Monaco

Monaco, officially known as Principality of Monaco, is a sovereign city-state located along the Mediterranean French Riviera. The city of Nice in France lies 9 miles (15 km) to the West, and the Italian border 5 miles (8 km) to the East. With an area of 2.1 km (0.81 sq mi), it is the second-smallest sovereign state in the world, after Vatican City, but boasts the highest GDP per capita worldwide.

According to a December 2019 estimate by the Monaco Institute of Statistics and Economic Studies, the total population is 38,100, of whom only 9,486 are citizens.[ref]https://www.monacostatistics.mc/Population-and-employment/Demography[/ref] The French government estimates 93% of the population is Catholic. Protestant officials state Protestants represent 2% of the population, with 200-220 families. According to press reports and observers in the country, the Russian Orthodox Church has approximately 300 members. According to the European Jewish Congress and the local Association Culturelle Israelite (Jewish Cultural Association), approximately 1,000 residents, most of whom are noncitizens, are Jewish. According to a long-time Muslim resident, there is a small Muslim community of approximately 200 persons, most of whom are noncitizens from North Africa. The Jehovah’s Witnesses report 200 members who work in the country, 20 of whom reside there. A small number of residents adhere to other religious beliefs.[ref]https://www.state.gov/wp-content/uploads/2020/05/MONACO-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf; https://fr.usembassy.gov/wp-content/uploads/sites/50/240282-MONACO-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf [/ref]

The country is a party to the International Covenant on Civil and Political Rights.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
There is an established church or state religion
Official symbolic deference to religion
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Some concerns about political or media freedoms, not specific to the non-religious
Constitution and government
There is an established church or state religion
Official symbolic deference to religion
Education and children’s rights
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Family, community, society, religious courts and tribunals
Freedom of expression advocacy of humanist values
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Systemic Discrimination
Mostly Satisfactory
More information about rating table

Constitution and government

Under Article 2 of the Constitution,[ref]http://www.monaco-consulate.com/wp-content/uploads/2009/06/Constitution.pdf[/ref] Monaco is a hereditary and constitutional monarchy, currently led by Prince Albert III who appoints the government, which is answerable to him. Legislative power is given jointly by the prince and the freely elected parliament.[ref]https://freedomhouse.org/country/monaco/freedom-world/2021[/ref]

Article 9 states that “The Catholic, Apostolic and Roman religion is the religion of the State”. As such this makes Roman Catholicism the state religion, and grants the Catholic Archbishop of Monaco the highest office of state below the sovereign and the Minister of State.

Article 23 guarantees individuals freedom of religion and public worship and protects the freedom to express opinions on all issues, provided no crimes are committed in the exercise of those freedoms. No one may be compelled to participate in the rites or ceremonies of any religion or to observe its days of rest. Despite this, Catholic rituals continue to be a part of many state ceremonies, including annual national day celebrations.[ref]https://www.state.gov/wp-content/uploads/2020/05/MONACO-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf; https://fr.usembassy.gov/wp-content/uploads/sites/50/240282-MONACO-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf [/ref]

Religious associations wishing to establish an office or place of worship, own or lease property, or hire employees must first obtain official recognition from the Ministry of the Interior, which must respond to such requests within one month or approval is automatic. The government has granted recognition to the Protestant, Russian Orthodox, and Jewish communities. In addition to obtaining official government recognition, any religious group wishing to construct a place of worship in a public space must seek prior approval from the Ministry of Interior. The government does not tax religious institutions.[ref]https://www.state.gov/wp-content/uploads/2020/05/MONACO-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf; https://fr.usembassy.gov/wp-content/uploads/sites/50/240282-MONACO-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf [/ref]

Jehovah’s Witnesses have struggled to secure official recognition by the government as a religious association despite favorable rulings by the Supreme Court.[ref]https://freedomhouse.org/country/monaco/freedom-world/2021[/ref] The government has rejected the Jehovah’s Witnesses’ application for legal recognition on three occasions – the most recent in 2019 – despite a Supreme Court ruling annulling the first two rejections. According to the government, the group’s religious doctrine was hostile to the Catholic Church, and the hostility undermined the state and its institutions as well as public order.[ref]https://www.state.gov/wp-content/uploads/2020/05/MONACO-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf; https://fr.usembassy.gov/wp-content/uploads/sites/50/240282-MONACO-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf [/ref]

Education and children’s rights

Article 27 of the Constitution entitles all Monegasque people to free primary and secondary education.

Catholic religious instruction is available in public schools as an option and requires parental authorization. No public schools in Monaco are faith-based. Private schools, including those operated by religious groups, must apply for government authorization. If approved, the schools may provide instruction in religions other than Catholicism.[ref]https://www.state.gov/wp-content/uploads/2020/05/MONACO-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf; https://fr.usembassy.gov/wp-content/uploads/sites/50/240282-MONACO-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf [/ref]

Family, community and society

Monaco is a socially conservative country, where attitudes have been strongly shaped by the influence of the Catholic Church.

Marriage

Under the Monaco Civil Code,[ref]https://www.legimonaco.mc/305//legismclois.nsf/ViewCode!OpenView&Start=1&Count=300&RestrictToCategory=CODE%20CIVIL[/ref] only civil marriages are legally binding, as such religious marriages and divorces are not legally binding.[ref]https://content.next.westlaw.com/8-616-4538?__lrTS=20201206215352424&transitionType=Default&contextData=(sc.Default)&firstPage=true[/ref]

Abortion

Abortion remains illegal, except under special circumstances, including rape and a risk to the life or physical health of the pregnant person or foetus.[ref]https://abortion-policies.srhr.org/country/monaco/[/ref] In 2019, however, the parliament passed legislation that removed criminal punishments for people who undergo abortions; though, health professionals may still face penalties for performing an abortion in Monaco.[ref]https://freedomhouse.org/country/monaco/freedom-world/2021[/ref]

LGBTI+ rights

There is no law protecting the rights of members of the LGBTI+ community. As a result, Monaco consistently ranks in the lowest performing EU member states in ILGA Europe’s Rainbow Europe report.[ref]https://www.ilga-europe.org/rainboweurope/2021; https://rainbow-europe.org/#8649/0/0[/ref]

The Civil Code does not recognise same-sex marriages and considers them null and void. A bill was passed in 2019 by the National Council which enables non-married partners, including those of the same sex, to obtain legal recognition and protection of their union.[ref]https://www.coe.int/en/web/commissioner/-/monaco-doit-consolider-les-progres-accomplis-en-matiere-de-protection-des-droits-des-enfants-des-personnes-handicapees-et-des-personnes-lgbti; https://freedomhouse.org/country/monaco/freedom-world/2021[/ref] However, regarding civil partnerships, the Court of First Instance has jurisdiction to rule on actions related to the conclusion, execution, termination or nullity of civil solidarity contracts between same-sex couples.

According to Articles 245-269 of the Civil Code, adoption requests can only be filed jointly by a couple who have been married for more than five years, meaning that members of the LGBTI+ community cannot adopt in Monaco.

Freedom of expression, advocacy of humanist values

Freedom of expression and the media

The Constitution provides for freedom of expression, and the population are generally free to express their personal views without fear of retribution. However, insulting the ruling family is illegal and can result in prison sentences of up to five years, although the law is infrequently enforced.[ref]https://freedomhouse.org/country/monaco/freedom-world/2021[/ref] Article 3 of the Constitution states that “The executive power is exercised by the highest authority of the Prince. The Prince’s persona is inviolable.”

Press freedom is generally respected in practice. Monaco has a weekly government newspaper, an English-language monthly, and several online publications. There is one major private broadcaster based in the country. French and Italian broadcast and print media are widely available, and internet access is not restricted.[ref]https://freedomhouse.org/country/monaco/freedom-world/2021[/ref]

National security laws

In 2006, a law was passed on the preservation of national security, which strengthens the means of action of the security services, authorising, for example, surveillance of individuals without the need for a prior court order where there was a threat to national security. Since the enactment of this law, the Monaco police can monitor anybody presenting a threat or suspected of organized crime and terrorism.[ref]https://borgenproject.org/human-rights-in-monaco/[/ref]