Monaco 1962 Constitution (reviewed 2002)

Chapter III. Fundamental Freedoms and Rights

Article 17

All Monegasques are equal before the law. There is no privilege among them.

Article 18

The circumstances in which Monegasque nationality may be acquired are laid down by law. The circumstances in which a person who has acquired Monegasque nationality by naturalization may be deprived of it are laid down in the law.

Loss of Monegasque nationality in any other circumstance may occur only, as prescribed by law, further to the intentional acquisition of another nationality or of service unlawfully carried out in a foreign army.

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 20

No penalty may be introduced or applied except by law.

Criminal law must ensure respect for individual personality and dignity. No one may be subjected to cruel, inhuman or degrading treatment.

Death penalty is abolished.

Criminal law cannot have any retroactive effect.

Article 21

The domicile is inviolable. No entry and search in the domicile can take place except in cases and in the manner prescribed by law.

Article 22

Every individual has the right for respect of private and family life and confidentiality of correspondence.

Article 23

Freedom of religion and of public worship, and freedom to express one’s opinions in all matters, is guaranteed, subject to the right to prosecute any offences committed in the exercise of the said freedoms.

No one may be compelled to participate in the rites or ceremonies of any religion or to observe its days of rest.

Article 24

Property is inviolable. No one may be deprived of property except for public benefit as established by law, and upon a fair, settled and paid compensation in the circumstances and manner specified by law.

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.

Article 26

Monegasques are entitled to the assistance of the State in the event of destitution, unemployment, sickness, handicap, old age and maternity in the circumstances and manner laid down by law.

Article 27

Monegasques are entitled to free primary and secondary education.

Article 28

Every person may defend the rights and interests of his/her occupation and function through a trade-union action.

The right to strike is recognized, subject to regulation of law.

Article 29

Monegasques have the right to assemble peacefully and without arms in accordance with the laws that may regulate the exercise of this right without subjecting it to prior authorization. This freedom does not extend to open-air meetings, which remain subject to police laws.

Article 30

Freedom of association is guaranteed, subject to regulation of law.

Article 31

Anyone may address petitions to the public authorities.

Article 32

Foreigners enjoy all public and private rights in the Principality that are not formally reserved to nationals.