LGBTQ Rights in Monaco: Ongoing Challenges and Inequalities

 

Monaco ranks among the lowest 6% of European countries in terms of basic rights and freedoms granted to LGBTQ individuals.

While homosexuality appears to be socially accepted in the Principality of Monaco, some individuals hesitate to be openly visible in the Principality. "There are only about a dozen registrations to attend this discussion; people are afraid to be out of the closet in Monaco, especially in professional settings," said Véronique de Millo Terrazzani at the start of her discussion event.

The president of the Union of Monegasque Women organized a panel this past Tuesday, featuring National Councillor and LGBTQ rights rapporteur to the Council of Europe Béatrice Fresko-Rolfo, and the LGBTQ association "Mon'arc en Ciel",and Marina Ceyssac, High Commissioner for the Protection of Rights and Mediation. The two-hour discussion focused on the legal and social challenges faced by LGBTQ individuals in Monaco.

"In the Principality, LGBTQ individuals do not have equal rights regarding inheritance, survivor's pensions, or parental leave. This is the unfortunate reality of Monaco," lamented Béatrice Fresko-Rolfo. "Mon'arc en Ciel" presented anonymous testimonies illustrating the difficulties faced by LGBTQ people in the country.

One pressing issue is survivor's pensions, which have changed since Monaco took over additional pension funds for Monegasque employees. "Brigitte has been married to Aurore for over ten years. Brigitte recently retired after working her entire career in Monaco. If Brigitte were to pass away, Aurore would not be entitled to her survivor's pension," explained Anaïs from "Mon'arc en Ciel."

The High Commissioner acknowledged this concern, citing multiple cases brought to her office. "In June 2024, we issued a recommendation to the government referencing the European Convention on Human Rights and the case law of the European Court of Human Rights."

With Monaco's complementary pension funds applying local laws that do not recognize same-sex marriages, previously granted rights for LGBTQ individuals are no longer valid. Marina Ceyssac noted the constructive stance of authorities but warned, "If cases were taken to the European Court of Human Rights, Monaco risks condemnation."

This inconsistency is evident in various legal matters. "In some instances, Monaco recognizes same-sex marriages contracted abroad, such as when considering a spouse's income for benefits. However, when it comes to granting rights, these marriages are disregarded."

Another example was highlighted: "Julia and Christelle recently had a child. Both work in Monaco, but Christelle, the non-biological mother, was denied paternity leave by the CCSS, even though both incomes are considered for other matters."

Ceyssac suggested amending terminology in legal texts. "We proposed replacing 'father' and 'mother' with 'parents' to ensure equal parental leave. Unfortunately, this was not retained in legislative discussions."

The issue extends to child custody in case of a parent's death, even when same-sex couples are legally married abroad. "Stéphanie and Maria have a child. Stéphanie is the biological mother. If she were to pass away, Maria would have no legal rights to custody," shared a "Mon'arc en Ciel" volunteer.

"During discussions on the adoption bill, we advocated for allowing same-sex parents to adopt their partner's child. However, bureaucratic obstacles prevented progress despite the National Council's willingness," added Béatrice Fresko-Rolfo.

The High Commissioner suggested that Monaco could align with European standards to grant parental rights through judicial means. A concerned attendee shared their experience: "My ex-partner and I arranged a future protection mandate for our daughter with a notary. If my ex-partner were to pass away, I would be recognized as the legal guardian until she turns 18. However, this protection is fragile and can be unilaterally revoked. It should be enshrined in law."

Another significant challenge is nationality rights for children in same-sex families. "Laura, a Monegasque citizen, and Lisa, a French national, live in Monaco with their two children, Nathan and Alice. Laura is Nathan's biological mother, while Lisa is Alice's. Nathan is Monegasque, but Alice is not. Nathan struggles to understand why his sister cannot access the same rights and privileges, such as attending official state events."

Marina Ceyssac acknowledged the legal complexity of this issue: "In theory, solutions exist, but in practice, Monaco's civil and nationality laws must be considered. This disparity affects not just childhood but also future challenges regarding housing, taxation, and social benefits."

The discussion underscored the urgent need for legislative reform to ensure equal rights and protections for LGBTQ individuals and their families in Monaco.