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.
MONEGASQUE CONSTITUTION 1962 (REV. 2002)
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.
PENAL CODE (PDF)
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.
2015 HUMAN RIGHTS REPORT (PDF)
