Distr.

GENERAL

CRC/C/15/Add.158
8 June 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Monaco.
08/06/2001.

CRC/C/15/Add.158.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-seventh
session

CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION

Concluding observations of
the Committee on the
Rights of the Child

Monaco

1. The Committee considered the initial report
of Monaco (CRC/C/28/Add.15) at its 717th and 718th meetings (see CRC/C/SR.717
and 718), held on 5 June 2001, and adopted, at the 721st meeting, held on 8 June
2001, the following concluding observations.

A.
Introduction

2. The Committee welcomes the submission of the
State party's initial report and the written replies to its list of issues
(CRC/C/Q/MON/1). The Committee notes the constructive dialogue it had with the
delegation of the State party and the detailed replies provided.

B. Positive
aspects

3. The Committee notes the very positive
implementation of most of the rights of the child within the State party and the
fact that, in most areas, all children enjoy their rights without
discrimination.

4. The Committee notes in particular an
effective social security system covering persons in remunerated work.

5. The Committee welcomes the State party's
ratification of the Hague Convention on the Protection of Children and
Cooperation in Respect of Intercountry Adoption of 1993.

6. The Committee notes the wide dissemination of
copies of the Convention to all students in the State party. The Committee
notes, in addition, the significant efforts made by the State party to provide
programmes concerning such problems as drug abuse and the spread of HIV/AIDS to
pupils in school.

C. Factors and difficulties
impeding the implementation of the Convention

7. The Committee notes the difficulties posed by
the presence within the total population of children living in the State party
of an extremely large number of different nationalities, cultures and
languages.

D. Principal subjects of
concern, suggestions and recommendations

1. General measures of
implementation

Legislation

8. The Committee is concerned that some
legislative provisions are not in full conformity with provisions of the
Convention.

9. The Committee recommends that the State party
proceed with efforts to amend domestic legislation with a view to ensuring full
respect for the provisions of the Convention. Noting ongoing efforts to change
domestic legislation with regard to nationality, the Committee recommends
withdrawal of the State party's reservation in this regard. The Committee
recommends, in addition, that the State party pursue its current efforts towards
ratification of the Convention on the Elimination of All Forms of Discrimination
against Women.

Declaration/reservation

10. The Committee is concerned at the State
party's declaration and reservation made upon ratification of the
Convention.

11. The Committee welcomes the State party's
indication of its intention to withdraw its declaration made upon ratification
of the Convention and its willingness to consider withdrawal of its
reservation.

Child rights policy formulation and
coordination

12. The Committee is concerned that the State
party does not have a clear child rights policy or take a rights-based approach
to implementing the Convention, and that there is no single mechanism with
responsibility for coordinating implementation of the Convention.

13. The Committee recommends that the State
party consider defining a child rights policy, based upon a rights-based
approach to implementation of the Convention, and that a single State mechanism
be provided with responsibility for the coordination of the Convention's
implementation. The Committee recommends, in addition, that the State party
encourage NGOs to adopt a rights-based approach to their work on behalf of
children.

Monitoring

14. The Committee is concerned that there is no
comprehensive monitoring and independent assessment of the Convention's
implementation within the State party.

15. The Committee recommends that the State
party make use of existing mechanisms, or establish a new mechanism, through
which the Convention's overall implementation within the State party can be
monitored and assessed. The Committee recommends that such a monitoring
mechanism be independent and also provide for individual complaint procedures,
including by children.

Data

16. The Committee is concerned at the lack of
sufficient disaggregated data on the situation of children and on programmes to
implement the Convention.

17. The Committee recommends that the State
party improve its collection of disaggregated data with regard to the
Convention's implementation and that this information be used for the
strengthening of policies, programmes and monitoring with regard to the
Convention.

2. Definition of the
child

18. The Committee notes the high age of
majority, 21 years, in the State party.
The Committee is concerned that the State
party's domestic legislation discriminates between boys and girls, providing
that girls may legally marry without adult consent from age 15 and boys from age
18.

19. The Committee recommends that the State
party proceed with efforts to set the age of majority at 18. The Committee
recommends that the State party amend its legislation to ensure that both boys
and girls are treated equally, and recommends in particular, that the legal age
of marriage be fixed for both boys and girls at age 18.

3. General principles

Discrimination

20. The Committee is concerned that
discrimination against women in the passing on of parents' nationality
persists. The Committee is concerned, in addition, that children
born out of wedlock continue to face discrimination with regard to inheritance
rights. While noting the State party's efforts in this regard, the Committee is
concerned, at information indicating that children of all nationalities are not
treated equally.

21. The Committee recommends that the State
party pursue its efforts to adopt legislation establishing an equal right for
men and women to pass on Monegasque nationality to their children and to ensure
that children born out of wedlock benefit from the same rights as children born
within marriage. In light of article 12, the Committee recommends further that
the State party continue its efforts to ensure that all children, regardless of
their nationality, are treated equally.

Respect for the opinions of the child

22. The Committee is concerned that children
have insufficient opportunities under law to have their opinions taken into
consideration, and that existing legal provisions overly restrict to specific
ages those children whose opinions can be considered.

23. The Committee recommends that the State
party adopt legislation and practices providing for greater flexibility in the
consideration of a child's opinion, in accordance with its evolving capacities,
with a view to providing greater opportunities for children to be heard.

4. Civil rights and
freedoms

The right to know one's identity

24. The Committee is concerned about the lack of
rules concerning in-vitro fertilization and respect for a child's right to know
his or her identity.

25. The Committee recommends that the State
party consider ways to ensure respect of a child's right to know his or her
parents' identities, as far as possible.

Corporal punishment

26. The Committee is concerned that corporal
punishment is not prohibited under law.

27. The Committee recommends that the State
party prohibit the practice of corporal punishment in the family and conduct
information campaigns targeting, among others, parents, children, law
enforcement and judicial officials and teachers, explaining children's rights in
this regard and encouraging the use of alternative forms of discipline in a
manner consistent with the child's human dignity and in conformity with the
Convention, especially articles 19 and 28.2.

Access to information

28. While noting the State party's efforts to
protect children from harmful printed and cinematic material, the Committee
remains concerned that children may nevertheless be exposed to harmful
information through access to the Internet or videos.

29. The Committee recommends that the State
party consider further means, including through the provision of advice to
parents, of protecting children from information that may be harmful to
them.

5. Family environment
and alternative care

Social welfare assistance to the family

30. The Committee is concerned that fathers and
mothers do not benefit equally from the provision of financial assistance by the
State in the context of assistance to families, and that the greater access of
mothers to financial aid may lead to discrimination against either, or both,
fathers and mothers and have a consequentially negative effect on the rights of
their children.

31. The Committee recommends that the State
party establish an equal right of fathers and mothers to financial assistance
related to the care of their children.

Parental responsibility

32. The Committee is concerned that parental
responsibility is not assigned equally, under law, to fathers and mothers and
that this may negatively affect the situation of children.

33. The Committee recommends that the State
party amend its domestic legislation to ensure that men and women have equal
parenting rights.

6. Basic health and
welfare

Access to free health assistance

34. The Committee is concerned that while
Monegasque children have a right to free health care, domestic legislation and
practice do not expressly guarantee the same right to all children in the State
party, in particular children from disadvantaged backgrounds and who are neither
nationals nor residents of the State party.

35. The Committee recommends that the State
party ensure that all children within its jurisdiction are treated equally under
the law and recommends in particular that a right to health care be provided to
all children.

7. Education, leisure
and cultural activities

36. The Committee is concerned that human rights
education is not systematically provided in school programmes at all
levels. The Committee is concerned, in addition, at the
prevalence of violence in schools.

37. The Committee recommends that the State
party take steps to ensure the inclusion of human rights education at all levels
of school curricula. The Committee recommends further that the State party
implement measures to prevent and end violence in schools.

8. Special protection
measures

Refugees

38. The Committee is concerned that refugee
children and their families may have insufficient access to procedures for
claiming refugee status in the State party because of the obligation to first
comply with French refugee application procedures, about which concern has been
expressed by, among others, the Human Rights Committee.

39. The Committee recommends that the State
party make every effort to ensure respect for the 1951 Convention relating to
the Status of Refugees and its 1967 Protocol, including through discussions with
the relevant French authorities.

Drug abuse

40. The Committee is concerned at drug abuse
among children.

41. The Committee recommends that the State
party implement measures to prevent and end drug abuse among children and to
provide rehabilitative assistance, where needed, to children who have abused
drugs.

Child labour

42. Noting the attention given by the State
party to children under 16 working in a family context, the Committee is
concerned that such work may interfere with children's right to
education.

43. The Committee recommends that the State
party continue and strengthen its efforts to ensure respect for the rights of
children under 16 working in a family context, and particularly the right to
education.

Ratification of the Optional Protocols

44. The Committee recommends that the State
party consider ratifying the Optional Protocol to the Convention on the Rights
of the Child on the sale of children, child prostitution and child pornography
and the Optional Protocol on the involvement of children in armed
conflict.

Dissemination of documentation

45. Finally, in light of article 44, paragraph
6, of the Convention, the Committee recommends that the initial report and
written replies submitted by the State party be made widely available to the
public at large and that the publication of the report be considered, along with
the relevant summary records and concluding observations adopted by the
Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention and its implementation and monitoring
within all levels of administration of the State party and the general public,
including concerned non-governmental organizations.

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Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland