In a report published today, the European Commission against Racism and Intolerance (ECRI) calls on the Monegasque authorities to strengthen the legislation to combat hate speech, hate crime and discrimination, take action against racist and LGBTI-phobic bullying in schools and study more closely the situation of foreigners involved in undeclared work.
ECRI notes that there have been numerous improvements since its last report in 2022, for instance in terms of preventing and combating hate speech and hate crime, equal treatment and inclusion in the education sector and access to healthcare by foreigners, including those present in the country irregularly.
The report also notes that medical costs of a partner in a same-sex couple married abroad can now be reimbursed, that the principle of non-discrimination between civil servants has been enshrined in legislation and that vocational integration assistance is available for displaced Ukrainians entitled to a temporary residence permit.
Despite the progress achieved, however, some issues continue to give cause for concern. The report highlights some shortcomings in the criminal law provisions punishing hate speech and hate crime, the ability of the judicial authorities to order the removal of hateful content online or to block sites displaying such content and the training of criminal justice professionals.
In its report, ECRI also expresses concern about racist and LGBTI-phobic bullying in schools.
ECRI also underlines that there is still no legislation prohibiting non-therapeutic treatments and medically-unnecessary surgery on intersex children.
As to employment of non-nationals, ECRI states that foreign nationals employed as undeclared domestic workers are in a particularly vulnerable situation. Moreover, it is still possible for foreign nationals in Monaco to be dismissed without prior and valid reason.
En ce qui concerne l'emploi des non-ressortissants, les personnes étrangères employées en tant que personnel de maison non déclaré sont dans une situation particulièrement vulnérable, selon l'ECRI. En outre, les licenciements des personnes étrangères sans motif préalable et valable sont toujours possibles à Monaco.
The report therefore makes a series of recommendations to the Monegasque authorities
With regard to combating hate speech and hate crimes, ECRI recommends that they take measures paving the way for: (i) the explicit incorporation of the grounds of colour, language, gender identity and sex characteristics into all criminal law provisions designed to combat racism and intolerance; (ii) the possibility of retaining one or more hate elements for all criminal offences; and (iii) the amendment of the civil and administrative legal framework so that proper legal protection against hate speech is provided for in cases which fall short of the threshold of severity required to incur criminal liability.
The authorities should also ensure that education in human rights and in tolerance and respect for diversity, including topics related to sexual orientation, gender identity and sex characteristics, are implemented systematically and uniformly in schools.
ECRI also recommends the adoption of a comprehensive body of legislation to prevent and combat discrimination.
The authorities should develop a legal framework explicitly regulating the conditions and procedure concerning legal gender recognition.
Lastly, an in-depth study should be commissioned, in co-operation with the foreign communities who may be affected by undeclared work, with a view to identifying measures that would protect the persons concerned against racist or discriminatory treatment in the course of their employment.
