Cyprus | www.non-discrimination.net

Introduction

The information contained on this page represents the situation as of 1 January 2011 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Corina Demetriou
E-mail: oflamcy@logos.cy.net

Country context

Cyprus was granted independence in 1960 with a Constitution that set out a power-sharing system, strictly communally divided between the ‘Greeks’ and the ‘Turks’. The Constitution recognises two ‘communities’, the Greeks and the Turks and three ‘religious groups’, the Maronites, the Armenians and the Latins. The ‘religious groups’ were obliged to opt to belong to one of the ‘communities’ and opted to belong to the Greek community.

read complete article

Main principles and definitions

All definitions of ‘discrimination’ contained in the Directives are virtually replicated in the national laws. Thus, discrimination is defined as less favourable treatment than the treatment afforded to another person in a similar situation.

read complete article

Enforcing the law

Victims have the option of submitting a complaint to the equality body or to the courts. Litigation could either be in the field of administrative law, via recourse to the Supreme Court to set aside an administrative act under article 146 of the Constitution, or to the district court or labour tribunal in accordance with the laws transposing the two Directives, or to the district court for violation of the constitutional anti-discrimination provision.

read complete article

Main legislation

The Cypriot Constitution contains a general anti-discrimination provision which corresponds to Article 14 of the European Convention on Human Rights (ECHR), but includes additionally the ground of belonging to either the ‘Greek’ or the ‘Turkish’ community. Age, disability and sexual orientation are not covered by the Constitution.

read complete article

Material scope

The scope of the anti-discrimination laws covers both the private and the public sector and includes all fields provided in the Directives. Thus, discrimination on all five grounds is forbidden in employment, access to vocational training, working conditions including pay, membership of trade unions or other associations.

read complete article

Equality bodies

In 2004, the Ombudsman was appointed as the national equality body, empowered:

to combat racial discrimination as well as discrimination forbidden by law and generally discrimination on the grounds of race, community, language, colour, religion, political or other beliefs and national or ethnic origin;
to promote equality of enjoyment of rights safeguarded by the Constitution or by the Conventions ratified by Cyprus (which includeProtocol 12 of the ECHR and the Convention for the Elimination of All Forms of Racial Discrimination) irrespective of race, community, language, colour, religion, political or other beliefs, national or ethnic origin;
to promote equality of opportunity irrespective of the aforesaid grounds plus the grounds of special needs and sexual orientation.

read complete article