Monaco

Declaration:

Pursuant to Article 13, paragraph 7, of the Protocol, the Principality of Monaco wishes to indicate that it does not recognize the competence of the Committee provided for in the present article in respect of the rights set forth in the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Declaration:

The Principality of Monaco declares, in accordance with article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, that it is bound by the Franco-Monaguesque Treaty of 17 July 1918 and that the French Republic thereby ensures the defence of the territorial integrity of the Principality of Monaco.
The only bodies having military status in the Principality are the Prince's Guard and the Fire Brigade. In accordance with the provisions of Sovereign Ordinance No. 8017 of 1 June 1984 relating to the Police Code, members of the Guard and the Fire Brigade must be at least 21 years of age.

Declaration:

Pursuant to Article 3, paragraph 1, and Annex I of the Protocol on Heavy Metals, the Principality of Monaco declares the year 1992 as its reference year.

Declaration:

In accordance with sub-paragraph g of article 4.2 of the Convention, the Principality of Monaco declares that it intends to be bound by the provisions of sub-paragraphs a and b of said article.

Declaration :

The Government of the Principality of Monaco shall reduce its emissions of VOCs by 30% during the year 2001, using 1990 levels as a basis.

Declaration:

The Principality of Monaco declares that this Convention, especially article 7, shall not affect the rules laid down in Monegasque legislation regarding nationality.
Reservation:

The Principality of Monaco interprets article 40, paragraph 2 (b)(v) as stating a general principle which has a number of statutory exceptions. Such, for example, is the case with respect to certain criminal offences. In any event, in all matters the Judicial Review Court rules definitively on appeals against all decisions of last resort.

Reservation:

In accordance with paragraph 2 of article 30 of the Convention, the Principality of Monaco declares that it does not consider itself bound by paragraph 1 of that article.

Declarations:

1. The implementation of the Convention on the Elimination of All Forms of Discrimination Against Women does not affect the validity of conventions concluded with France.
2. The Principality of Monaco deems that the aims of the Convention are to eliminate all forms of discrimination against women and to guarantee every individual, irrespective of gender, equality before the law, when the aforementioned aims are in line with the principles stipulated in the Constitution.
3. The Principality of Monaco declares that no provision in the Convention can be interpreted as impeding the provisions of the laws and regulations of Monaco that are more favourable to women than to men.
Reservations:

1. The ratification of the Convention by the Principality of Monaco shall have no effect on the constitutional provisions governing the succession to the throne.
2. The Principality of Monaco reserves the right not to apply the provisions of Article 7, paragraph b, of the Convention regarding recruitment to the police force.
3. The Principality of Monaco does not consider itself bound by the provisions of Article 9 which are not compatible with its nationality laws.
4. [...]
5. The Principality of Monaco does not consider itself bound by Article 16, paragraph 1 (e), to the extent that the latter can be interpreted as forcing the legalization of abortion or sterilization.
6. The Principality of Monaco reserves the right to continue to apply its social security laws which, in certain circumstances, envisage the payment of certain benefits to the head of the household who, according to this legislation, is presumed to be the husband.
7. The Principality of Monaco declares, in conformity with the provisions of Article 29, paragraph 2, that it does not consider itself bound by the provisions of the first paragraph of this article.

The principality of Monaco declared that the accession to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) does not affect the validity of the Conventions concluded with the Republic of France.

In accordance with the provisions of article 54 (2) of the Convention, the Government of His Excellency the Prince of Monaco has decided, within the framework of its national regulations, to treat mopeds as motorcycles.

Interpretative declarations and reservations made upon signature and confirmed upon ratification:

The Government of Monaco declares that it does not interpret the provisions of article 2, paragraphs 1 and 2, and articles 3 and 25 as constituting an impediment to the constitutional rules on the devolution of the Crown, according to which succession to the Throne shall take place within the direct legitimate line of the Reigning Prince, in order of birth, with priority being given to male descendants within the same degree of relationship, or of those concerning the exercise of the functions of the Regency.
The Princely Government declares that the implementation of the principle set forth in article 13 shall not affect the texts in force on the entry and stay of foreigners in the Principality or of those on the expulsion of foreigners from Monegasque territory.
The Princely Government interprets article 14, paragraph 5, as embodying a general principle to which the law can introduce limited exceptions. This is particularly true with respect to certain offences that, in the first and last instances, are under the jurisdiction of the police court, and with respect to offences of a criminal nature. Furthermore, verdicts in the last instance can be appealed before the Court of Judicial Review, which shall rule on their legality.
The Princely Government declares that it considers article 19 to be compatible with the existing system of monopoly and authorization applicable to radio and television corporations.
The Princely Government, recalling that the exercise of the rights and freedoms set forth in articles 21 and 22 entails duties and responsibilities, declares that it interprets these articles as not prohibiting the application of requirements, conditions, restrictions or penalties which are prescribed by law and which are necessary in a democratic society to national security, territorial integrity or public safety, the defence of order and the prevenion or crime, the protection of health or morals, and the protection of the reputation of others, or in order to prevent the disclosure of confidential information or to guarantee the authority and impartiality of the judiciary.
The Princely Government formulates a reservation concerning article 25, which shall not impede the application of article 25 of the Constitution and of Order No. 1730 of 7 May 1935 on public employment.
Article 26, together with article 2, paragraph 1, and article 25, is interpreted as not excluding the distinction in treatment between Monegasque and foreign nationals permitted under article 1, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination, taking into account the distinctions established in articles 25 and 32 of the Monegasque Constitution.

Interpretative declarations and reservations made upon signature and confirmed upon ratification:

The Princely Government declares that it interprets the principle of non-discrimination on the grounds of national origin, embodied in article 2, paragraph 2, as not necessarily implying an automatic obligation on the part of States to guarantee foreigners the same rights as their nationals.
The Princely Government declares that articles 6, 9, 11 and 13 should not be constituting an impediment to provisions governing access to work by foreigners or fixing conditions of residence for the granting of certain social benefits.
The Princely Government declares that it considers article 8, paragraph 1, subparagraphs (a), (b) and (c) on the exercise of trade union rights to be compatible with the appropriate legislative provisions regarding the formalities, conditions and procedures designed to ensure effective trade union representation and to promote harmonious labour relations.
The Princely Government declares that in implementing the provisions of article 8 relating to the exercise of the right to strike, it will take into account the requirements, conditions, limitations and restrictions which are prescribed by law and which are necessary in a democratic society in order to guarantee the rights and freedoms of others or to protect public order ( ordre public ), national security, public health or morals.
Article 8, paragraph 2, should be interpreted as applying to the members of the police force and agents of the State, the Commune and public enterprises.

Reservation regarding article 2, paragraph 1:

Monaco reserves the right to apply its own legal provisions concerning the admission of foreigners to the labour market of the Principality.
Reservation regarding article 4:

Monaco interprets the reference in that article to the principles of the Universal Declaration of Human Rights, and to the rights enumerated in article 5 of the Convention as releasing States Parties from the obligation to promulgate repressive laws which are incompatible with freedom of opinion and expression and freedom of peaceful assembly and association, which are guaranteed by those instruments.

Reservations:

1. With regard to the protection of producers of phono- grams, Monaco will not apply the criterion of publication but only the criteria of nationality and fixation, in accordance with article 5, paragraph 3.
2. With regard to broadcasting organizations, in accord- ance with article 16, paragraph 1 (a) (i), Monaco will not apply any of the provisions of article 12.
3. With regard to broadcasting organizations, in accord- ance with article 16, paragraph 1 (b), Monaco will not apply the provisions of article 13 (d) concerning protection against communication to the public of television broadcasts.

Referring to the possibility offered by article I (3) of the Convention, the Principality of Monaco will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State; furthermore, it will apply the Convention only to differences arising out of legal relationship, whether contractual or not, which are considered as commercial under its national law.

Subject to the reservation that the stipulations contained in articles 7 (paragraph 2), 15, 22 (paragraph 1), 23 and 24 shall be provisionally considered as being recommendations and not legal obligations.

With reference to annex 6, section IV (b), the Government of the Principality of Monaco indicates that it will permit only one trailer to be drawn by a vehicle and that it will not permit an articulated vehicle to draw a trailer.