LGBT rights in Monaco

LGBT rights in Monaco
Location of  Monaco  (dark green) in Europe  (dark grey)  —  [Legend]
Same-sex sexual activity legal?	Legal since 1793
Gender identity/expression	-
Military service	No armed forces, but there is a National Guard, also (France responsible for defence)
Discrimination protections	No
Family rights
Recognition of relationships	No
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Monaco may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Monaco, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal. Criminal penalties for homosexual acts were eliminated in 1793 due to the adoption of French laws. The age of consent is 15.

Gender identity/expression

See also: Legal aspects of transsexualism

Recognition of same-sex relationships

Monaco does not recognize same-sex unions or marriages.

However, an interview in November 2010 mentioned that Jean-Charles Gardetto [1], a member of Monaco's parliament and lawyer, was preparing a proposition of law intending to legally define the cohabitation concept, either for heterosexual or for homosexual couples.

Military Service

No armed forces, but there is a National Guard, also (France responsible for defence) France, which allows openly gay, lesbian and bisexual people to serve in the military.

Adoption and family planning

See also: LGBT parenting

Same-sex couples do not have the right to adopt children.

Civil rights protection

The Constitution does not expressly address discrimination or harassment on the basis of sexual orientation or gender identity. None of the active political parties have publicly endorsed LGBT rights. The Constitution does provide for general civil rights protections, including equality before the law, due process, privacy rights, freedom of religion and opinion.

In July 2011, the National Council of Monaco (Monegasque Parliament) adopted an anti-discrimination and anti-harassment proposition of law.
According to Monaco's legislative process, if a proposition of law is adopted by the Assembly, the Minister of State has a six-month delay to let know to the National Council his decision about the future he intends to give to the text:

• either he transforms this proposition of law, possibly amended (but without changing the spirit of it), in a project of law. In this case, he has a one-year delay since the end of the first six-month delay to lay it on the Assembly desk and this project of law will follow the procedure;
• or he puts an end to the legislative process. This decision is explained by a declaration read in public session. This declaration may be followed by a debate.

So, if agreed by the Minister of State, the law wouldn't come into force before February 2012, at the earliest.

Main articles concerning LGBT people are:

• Article 1 clearly outlaws discrimination connected to, among other categories, "sex, true or purported sexual orientation or mores, civil status, family situation"
• Article 3 applies this prohibition to work in both public and private sector, contacts with administration, access and delivery to goods and services (accommodation is not namely cited but included in this category), family relationships, access to recreational, cultural or public locations or events, among other situations.
• Article 8 precises that these discriminations at work may not occur concerning : access or working conditions, remuneration conditions, disciplinary measures, firing conditions.
• Article 9 forbids, at work, sanctions, firing or discriminatory measures connected to Article 1 categories of people
• However, work exceptions are considered, in article 10, if conditions about sex and religious or philosophical beliefs are essentially inherent, rational and proportioned to the proposed job. Church-connected jobs are here implicitly considered, but not the rental of Church-owned facilities, implicitly forbidden as discrimination to the access of services under Article 1.
• Article 20 generally forbids, to all – employers and fellow employees –, moral or sexual harassment and violence at work, as well as discriminatory measures or negative work consequences connected to or in case of submission or non-submission.
• Article 40 provides for penalties in case of defamation or non-public insult connected to true or purported sexual orientation, among other reasons.
• Article 44 provides for the creation a school program of education and sensibilization against racism and all Article 1 discriminations, every year of primary and secondary school cycles.

See : Law's webpage on National Council of Monaco's website and Text of Law (in French)

Living Conditions

Most Monagasques affiliate with the Catholic Church, which traditionally views homosexuality and cross-dressing as signs of immorality. Monaco is not affiliated with the European Union, which requires its members to respect certain LGBT-rights protections, but Monaco and its people have a strong cultural and economic relationship with France.

The LGBT community in Monaco does support some gay-friendly establishments within Monaco itself. There are no official gay places to be found in Monaco, as there are in the nearby French cities Marseille, Nice and Lyon.

See also

• Politics of Monaco
• LGBT rights in Europe