The European Commission against Racism and Intolerance (ECRI) has called on Monaco to strengthen its criminal legislation on hate speech and hate crime, tackle racist and LGBTI-phobic bullying in schools, and examine the situation of foreign nationals in undeclared work — while acknowledging significant progress since its last report in 2022.
The report, published on Thursday 9th June, is ECRI’s latest assessment of Monaco’s record on combating racism and intolerance as part of the Council of Europe’s monitoring process.
Progress acknowledged
ECRI noted a number of improvements since its previous evaluation. These include advances in preventing and combating hate speech and hate crime, greater equality of treatment and inclusion in education, and improved access to healthcare for foreign nationals, including those present irregularly. The report also recognises that medical costs for 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 support is available for displaced Ukrainians holding a temporary residence permit.
Areas of concern
Despite the progress, ECRI identified several areas requiring further action. On criminal law, the commission found shortcomings in provisions punishing hate speech and hate crime, as well as in the capacity of judicial authorities to order the removal of hateful content online or block sites carrying such content. Training of criminal justice professionals was also flagged.
ECRI expressed concern about racist and LGBTI-phobic bullying in schools, the absence of legislation prohibiting non-therapeutic and medically unnecessary surgery on intersex children, and the continued vulnerability of foreign nationals employed in undeclared domestic work. The report also noted that foreign nationals in Monaco can still be dismissed without prior and valid reason.
Key recommendations
ECRI’s recommendations cover several areas. On hate speech and hate crime, it calls on Monaco to explicitly incorporate the grounds of colour, language, gender identity and sex characteristics into all relevant criminal law provisions, to allow hate elements to be retained for all criminal offences, and to amend the civil and administrative legal framework to provide protection against hate speech in cases that fall below the threshold for criminal liability.
On education, ECRI recommends the systematic and uniform implementation across schools of human rights education and teaching on tolerance and diversity, including topics related to sexual orientation, gender identity and sex characteristics.
More broadly, the commission recommends the adoption of comprehensive anti-discrimination legislation, the development of a legal framework explicitly regulating legal gender recognition, and the commissioning of an in-depth study — in cooperation with affected foreign communities — into undeclared work and the discriminatory treatment those workers may face.
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Photo by Cassandra Tanti