of Act No. 1.517 of 23 December 2021 reforming the provisions relating to the criminalization of sexual assault, the definition of rape provided for under the Criminal Code has therefore been expanded and refocused on the lack of consent by the victim, in accordance with the recommendations of the Committee on the Elimination of Discrimination against Women and the Group of Experts on Action against Violence against Women and Domestic Violence. Rape therefore now means an act of non-consensual sexual penetration, of any kind and using any means. This definition makes it possible to cover a wider range of situations, not only those characterized by the existence of threats, violence, coercion or surprise.

108.As a result of the investigative time lag, some reported incidents had not yet led to prosecution or conviction, at the time of data collection by IMSEE.

•In 2019, nine cases of sexual violence (including rape) against women were recorded by the Police Department. Three of those cases have resulted in legal proceedings in Monaco. No conviction has been handed down;

•In 2020, six cases of sexual violence (including rape) against women were recorded by the Police Department. Two of those cases have resulted in legal proceedings in Monaco. One conviction has been handed down;

•In 2021, four cases of sexual violence (including rape) against women were recorded by the Police Department. None of those cases has resulted in legal proceedings in Monaco;

•In 2022, eight cases of sexual violence (including rape) against women were recorded by the Police Department. None of those cases has resulted in legal proceedings in Monaco.

XII.Gender-based violence against women

Reply to the question raised in paragraph 12

109.The concept of “domestic violence” was introduced by Act No. 1.382 of 20 July 2011 on the prevention and punishment of specific forms of violence. It refers to “all forms of physical, psychological, sexual or financial violence or threats of violence committed by persons who are living or who have lived with the victim” (introductory article of the Act).

110.Based on a realistic approach to criminal law, Monegasque legislators wanted to address domestic violence in a comprehensive and factual manner, by targeting acts committed both between spouses and between individuals living together or having lived together in the past on a long-term basis.

111.Accordingly, Act No. 1.517 of 23 December 2021 reforming the provisions relating to the criminalization of sexual assault expanded the approach to domestic violence, whereby the act of living together (in the past or present) became an aggravating circumstance for rape, so that rapists who are spouses, partners, cohabitants or common-law partners are more severely punished than other rapists.

112.This notion may also be an element of a separate offence, as in the case of violence, for which article 238-1 of the Criminal Code stipulates that:

•“Violence not resulting in any illness or total incapacity to work shall be punishable by a prison term of six months to one year and by the fine established in article 26, figure 2, if it is committed:

•1 – against the perpetrator’s spouse, partner under a partnership contract or cohabitant under a cohabitation contract, or against any other person living with the perpetrator or having done so on a long-term basis.”

113.It may also be an aggravating circumstance in relation to other offences. For example, with respect to threats, article 234-1 of the Criminal Code stipulates that:

•“When the threats covered in articles 230 to 234 are made against the perpetrator’s spouse, partner under a partnership contract or cohabitant under a cohabitation contract or against any other person living with the perpetrator or having done so on a long-term basis, they shall be punishable by double the penalty prescribed under those articles. The prison terms may not, however, exceed the maximum penalty provided for by the aforementioned articles;

•The same applies when the threats covered under articles 230 to 234 are made against a person whose vulnerability or state of dependence is apparent or known to the perpetrator.”

114.Moreover, it should be noted that an individual who strikes a partner with whom he or she does not or has not lived may still be prosecuted for assault and battery, for which the penalty is prescribed under articles 236 ff. of the Criminal Code. That individual is liable to a prison term of up to one to five years and to the fine established in article 26, figure 4, namely 18,000 to 90,000 euros.

115.In 2022, the Department of Social Welfare and Social Services, which reports to the Ministry of Health and Social Affairs, assisted seven female victims of psychological and/or physical and/or sexual violence.

116.As a result of the investigative time lag, some reported incidents had not yet led to prosecution or conviction, at the time of data collection by IMSEE.

•In 2019, 15 cases of domestic violence (committed by a partner or spouse) against women were recorded by the Police Department, nine of which were the subject of a complaint. Eight of those cases resulted in legal proceedings in Monaco and three convictions were handed down;

•In 2020, 18 cases of domestic violence (committed by a partner or spouse) against women were recorded by the Police Department, 11 of which were the subject of a complaint. Seven of those cases resulted in legal proceedings in Monaco and one conviction was handed down;

•In 2021, 10 cases of domestic violence (committed by a partner or spouse) against women were recorded by the Police Department, nine of which were the subject of a complaint.

•In 2022, 11 cases of domestic violence (committed by a partner or spouse) against women were recorded by the Police Department, 8 of which were the subject of a complaint.

XIII.Trafficking and exploitation of prostitution

Reply to the question raised in paragraph 13

117.In the domestic law of Monaco, trafficking is criminalized under article 8 of Sovereign Ordinance No. 605 of 1 August 2006 implementing the United Nations Convention against Transnational Organized Crime, its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and its Protocol against the Smuggling of Migrants by Land, Sea and Air, which provides that:

•“The recruitment, transport, transfer, housing or receiving of a person shall constitute the offence of trafficking in persons where it is carried out:

•Using force or the threat of force, or any other form of coercion such as abduction, fraud, deception, abuse of authority or exploitation of a situation of vulnerability;

•Through the offer or acceptance of payments or advantages for obtaining the consent of a person with authority over another for the purposes of exploitation, such as prostitution or any other form of sexual exploitation, slavery or practices similar to slavery, forced labour or service, servitude, or organ removal.

•The offence of trafficking in persons is committed even if the victim has given his or her consent.

•Any victim aged under 18 is considered to be a child, and the mere act of recruiting, transporting, transferring, housing or receiving that person constitutes an offence against him or her, even in the absence of one of the means set out in the first paragraph.”

118.Under article 9 of the same Sovereign Ordinance, the offence of trafficking in persons or any attempt to do so shall be punishable by a prison term of “5 to 10 years and the fine established in article 26, figure 4, of the Criminal Code [i.e., 18,000 to 90,000 euros], the maximum amount of which may be increased tenfold.”

119.Act No. 1.382 of 20 July 2011 on the prevention and punishment of specific forms of violence, the aim of which is to “prevent and punish acts of violence that necessitate or justify specific forms of punishment or reparation, or penalties that are tougher or that are otherwise adjusted because of the particular vulnerability of the victims or the situations in which the acts of violence are perpetrated” (introductory article), has also strengthened the legal framework against domestic slavery. By means of Act No. 1.382, a new first paragraph was added to article 249-2 of the Criminal Code, under which “the act of obtaining services from a person whose vulnerability or state of dependence is apparent or known to the perpetrator for no pay, or pay that clearly does not reflect the amount of work performed, shall be punishable by five years’ imprisonment and double the fine established in article 26, figure 4.”

120.A sovereign ordinance aimed at strengthening the Principality’s legal framework for combating trafficking in human beings was published in the Official Gazette on 7 July 2023. Accordingly, the offence of trafficking is no longer restricted to transnational situations involving an organized criminal group, and the ordinance sets out a number of aggravating circumstances in relation to the offence of trafficking (endangerment of the victim’s life; minor victim; offence committed by a public official in the performance of his or her duties; and offence committed as part of a criminal organization). Lastly, it provides for regular training for professionals who deal with victims of trafficking and ensures better compensation for victims.

XIV.Participation in political and public life

Reply to the question raised in paragraph 14

121.On this issue, we recall resolution No. 32, aimed at increasing the representation of women on the boards of directors of public and private entities reporting to the State, and the awareness-raising campaign entitled “Everyone has a role in corporate governance”, conducted in 2022 by the Committee for the Promotion and Protection of Women’s Rights. In addition, on 29 November 2022, the Director of Employment spoke at the Association des Femmes Chefs d’Entreprises de Monaco to address, at its request, various topics relating to applicable labour law.

XV.Nationality

Reply to the question raised in paragraph 15

122.It should first be recalled that the series of reforms to nationality law brought about by Act No. 1.155 of 18 December 1992, Act No. 1.276 of 22 December 2003, Act No. 1.296 of 28 April 2005 and, most recently, Act No. 1.387 of 19 December 2011 have closed the gap that existed between men and women as regards their ability to transmit Monegasque nationality through both filiation and marriage.

123.Since 29 June 2019, article 1 of Act No. 1.155 of 18 December 1992 on nationality has provided as follows:

•“A Monegasque national shall be:

•1. – Any person born of a Monegasque father, unless the latter acquired his nationality by declaration, pursuant to the provisions of article 3;

•2. – Any person born of a mother who is Monegasque by birth and still held that nationality on the day she gave birth;

•3. – Any person born of a Monegasque mother and one of whose ascendants in the same branch was born Monegasque;

•4. – Any person born of a Monegasque mother who acquired Monegasque nationality by naturalization or restoration or in accordance with article 6, paragraph 2, or article 7, paragraph 4, of this Act;

•5. – Any person born of a mother who acquired Monegasque nationality by declaration following simple adoption;

•6. – Any person born in Monaco of unknown parents.

•The nationality of a child adopted under the full adoption procedure is determined according to the provisions of the preceding paragraph.”

124.Monegasque fathers can therefore transmit their nationality to their children, provided that they have not acquired it by declaration pursuant to the provisions of article 3, which specifically covers the acquisition of nationality through marriage under certain conditions and after a 20-year period.

125.As regards Monegasque mothers, the Act does indeed lay out a certain number of conditions. Nevertheless, taking them as a whole, it can be seen that Monegasque women transmit their Monegasque nationality to their children – and to their foreign husband – under conditions that are no more restrictive than those for Monegasque men to transmit their nationality to their descendants or their foreign wife.

126.In fact, the distinction now made in article 1 of the 1992 Act between paternal and maternal filiation in the acquisition of Monegasque nationality is essentially a formality, and the list of conditions specific to the mother contained therein arises as a result of successive legislative developments.

XVI.Education

Reply to the questions raised in paragraph 16 (a), (b) and (c)

127.As Monaco is an open, democratic society governed by the rule of law, everyone – within their means and abilities – remains free to choose their course of study, and no one is excluded in particular. Among the initiatives launched to foster and clarify these free choices:

•Since 2022, a careers guidance forum has been organized, together with a competition aimed at deconstructing gender stereotypes, and a “career development pathway” working group;

•In the same vein, attention has been drawn to the already active role of the Academic Counselling and Education Resource Centre, with the provision of even more information on its areas of expertise.

128.Sex education is included as part of the broader health and hygiene education required by law (article 39 of Act No. 1.334 of 12 July 2007, the Education Act), being provided for in educational programmes supporting the principle of non‑discrimination, based on the age and required level. This topic is addressed starting in middle school through a programme designed to educate students in “sexual and reproductive health.”

129.The issue as a whole forms part of the even broader subject area of “education for democratic citizenship” and human rights, adapted to all stages of education and also applicable to all teachers and other staff working in education.

130.Differences in career direction are mostly based on intrinsic characteristics, since girls tend to perform better in school than boys, but do not make the same choices or follow the same pathways (they are strongly encouraged to choose general and technological studies, but show a clear preference for literature-related subjects, and are less inclined to opt for scientific subjects).

131.The proportion of women in each field of study is as follows:

Fields of study
General and occupational programmes	46%
Education	83%
Humanities/arts	70%
Social sciences, journalism, information	74%
Business, administration, law	54%
Natural sciences, mathematics, statistics	31%
Information and communications technology	7%
Engineering, manufacturing, construction	26%
Agriculture, forestry, veterinary science	71%
Health, welfare	47%
Services	35%
Total	51%

132.Inclusive education is also provided, as evidenced by the importance lent to education for all and equal opportunities for youth, regardless of their gender, potential, particular characteristics or situation.

133.In January 2023, one of the Principality’s six schools, in particular, used the International Day of Education as an opportunity to raise awareness at all grade levels – using age-appropriate language codes and terms – of the issues faced by students with disabilities, and to enable students to contribute, through their behaviour and in order to better understand disability, to the development of an inclusive school.

XVII. Employment

Reply to the question raised in paragraph 17

134.First and foremost, it should be recalled that the Constitution of Monaco and the laws and regulations in force in the Principality of Monaco are not discriminatory on the grounds of race, colour, sex, language or religion. All workers legally employed in Monaco benefit from the same working conditions, whatever their race, sex, religion or nationality, in compliance with the conventions by which the Principality is bound.

135.With regard to equal pay, article 2-1 of Act No. 739 of 16 March 1963 (the Pay Act), as amended, stipulates that “all employees, irrespective of sex, shall receive equal remuneration for the same work or work of equal value”.

136.For the public sector, Act No. 1.527 of 7 July 2022 amending Act No. 975 of 12 July 1975 on the status of civil servants of the State amended article 17 of Act No. 975 of 12 July 1975 on the status of civil servants of the State to introduce the principle of non-discrimination between civil servants. Draft Act No. 980 on the regulation of night work was submitted to the National Council on 22 October 2018. It currently remains under consideration.

137.In addition to the statistics on women in employment published annually by IMSEE, a study on measuring the gender pay gap was conducted with respect to 2019 wages and published for the first time in July 2022. It shows that a situation of virtually equal pay exists in the public sector and that the situation is balanced in the private sector (with a 5.9 per cent gap in favour of men, which would place the Principality among the 10 most equitable countries in the ranking of the Organisation for Economic Co-operation and Development (OECD)).

138.The Ministry of Health and Social Affairs plans to raise awareness of this issue among employers and social partners in an upcoming progress report on the influence of the Charter for the equality of women and men at work, signed on 7 November 2019.

139.Based on the work done, the following conclusions can be drawn for the 2013–2022 period:

•Women account for 27–28 per cent of business leaders on the boards of directors and decision-making bodies of the economic agents registered in the Trade and Industry Registry (with the exception of those with the legal status of “foreign company”);

•The proportion of women among self-employed workers is similar (27–28 per cent);

•In the private sector, women have accounted for around 40 per cent of employees throughout the decade, while in the public sector the proportion of women has risen (from 41 per cent in 2013 to 44 per cent in 2022).

140.With regard to the pay gaps measured in 2019:

•The compensation index for women in the civil service in 2019 was on average 0.7 per cent higher than that for men;

•In the private sector, the median pay gap was 5.9 per cent in favour of men in 2019 (compared with 10.1 per cent in 2012). The average pay gap between men and women, on a monthly basis, was 28.5 per cent in favour of men (27.9 per cent in 2012). Taking into account the highest-paid position in the year for each individual, men earned on average 26.7 per cent more than women in 2019.

141.Part of this gap can be explained by the structure of the employee population (different average characteristics of men and women), while part is unexplained. Nearly half of the 26.7 per cent difference (12.6 per cent) can be attributed to the effect of the population’s composition, while 14.1 per cent remains unexplained by the available data used in the breakdown. Moreover, in terms of hourly pay (weighted by the number of hours worked), men earn on average 20.9 per cent more than women for each hour worked (the gap was 22.2 per cent in 2012).

XVIII.Sexual harassment in the workplace

Reply to the question raised in paragraph 18 (a)

142.It should be recalled that Act No. 1.457 of 12 December 2017 on harassment and violence in the workplace originally contained a single definition of harassment in the workplace, encompassing moral harassment and sexual harassment.

143.Following the adoption of Act No. 1.517 of 23 December 2021 reforming the provisions relating to the criminalization of sexual assault, a distinction was made between moral harassment and sexual harassment, the latter now being defined as “the act of subjecting an individual, repeatedly, knowingly and using any means, in the context of a working relationship, to comments or behaviour with sexual or sexist connotations that either undermine that individual’s dignity owing to their degrading or humiliating nature, or create a situation that is intimidating, hostile or offensive to the said individual.”.

144.This definition takes into account the specific nature of harassment in the workplace, while the general definition of sexual harassment appears in the Criminal Code.

145.Through Act No. 1.517 of 23 December 2021, Monaco has considerably strengthened the range of measures available for the repression of sexual harassment and sexual blackmail by including a definition of sexual harassment and sexual blackmail in Act No. 1.457 and including them as specific criminal offences in the Criminal Code.

146.Thus, article 2 of Act No. 1.457 on harassment and violence in the workplace now states that:

•“No one may engage in moral or sexual harassment, sexual blackmail or violence in the workplace.

•Moral harassment in the workplace is defined as the act of subjecting an individual, knowingly and using any means, in the context of a working relationship, to repeated actions or omissions whose purpose or effect is a deterioration in the individual’s working conditions in a way that violates the dignity or results in an impairment of the physical or mental health of the said individual.

•Sexual harassment in the workplace is the act of subjecting an individual, repeatedly, knowingly and using any means, in the context of a working relationship, to comments or behaviour with sexual or sexist connotations that either undermine that individual’s dignity owing to their degrading or humiliating nature, or create a situation that is intimidating, hostile or offensive to the said individual.

•Sexual blackmail in the workplace is defined as the act, even if not repeated, of placing an individual under any form of serious pressure in the context of a working relationship or a recruitment procedure in order to obtain from that individual an act of a sexual nature, whether the act is sought for the benefit of the perpetrator or a third party.

•Workplace violence is defined as the act of threatening or assaulting, whether physically or psychologically, an individual in the context of a working relationship”.

147.While Act No. 1.457 now includes a definition of sexual harassment in the workplace – the legislator having deliberately opted, for the sake of consistency, to maintain a special understanding of sexual harassment in the workplace, recognizing the specific nature of such conduct in the professional sphere – the decision was also made to include the criminalization and punishment of such conduct in the Criminal Code to ensure that the range of possible penalties applicable thereto was clearly understood.

148.For this reason, a new article 260-1 was added to the Criminal Code, stating that:

•“Sexual harassment in the workplace is the act of subjecting an individual, repeatedly, knowingly and using any means, to comments or behaviour with sexual or sexist connotations that either undermine that individual’s dignity owing to their degrading or humiliating nature, or create a situation that is intimidating, hostile or offensive to the said individual. The offence is also constituted:

•When the same victim is subjected to such comments or behaviour by several individuals, in a concerted manner or at the instigation of one of them, even though each of those individuals has not acted repeatedly;

•When the same victim is subjected to such comments or behaviours, successively, by several individuals who, even if they are not acting in a concerted manner, know that such comments or behaviour constitute repeated conduct.

•Sexual harassment shall be punishable by two to five years’ imprisonment and the fine stipulated in article 26, figure 3, or by one of these two penalties only”.

149.A new article 260-2 has also been added to specifically criminalize sexual blackmail, which is distinguished from sexual harassment by the objective pursued by the perpetrator, namely, to obtain an act of a sexual nature. Article 260-2 of the Criminal Code provides that:

•“Sexual blackmail is the act, even if not repeated, of placing a natural person under any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether the act is sought for the benefit of the perpetrator or a third party.

•Sexual blackmail shall be punishable by two to five years’ imprisonment and the fine stipulated in article 26, figure 3, or by one of these two penalties only”.

150.Lastly, a new article 260-3 has introduced several possible aggravating circumstances for the offences of sexual harassment and sexual blackmail. The penalty is thus increased to three to five years’ imprisonment and the fine stipulated in article 26, figure 4, [i.e., 18,000 to 90,000 euros] or one of these two penalties only, when the acts are committed, inter alia, “by an individual who abuses the authority conferred by his or her functions or in the context of a working relationship”.

151.The consequences of the amendment of Act No. 1.457 by Act No. 1.517 were recalled in Circular No. 2022-1 of 22 February 2022 on combating harassment and violence in the workplace, in which it is specified that the law now requires employers to put in place appropriate procedures to prevent, identify and end acts of moral harassment, sexual harassment, sexual blackmail and violence in the workplace.

152.To this end, the employer may appoint a focal point within the company to receive reports of any of the four types of punishable conduct listed above, and to pass them on to the employer. The employer is responsible for informing both the person who made the report and the focal point, in writing, of the action taken in response to the report. The appointment of a focal point is mandatory for all employers that are legal entities under public law, all companies that operate a State-granted monopoly, and all persons that habitually employ more than 10 employees. The focal point is appointed for a period of one year, renewable, and if the company has employee representatives, they must be duly notified.

153.The employee who makes the report is protected by law, and the focal point has the same protection as that enjoyed by employee representatives, for the duration of the assignment and six months after its completion.

154.The perpetrator is liable to disciplinary action, in addition to possible criminal prosecution (see above).

155.The Labour Court is competent to hear any dispute arising from non-compliance with this Act, with the exception of disputes involving civil servants, employees of the State or the Municipality, and employees of public institutions governed by the rules of public law.

156.Furthermore, in Circular No. 2023-003 of 13 June 2023, “on reporting procedures with regard to the fight against harassment and violence in the workplace”, it is recalled that the State, as an employer covered by Act No. 1.457 of 12 December 2017 (as amended by Act No. 1.517 of 23 December 2021), has a leading role to play in preventing the occurrence of any act liable to be classified as moral harassment, sexual harassment, sexual blackmail or violence in the workplace, and in ensuring the protection of civil servants and contractual agents faced with such a situation.

Reply to the question raised in paragraph 18 (b)

157.As a result of the investigative time lag, some reported incidents had not yet led to prosecution or conviction, at the time of data collection.

•One case of sexual harassment of a woman (not occurring in the workplace) was recorded by the Police Department in 2019, giving rise to a complaint;

•Three cases of sexual harassment of women (including two in the workplace) were recorded by the Police Department in 2022, all of which gave rise to a complaint.

158.A total of nine cases of harassment, irrespective of the type of harassment or the gender of the alleged victim, were pending before the Labour Court in the 2021/2022 judicial year.

XIX.Women migrant domestic workers

Reply to the questions raised in paragraph 19 (a), (b) and (c)

159.As soon as they arrive in Monaco, women migrant domestic workers are informed of their rights, in a language they understand. The Department of Social Welfare and Social Services offers social and health support and French language courses, if needed.

160.The person concerned may also be referred to any other governmental or non‑governmental body involved in protecting and assisting migrants in the Principality, or to legal professionals who can provide legal advice and assistance. In addition, as with all employees in the Principality, women migrant domestic workers can consult the Labour Inspectorate to find out about their rights. Such consultation can take the form of a conversation or a written exchange. It is greatly facilitated by the size of the Principality. In addition, the Government website lists social laws by theme, so that anyone with an Internet connection can find out about applicable social legislation.

XX.Health

Reply to the question raised in paragraph 20

161.In accordance with article 248, part II, of the Criminal Code, termination of pregnancy may only be legally performed in the Principality of Monaco in a limited number of cases (for therapeutic reasons or following rape). Three abortions were recorded in 2018, 10 in 2019, 15 in 2020, 10 in 2021 and 12 in 2022.

162.In the Principality, emergency contraceptives (those containing levonorgestrel-Norlevo® and generics, and those containing ulipristal-EllaOne®) are available in pharmacies. However, unlike in France, where the morning-after pill can be obtained free of charge from a pharmacy, in Monaco patients have to pay in advance, but can be reimbursed afterwards upon presentation of a doctor’s prescription.

XXI.Economic and social benefits

Reply to the question raised in paragraph 21

163.A change in the concept of “head of household” as defined in Monegasque law is under consideration, with a view to bringing it more in line with the principle of gender equality.

164.A first step was taken with the adoption of Sovereign Ordinance No. 7.155 of 10 October 2018 on the granting of dependency benefits to civil servants and employees of the State and the Municipality, which has enabled women in that category of workers, who live in Monaco, to opt for head of household status and thus to benefit from family allowances and other dependency benefits, as well as health insurance for their dependants (article 6 of Sovereign Ordinance No. 7.155).

165.Sovereign Ordinance No. 7.155 also takes into account changes in family structure, and stipulates that in the event of remarriage, the mother of a child from a previous union shall retain the status of head of household, whereas previously it was her new husband who was designated as such.

XXII.Disadvantaged groups of women

Reply to the question raised in paragraph 22

166.Monaco has signed international treaties related to the prohibition of discrimination, including the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and the International Covenant on Civil and Political Rights of 16 December 1966, which prohibits any kind of discrimination and guarantees to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

167.At the legislative level, under article 25 of Act No. 1.299 of 15 July 2005 on freedom of public expression, it is an offence to insult a person or group of people on the grounds of “their origin or their actual or assumed membership or non-membership of a particular ethnic group, nation, race or religion, or on the grounds of their actual or assumed sexual orientation”. This offence is punishable by six days’ to six months’ imprisonment and the fine stipulated in article 26, figure 3, of the Criminal Code, or by one of these two penalties only.

XXIII.Marriage and family relations

Reply to the question raised in paragraph 23

168.By means of Act No. 1.523 of 16 May 2022 on the promotion and protection of women’s rights through the amendment and repeal of obsolete and discriminatory provisions, the provisions in Monegasque law that imposed a waiting period of 310 days before remarriage, namely articles 126 to 129 of the Civil Code, have been repealed.

169.Article 132 of the Civil Code has also been amended to take account of this repeal. Whereas the article used to stipulate that “the right to oppose the celebration of marriage lies with the person already married to one of the two future spouses, as well as to any relative of the first husband with regard to a widow who violates the prohibition set out in article 126”, it now stipulates that “the right to oppose the celebration of marriage lies with the person already married to one of the two future spouses”.

XXIV.Data collection and monitoring

Reply to the question raised in paragraph 24

170.As mentioned above, IMSEE strives to produce gender-disaggregated statistics in all its publications. Comparisons are sometimes made with the regions neighbouring the Principality (in particular the French Department of Alpes-Maritimes or the Provence-Alpes-Côte d’Azur region). In addition, IMSEE uses internationally harmonized references and nomenclatures whenever possible, such as the glossary of types of violence defined in the Istanbul Convention for the study of violence against women in Monaco.