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Monaco
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Monaco are found in the Penal code, which addresses forced marriage with violence or threats at Article 274.1 with a potential penalty three to five years of imprisonment and the fine of 18,000 to 90,000 euros. The Penal code also addresses the abduction of a minor by fraud or violence with the purpose of marriage at Article 290, with a potential penalty of imprisonment for five to ten years.
Consent to marriage
Provisions requiring consent to marriage in Monaco are found in the Civil code , article 177 of which states that there is no marriage without consent. Section 274.1 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
Servile marriage
There appears to be no legislation in Monaco that prohibits servile matrimonial transactions.
Marriage trafficking
Although legislation in Monaco does not prohibit marriage trafficking as such, it does prohibit abduction for forced marriage and deception for forced marriage. Abduction for forced marriage is prohibited under article 290 of the Penal Code, with a potential penalty of imprisonment from five to ten years. Deception for marriage is prohibited under article 291 of the Penal Code, with a potential penalty of imprisonment from ten to twenty years.
Minimum age for marriage
The minimum age for marriage in Monaco is 18, without differentiation by gender, as set out on Article 116 of the Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage is null, as set out on Article 147 of the Civil Code. However, marriages below this age are permitted for serious reasons and with the consent of the parents by the prince, as set out on as set out on Articles 116 and 118 of the Civil Code. These exceptions are not differentiated by gender, and allow marriage as early as 16.
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- None
Regional Organisations
- European Court of Human Rights
- Organisation for Security and Cooperation in Europe
- Council of Europe
Legislative Provisions
MONEGASQUE CONSTITUTION 1962 (REV. 2002)
Article 19
Individual freedom and security are guaranteed. No one may be prosecuted except in cases provided for by law, before legally appointed judges and in the manner prescribed by law.
Apart from cases of flagrant offence, an arrest may be carried out only pursuant to the well-founded order of the judge, which must be notified at the arrest or at the latest within twenty-four hours. Any detention must be preceded by an examination.
Article 25
Freedom of work is guaranteed. Its practice is determined by law.
Priority is granted to Monegasques for the obtainment of public and private positions in the circumstances prescribed by law or international conventions.
PENAL CODE
Article 265
punished by imprisonment for a period of six months to three Years and the fine provided for in paragraph 3 of Article 26:
(1) anyone who expects morals, usually inciting the debauchery or corruption of minors of either sex, or by generally promoting or facilitating such conduct. The same penalties apply if the attack is perpetrated, even occasionally, on a minor under the age of sixteen years;
(2) a person who, in order to satisfy the passions of another person, hires, drags on or, even with his consent, withholds a minor for the purpose of debauchery;
(3) any person who, in order to satisfy the passions of others, hires, causes or distracts, by fraud or by violence, threats, abuse of authority or any other means of compulsion, a person of full age with a view to debauchery ;
(4) any person who organizes or facilitates the sexual exploitation of minors in the territory or outside the territory of the Principality.
These two penalties will be incurred even though the various acts which constitute the constituent elements of the offenses have been committed in different countries.
The attempt and preparation of the offenses provided for in this article shall be punished with the same penalties as the offenses themselves.
Article 268
The following persons shall be considered as pimps and shall be punished by imprisonment of six months to three years and by the fine provided for in article 26, paragraph 3, in any way whatsoever:
(1) hiring, dragging or hijacking a person for prostitution or exerting pressure on him or her to prostitute or continue to prostitute;
(2) assisting or assisting or protecting the prostitution of others;
(3) share the proceeds of prostitution or knowingly receive in any form subsidies from persons engaged in prostitution;
(4) can not justify resources corresponding to their mode of existence while being in habitual relationship with one or more persons engaged in prostitution.
It is assimilated to procuring, and punished by the same penalties, the fact, by anyone, in any way whatsoever:
(1) to act as an intermediary between two persons, one of whom engages in prostitution and the other exploits or pays for the prostitution of others;
(2) to facilitate the justification of fictitious resources for a procurer.
Article 269
Pimping is punishable by five to ten years’ imprisonment and by the fine provided for in Article 26 (3) when committed:
(1) in respect of a minor;
(2) in respect of a person whose particular vulnerability, in particular because of his age, illness, infirmity, physical or mental disability or pregnancy, is Apparent or known to its author;
(3) in respect of several persons;
(4) by a legitimate, natural or adoptive ascendancy of the person who prostitutes himself or by a person who has authority over him or abuses the authority conferred on him by his duties or the state of material or psychological dependence in which Finds himself placed before her by the person who prostitutes himself;
(5) with the use of coercion, violence or fraudulent tactics;
(6) by several persons acting as author or accomplice, without constituting an organized gang.
Pimping is punishable by ten to twenty years’ imprisonment and by the fine provided for in article 26, paragraph 4, when committed in respect of a minor under the age of sixteen years or In an organized band.
Article 269-1
The use of a minor for the purpose of sexual activity, by offering or promising money or any other form of remuneration, payment or benefit, whether such remuneration, payment, promise or benefit is To a minor or to a third person, shall be punished with imprisonment of three to five years and with the fine provided for in article 26, paragraph 3.
Article 275
A person who, without an order from the constituted authorities, and in cases where the law orders the seizure of the accused, has arrested, detained or sequestered a person, shall be punished by imprisonment of ten to twenty years.
Anyone who lent a place to execute detention or forcible confinement will suffer the same penalty.
Article 276
If the detention or sequestration lasts more than one month, the penalty shall be that of the maximum of the imprisonment in time.
Article 290
Anyone who, by fraud or violence, has abducted or caused to be abducted a minor, or has caused him to be dragged, diverted or displaced, or has caused him to be dragged, diverted or moved from places where he was placed by the authorities Or to the direction of which he was subject or entrusted, shall be liable to imprisonment for five to ten years.
Article 291
If the minor thus abducted or embezzled was less than sixteen years of age, the punishment shall be that of imprisonment of ten to twenty years.
The maximum of the same penalty shall be imposed, irrespective of the age of the minor, if the perpetrator has been paid or was intended to be paid a ransom.
However, in the cases provided for in the two preceding paragraphs, the penalty shall be five to ten years’ imprisonment if the minor is found safe and sound before the conviction has been delivered.
The crime will carry the penalty of life imprisonment, if followed by the death of the minor.
Article 293
In the case where the abductor has married the abducted or misappropriated minor, he may be prosecuted only on the complaint of persons entitled to request the annulment of the marriage, and sentenced only after the marriage has been null and void. Been pronounced.
Article 294-2
Shall be punished by imprisonment from 3 months to 1 year and by the fine provided for in article 26, paragraph 3, whoever has, in a spirit of lucre, brought or attempted to bring his assistance to obtain or adopt a child.
Article 294-5
Shall be punished with imprisonment of three to five years and with the fine provided for in article 26, paragraph 3:
(1) compelling a minor to watch or participate in pornographic scenes or performances or to profit from or exploit a minor in any other way for that purpose;
(2) recruiting, with the use of coercion, violence or fraudulent acts, a minor to assist or participate in pornographic scenes or performances or to encourage the participation of a minor in Such spectacles;
(3) attending pornographic performances involving the participation of minors.
The same penalties for intentionally bringing a minor to attend or participate in sexual activities are punishable by the same penalties.
2015 HUMAN RIGHTS REPORT
Section 7. Worker Rights
b. Prohibition of Forced or Compulsory Labor
The constitution and law prohibit all forms of forced or compulsory labor. Information regarding the adequacy of resources, remediation effort, inspection sufficiency, and penalties for violations was not available.
c. Prohibition of Child Labor and Minimum Age for Employment
The minimum age for employment is 16. Employment between the ages of 16 and 18 is subject to severely restricted conditions. The government effectively enforced the child labor law.
Government resources, inspections, and remediation efforts were adequate. Persons employing children under 16 may be subject to a fine under the law.
PENAL CODE
Article 26 .- (Law n ° 1.004 of July 4, 1978; Law n ° 1.229 of July 6, 2000; Law n ° 1.247 of December 21, 2001; amended by law n ° 1.478 of November 12, 2019)
The amount of the fine is fixed for each offense according to the following categories:
– number 1: from 1,000 to 2,250 euros;
– number 2: from 2,250 to 9,000 euros;
– number 3: from 9,000 to 18,000 euros;
– number 4: from 18,000 to 90,000 euros.
Article 236-1 (Created by law n ° 1.382 of July 20, 2011)
The fact of subjecting, knowingly and by any means whatsoever, any person to repeated actions or omissions having as an object or effect a degradation of his living conditions resulting in an alteration of his physical or mental health is punishable by penalties.
– from three months to one year of imprisonment and the fine provided for in paragraph 3 of article 26 when they have not caused any illness or total incapacity for work;
– from six months to two years of imprisonment and the fine provided for in paragraph 4 of article 26 when they have caused illness or total incapacity for work not exceeding eight days;
– from one to three years of imprisonment and double the fine provided for in paragraph 4 of article 26 when they have caused illness or total incapacity for work exceeding eight days.
The maximum penalties provided for in the first paragraph incur the culprit who commits the offense against one of the following persons:
– his spouse (Words added from June 27, 2020 by law n ° 1.481 of December 17, 2019)
<, his partner under a cohabitation contract or his cohabitant under a cohabitation contract> or any other person living with him under the same roof or having lived there permanently;
– any person whose vulnerability or state of dependence were apparent or known to him.
Item 274-1
When the nullity of the marriage is pronounced on the basis of the first paragraph of articles 117 or 148 of the Civil Code, any person who, by violence, including those referred to in article 236-1, or threats, forced one of the spouses to contract this marriage is punished by three to five years of imprisonment and the fine provided for in paragraph 4 of article 26.
Attempts and complicity are punishable.
Article 290
Anyone who, by fraud or violence, has abducted or caused to be abducted a minor, or has caused him to be dragged, diverted or displaced, or has caused him to be dragged, diverted or moved from places where he was placed by the authorities or to the direction of which he was subject or entrusted, shall be liable to imprisonment for five to ten years.
Article 291
If the minor thus abducted or embezzled was less than sixteen years of age, the punishment shall be that of imprisonment of ten to twenty years.
The maximum of the same penalty shall be imposed, irrespective of the age of the minor, if the perpetrator has been paid or was intended to be paid a ransom.
However, in the cases provided for in the two preceding paragraphs, the penalty shall be five to ten years’ imprisonment if the minor is found safe and sound before the conviction has been delivered.
The crime will carry the penalty of life imprisonment, if followed by the death of the minor.
Article 293
In the case where the abductor has married the abducted or misappropriated minor, he may be prosecuted only on the complaint of persons entitled to request the annulment of the marriage and sentenced only after the marriage has been null and void. Been pronounced.
CIVIL CODE
Item 42
Any violation of the provisions of this title or of those taken for their application, committed by the agents responsible for keeping or keeping the registers, is punishable by a civil fine not exceeding (Amount and monetary unit replaced at from January 1, 2002 by Law n ° 1.247 of December 21, 2001) <300 euros>, without prejudice to damages to injured parties.
Item 116
The man and the woman cannot marry before eighteen years.
Nevertheless, it is open to the Prince to grant exemptions from age for serious reasons if the minor is at least sixteen years old.
Item 117
There is no marriage without consent.
The marriage of a Monegasque, even contracted abroad, requires his presence.
Item 118
A legitimate minor child may marry with the consent of his father or mother.
Item 119
If the father or mother are deceased, deprived of parental authority or are unable to express their will, consent is given by the one of the ascendants of the closest degree.
If all the ascendants are deceased, deprived of parental authority or find it impossible to express their will, consent is given by the family council.
Item 120
A natural child who is a minor recognized by his father and mother can marry under the conditions provided for the legitimate child.
If it has been recognized by only one of its authors, the latter’s consent is sufficient.
If his father and mother are deceased, deprived of parental authority or unable to express their will, he can only marry with the authorization of the guardianship judge who takes the advice of the family council.
Item 121
An unrecognized minor natural child can only marry with the authorization of the tutelary judge who takes the advice of the family council.
Item 122
A minor child who has benefited from a simple adoption can only marry with the consent of the adopter; when the adoption has been carried out by two spouses, their disagreement entails consent.
Item 128
A woman whose marriage has been declared void cannot remarry before the expiration of a period of three hundred and ten days from the date on which the decision becomes irrevocable.
Item 129
The period of three hundred and ten days provided for in the three preceding articles ends in the event of childbirth.
It can be shortened by order of the tutelary judge ruling on the woman’s request, after hearing the Public Ministry, when spouses who are divorced or whose marriage is annulled remarry together or when it is not possible for the woman to be pregnant. works of her husband.
Item 133
The father or the mother and, failing them, the ascendants may oppose the celebration of the marriage of their child or descendant, even when they have reached the age of majority, in cases where their consent was required.
Item 134
Collaterals up to the fourth degree may, if they are of age, file an opposition when the consent of the family council required by the last paragraph of article 119 has not been obtained.
Item 136
The right to oppose the celebration of marriage also belongs in all cases to the public prosecutor.
Item 136-1
When there are serious indications, in particular in view of the hearing provided for by article 51, that the envisaged marriage is likely to be canceled under the first paragraph of Articles 117 or 148, the registrar must refuse to proceed with the publication provided for in Article 51 or, where applicable, the celebration of the marriage. He notifies without delay, by registered letter with request for acknowledgment of receipt by post, of his reasoned refusal to those concerned. He immediately informs the Attorney General.
Either party, even a minor, may apply to the court of first instance within one month of the presentation of the said letter.
In the month following its referral, the court of first instance must rule, in the council chamber, on the request. The decision of the court of first instance is immediately notified to the registrar by the general registry. After this period, the registrar must proceed with the marriage.
The registrar who does not comply with the prescriptions of the preceding paragraphs incurs the sanction provided for in article 42.
Item 137
The opposition is addressed to the registrar, in the form of an administrative notification when it emanates from the General Prosecutor’s Office, and by extrajudicial act in other cases. It must state the capacity of the opponent who is required to proceed with the election of domicile in Monaco and to specify the reasons for his opposition.
The registrar immediately informs the future spouses.
They can appeal for the release of the opposition before the court of first instance ruling in the council chamber.
By pronouncing the release, the court can award damages to the future spouses.
Item 145
The registrar who proceeds to the celebration of a marriage when the documents produced, or which should have been, revealed or would have revealed an impediment, incurs the sanction provided for in article 42 .
Item 147
A marriage celebrated in violation of articles 116 to 122, 124, 125, 130 and 131 is null. Marriage between persons of the same sex is also null.
The nullity action can only be exercised under the conditions set out below.
Item 148
When consent to marriage has not been freely given, but has been vitiated by violence, including coercion resulting from a reverential fear of others, l The action for nullity can only be brought by the spouse who is the victim of this defect or by the Attorney General.
When the consent to marriage has been vitiated by an error in the person or in the essential qualities of the person, the action for nullity can only be brought by the spouse who is the victim of this vice.
In the situations referred to in the two preceding paragraphs, the action is no longer admissible at the end of a period of five years from the marriage or since the husband has recovered his full freedom or that
Item 150
A marriage contracted in violation of articles 118 to 122 and 124 can only be annulled by the court of first instance at the request of the incapable person, of persons whose consent was required or of the family council.
The action is no longer admissible when the marriage has been expressly or tacitly approved by those whose consent was necessary or when five years have elapsed since ‘they had knowledge of the marriage or since the incapable person was able to act on his own.
Item 151
The action for annulment of the marriage based on articles 116, 117, 125, 130, 131 and 147, paragraph 2, can be exercised, within a time limit thirty years from its celebration, by one of the spouses, by any interested person or by the Attorney General.
In the case of article 125, it is ruled beforehand on the validity of the first marriage.
When invalidity is requested under Articles 130 and 131, the court may refuse to pronounce it in cases where the Prince could have authorized the marriage.
Item 154
When the action for nullity is not brought by a spouse, it is only admissible if both spouses or their heirs are called in question.