| For a summary of Cyprus’ review at the second cycle please click here. |
6th UPR session
Date of review: 30 November 2009
Date of report adoption: 4 January 2010
Document number: A/HRC/13/7
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SUMMARY SOGIESC issues during Cyprus’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non discrimination
12. ILGA-Europe and AKOK reported that in Cyprus, lesbian, gay and bisexual persons enjoy legal protection against discrimination in the areas of employment, through the transposition of the European Union Employment Framework Directive. However, according to information from the European Union Fundamental Rights Agency cited by ILGA-Europe and AKOK, the implementation of this directive fails to ensure: the repeal of discriminatory laws and provisions; dialogue and consultation with NGOs; dissemination of information targeting vulnerable groups; and resources for the equality body. ILGA-Europe and AKOK also made reference to prejudices amongst society and the lack of targeted awareness raising measures which have so far prevented Cypriot LGBT persons from using the equality body procedure at national level.
13. ILGA-Europe and AKOK made reference to hate speech reports, noting that according to the Gay Liberation Movement, members of the Church as well as politicians frequently make statements which are reportedly fuelling stigma against LGBT persons and constitute another significant obstacle to combating discrimination based on sexual orientation.
Right to privacy, marriage and family life
23. ILGA-Europe and AKOK indicated that while LGBT persons in the southern part of the island experience widespread discrimination and marginalisation, their situation in the northern part of the island is rendered more difficult by the existence of criminal provisions prohibiting homosexual relations. ILGA-Europe and AKOK noted that a provision criminalizing sexual relations between consenting adult males is still in effect in the northern part of the island. ILGA-Europe and AKOK stressed that the jurisdictional complications constitute a significant obstacle in repealing this criminal provision.
Right to education and to participate in the cultural life of the community
31. ILGA-Europe and AKOK noted that the lack of awareness-raising and education about human rights and LGBT issues significantly contributes to the ongoing stigmatisation of LGBT people in the southern part of the island. ILGA-Europe and AKOK stated that this is particularly true in schools where lesbians, gays, bisexuals and transgender are either portrayed negatively or made invisible in the curriculum. The lack of access to sex education in schools was also highlighted as a problem. ILGA-Europe and AKOK recommended that Cyprus authorities: ensure that education is directed to the development of each student’s personality, talents, and mental and physical abilities to their fullest potential, and responds to the needs of students of all sexual orientations and gender identities; and that education methods, curricula and resources serve to enhance understanding of and respect for, inter alia, diverse sexual orientations and gender identities, including the particular needs of students, their parents and family members related to these grounds.
II. Excerpts on SOGIESC issues from the national report
Equality and protection against any form of discrimination
46. The Combating of Racism and Other Discrimination (Ombudsman) Law, 2004 [L.42(I)/2004] provides for protection from discrimination on the grounds of racial or ethnic origin, national origin, disability, age, religious or other beliefs, sexual orientation, age or gender. The Law includes the ground of “national origin” in the Ombudsman’s mandate.
47. The Criminal Code (Amendment) Law [L.145(I)/2002] abolished all discriminatory provisions relating to homosexual acts, as it did in relation to offences against morality.
Right to work/employment. Right to just and favourable remuneration. Equal pay for the work of equal value
102. Further relevant legislation ensures gender and non-discrimination equality: […] The Equal Treatment in Employment and Occupation Law [L.58(I)/2004, as amended] provides for the elimination of discrimination on the base of racial or ethnic origin, religion or belief, age and sexual orientation; […]
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
26. Within the framework of the European Year of Equal Opportunities for All (2007), the Cyprus Family Planning Association, in cooperation with the Gay Liberation Movement of Cyprus, organized an awareness-raising campaign on sexual orientation. Discriminatory acts on the ground of sexual orientation are criminally punishable.
45. The Netherlands appreciated the answers given to written questions. It welcomed the commitment of Cyprus to combat gender discrimination. However, reports still expressed concerns about deep-rooted stereotyped attitudes. […] It noted that despite the efforts already taken by Cyprus, the stakeholders’ reports pointed out concerns with regard to discrimination on the ground of sexual orientation.
57. Slovenia stated that the rise of hate speech arising from discrimination based on sexual orientation and sexual identity had been noted. It asked what specific measures Cyprus intended to take to fight against discrimination and marginalization based on sexual orientation and sexual identity and to combat hate speech on those grounds.
67. The United States of America was concerned […] about cases of violence against women, child abuse, trafficking in persons, discrimination against Turkish Cypriots living in Government-controlled areas, and discrimination against Roma and members of minority ethnic and national groups, and against homosexuals.
V. Conclusions and/or recommendations
Cyprus accepted the following recommendations:
87.26. Reinforce existing non-discrimination legislation and take all necessary measures to prevent discrimination on the grounds of sexual orientation (Netherlands);
87.27. Prohibit all discriminatory practices and criminalize defamation, slander and incitement to discrimination, hostility or violence, whether they are public or not, towards a person or a group of persons because of their sexual orientation (France);
87.36. Intensify specific awareness-raising activities regarding sexual orientation at a national level to contribute to a better protection of the rights and freedoms of gays, lesbians, bisexuals and transsexuals (Spain).
VI. Further information
You will find all documents relating to Cyprus’s first review at UPR-Info and OHCHR’s websites.