High Commissioner for the Protection of Rights and for Mediation: extending its remit to include the protection of children's rights

Sovereign Order no. 10.845 of 1st October 2024 (JDM no. 8717 of 10 October 2024) establishes the High Commissioner for the Protection of Rights and for Mediation ("Haut Commissariat à la protection des droits et à la médiation") under a new legal framework in line with international standards*:

• a new mission: the protection of children's rights enshrined in Monaco's national legislation or international commitments,
• a broader remit to protect the rights and freedoms with the right to refer matters to itself.

As a result, Sovereign Order no. 4.524 of 30 October 2013, which established the High Commissioner for the Protection of Rights and Freedoms and for Mediation, is repealed.

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REFORM FOLLOWING THE RECOMMENDATIONS OF THE UNITED NATIONS HUMAN RIGHTS COUNCIL (Universal Periodic Review 2024)

This reform is linked to Recommendations 97.1 to 97. 4 concerning the role of the Office of the High Commissioner for the Protection of Rights and Freedoms and the Mediation of Monaco and the strengthening of its power of investigation of the United Nations Human Rights Council (Report of the Working Group on the Universal Periodic Review - Monaco, 13 March 2024, Fifty-sixth session, 18 June-12 July 2024, Item 6 of the agenda, Universal Periodic Review, A/HRC/56/13; Observations of Monaco on the conclusions and/or recommendations, 17 April 2024, A/HRC/56/13/Add.1 specifying that ‘a review of Sovereign Order n° 4.524 of 30 October 2013 is underway’).

The Recommendations concerning the High Commission formulated by the Working Group and supported by Monaco are as follows:

• 97.1 Strengthen the role of Monaco’s Office of the High Commissioner for the Protection of Rights and Freedoms and for Mediation, to ensure its compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and seek accreditation by the Global Alliance of National Human Rights Institutions seek accreditation by the Global Alliance of National Human Rights Institutions.
• 97.2 Adopt the necessary measures to strengthen the mandate of the Office of the High Commissioner for the Protection of Rights and Freedoms and for Mediation in the promotion and protection of human rights.
• 97.3 Continue strengthening its Office of the High Commissioner for the Protection of Rights and Freedoms and for Mediation, in line with international standards.
• 97.4 Strengthen the investigative powers of the High Commissioner for the Protection of Rights and Freedoms and for Mediation.

With regard to accreditation with the Global Alliance of National Human Rights Institutions (GANHRI), the Office of the High Commissioner had pointed out in its Contribution to the 3rd cycle of the United Nations Universal Periodic Review on Monaco (at the request of the Human Rights Council) that it did not meet all the criteria of the Paris Principles in order to apply for accreditation.

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INTERNATIONAL STANDARDS FOR NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

• "Principles on the Protection and Promotion of the Ombudsman Institution" ("The Venice Principles") of the Venice Commission (European Commission for Democracy through Law) of the Council of Europe (CDL-AD(2019)005-f, 15-16 March 2019) constitute the international reference text in this area. It was drawn up in partnership with ombudsman associations and international organisations, including the International Ombudsman Institute (a global association of ombudsmen from over 100 countries) and the Office of the United Nations High Commissioner for Human Rights.
• Resolution A/RES/77/224 on "The role of Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law" of the United Nations General Assembly (15 December 2022), "Acknowledging the principles on the protection and promotion of the Ombudsman institution (the Venice Principles)" and "Recognizing that the role of Ombudsman and mediator institutions, whether they are national human rights institutions or not, is the promotion and protection of human rights and fundamental freedoms, promotion of good governance and respect for the rule of law, as a separate and additional function, but also as an integral part to all other aspects of their work".
• Principles relating to the Status of National Institutions (The Paris Principles) (Annex to Resolution 48/134 “National institutions for the promotion and protection of human rights”, 20 December 1993).

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SUMMARY OF THE REFORM

Under this new legal framework, the Office of the High Commissioner for the Protection of Rights and Mediation is responsible for:

1. protecting the rights and freedoms of citizens in their dealings with public authorities and establishments;
2. combating direct or indirect discrimination prohibited by law or by an international commitment ratified and made enforceable by Monaco
3. protecting the rights of the child as enshrined in law or in an international agreement ratified and enforced by Monaco* and to carry out any awareness-raising and information activities in this area;
4. promoting the defence of rights and freedoms by carrying out any information and awareness-raising action it deems appropriate, by proposing or participating in initiatives by public or private bodies, or by taking up, if it deems necessary, any question of a general nature for study or recommendation.

* The United Nations Convention on the Rights of the Child of 20 November 1989 (New York Convention) entered into force in Monaco on 21 July 1993, the Optional Protocol to the Convention on the involvement of children in armed conflict of 25 May 2000 on 12 February 2002, and the Optional Protocol to the Convention establishing a communications procedure on 24 December 2014.

The High Commissioner for the Protection of Rights and for Mediation may now be referred to, on an amicable basis and free of charge:

1. by any natural person or legal entity who considers that their rights and freedoms have been infringed by the Minister of State, the President of the Parliament, the Director of Judicial Services or the Mayor, or by the operation of a department reporting to these authorities or a public establishment;
2. by any natural person or legal entity who considers that, in the Principality, they have been the victim of direct or indirect discrimination prohibited by law or by an international agreement ratified and enforced by Monaco;
3. by a minor who invokes the protection of his or her rights or a situation calling into question his or her interests in Monaco, or by his or her legal representatives, the members of his or her family, the medical or social services or any approved association whose mission is to defend the rights of the child.

The High Commissioner may also:

• liaise with associations, groups and other non-profit-making bodies of a social or humanitarian nature, whose activities are of interest with regard to the protection of the rights and freedoms of citizens in their relations with the Administration, the fight against discrimination or the protection of children's rights.
• to establish relations with foreign institutions carrying out similar missions to its own, as well as with their groupings, within the limits of its competence and in compliance with the Principality's international commitments, subject to informing the Prince in advance.
• to take part in dialogue with the bodies responsible for human rights within the international organisations of which the Principality is a member, or arising from international conventions on human rights ratified and enforced by the Principality, alongside the Minister of State, the President of the National Council, the Director of Judicial Services or the Mayor, and under the same conditions as those mentioned above.
• to be called upon by the bodies of the aforementioned international organisations to monitor the implementation of the aforementioned international conventions, and in this context, to initiate studies or recommendations to the Minister of State, the President of the Parliament, the Director of Judicial Services or the Mayor.

The High Commissioner is accountable for the performance of his duties and draws up an annual report which is made public and which, on the basis of the cases dealt with, may conclude with proposals of a general nature.

It publishes and updates a website for the general public, presenting his missions, the texts that govern him, the reports and public documents that he draws up and, more generally, all the information that is useful for people to be properly informed about his role and the way in which he intervenes.

Official website of the Office of the High Commissioner for Rights Protection and for Mediation 🔗 https://www.hautcommissariat.m...

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