CEDAW/C/MCO/CO/1-3

Monaco (CEDAW 22-11-2017)

The Committee considered the combined initial to third reports of Monaco (CEDAW/C/MCO/1-3) at its 1556th and 1557th meetings (see CEDAW/C/SR.1556 and CEDAW/C/SR.1557), held on 9 November 2017. The Committee’s list of issues and questions is contained in CEDAW/C/MCO/Q/1-3 and the responses of Monaco are contained in CEDAW/C/MCO/Q/1-3/Add.1.

Concluding observations

D. Principal areas of concern and recommendations

Lesbian, bisexual, transgender and intersex women

45. The Committee notes the constitutional prohibition of discrimination in articles 17 and 32, as well as in Law No. 1.299 of 2005 on freedom of public expression, which prohibits incitement to hatred and violence against an individual on the ground of sexual orientation. It notes with concern, however, the lack of anti-discrimination legislation protecting women who are lesbian, bisexual, transgender or intersex beyond these laws. It also notes with concern that:

(a) Violence based on sexual orientation or on being transgender or intersex is not considered an aggravating factor in the Criminal Code;

(b) There is no legislation allowing for change of sex marker in official documents.

46. The Committee recommends that the State party provide lesbian, bisexual, transgender and intersex women with the necessary protection from discrimination and violence and:                                        

(a) Adopt specific anti-discrimination legislation and criminal law provisions explicitly recognizing violence based on sexual orientation or on being transgender or intersex as an aggravating factor;                                        

(b) Revise existing laws to ensure that lesbian couples have access to marriage or, as a minimum, to an officially registered union, as well as to adoption;                                        

(c) Adopt legislation allowing for change of sex marker in official documentation for transgender women.