Human Rights Law at Cyprus
Human Rights Law in Cyprus
Cyprus, located in the Eastern Mediterranean, has a complex human rights framework due to its historical divisions and political context. The Republic of Cyprus is an EU member and is internationally recognized, while Northern Cyprus is only recognized by Turkey. This situation creates distinct challenges for the protection and enforcement of human rights, particularly in the areas of political rights, freedom of movement, and property rights.
Below is an overview of human rights law in Cyprus:
1. Constitutional Framework
The Constitution of the Republic of Cyprus was adopted in 1960, following the country’s independence from Britain. This Constitution enshrines fundamental rights and freedoms for all citizens. However, due to the Turkish invasion of Cyprus in 1974, and the subsequent division of the island, these rights are not uniformly enforced across the entire territory of Cyprus.
Key Human Rights Guarantees in the Constitution:
Freedom of Expression: Article 19 guarantees the right to freely express one’s opinions, including freedom of speech, the press, and information.
Equality Before the Law: Article 28 guarantees equality before the law and prohibits discrimination on grounds of race, sex, religion, or other status.
Right to Property: Article 23 recognizes the right to own property, though this right is complicated by the disputed territories.
Freedom of Assembly and Association: The Constitution protects the right to assemble peacefully and to form associations (Article 24).
Protection Against Arbitrary Arrest and Detention: Article 11 prohibits arbitrary arrest and detention, ensuring that individuals cannot be detained without legal grounds.
Despite these constitutional protections, the division of the island poses challenges, particularly for citizens living in the Turkish-occupied north.
2. International Human Rights Obligations
As a member of the European Union, the Republic of Cyprus is bound by the EU Charter of Fundamental Rights and European Union law. In addition, Cyprus has ratified numerous international human rights treaties and is committed to upholding international human rights standards.
Key International Human Rights Instruments Cyprus has ratified:
European Convention on Human Rights (ECHR): Cyprus is a party to the ECHR, which provides robust protections for civil and political rights, including freedom of expression, right to a fair trial, and freedom from torture.
International Covenant on Civil and Political Rights (ICCPR): Cyprus is a party to the ICCPR, ensuring protections for civil and political rights, including the right to life, freedom of expression, and freedom from arbitrary detention.
International Covenant on Economic, Social, and Cultural Rights (ICESCR): Cyprus is a signatory to the ICESCR, guaranteeing economic, social, and cultural rights, such as the right to work, right to health, and right to education.
Convention on the Elimination of All Forms of Racial Discrimination (CERD): Cyprus is a signatory to CERD, which mandates the elimination of racial discrimination.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Cyprus has ratified CEDAW, which requires measures to eliminate gender-based discrimination and ensure equality for women.
United Nations Convention Against Torture (CAT): Cyprus is committed to preventing torture and inhumane treatment under CAT.
3. Human Rights Issues and Challenges
While Cyprus is largely aligned with international human rights standards, there are several challenges related to its unique political and social context:
1. The Division of the Island
The division of Cyprus between the Republic of Cyprus and the Turkish Republic of Northern Cyprus (TRNC)—which is recognized only by Turkey—has led to several human rights challenges, particularly regarding:
Property Rights: One of the most significant issues is the right to property. Greek Cypriots in the North (currently under Turkish control) lost their property when they were displaced during the 1974 invasion. While some have sought to reclaim property, the Turkish Cypriot authorities in the north have not consistently recognized these claims, and the European Court of Human Rights (ECHR) has issued rulings in favor of compensation or restitution in some cases.
Freedom of Movement: Movement between the Greek Cypriot South and the Turkish Cypriot North is highly restricted. Though there are several crossing points in recent years, movement is still complicated by the political situation, and individuals may face difficulty in traveling across the island without encountering bureaucratic or political hurdles.
Cultural and Religious Rights: Both Greek Cypriots and Turkish Cypriots have faced challenges regarding the preservation of their religious and cultural heritage. The Republic of Cyprus has made efforts to protect these rights for Turkish Cypriots in the South, but Greek Orthodox sites in the North have been subject to damage and neglect.
2. Discrimination and Racial Inequality
Racial Discrimination: Cyprus has seen instances of discrimination against migrant workers, particularly those from non-EU countries, who may face unequal access to social services, lower wages, and poor working conditions.
LGBTQ+ Rights: Cyprus has made significant strides regarding LGBTQ+ rights. Same-sex relationships were decriminalized in 1998, and civil unions were legalized in 2015. However, social stigma and discrimination still exist, particularly in more rural areas or among older generations. In 2018, Cyprus passed an anti-discrimination law protecting LGBTQ+ people, but there is ongoing work needed to combat prejudice.
3. Freedom of Expression
While the freedom of expression is protected by the Constitution and international agreements, journalists and media outlets have faced intimidation and harassment at times, especially when reporting on sensitive political issues. Press freedom remains relatively high in comparison to many other countries in the region, but there are still concerns about the concentration of media ownership and the political affiliations of media outlets.
4. Refugee and Asylum Seekers’ Rights
Cyprus has become a key destination for refugees and asylum seekers, particularly from Syria, Lebanon, and Africa. The government has made efforts to provide asylum and refuge, but challenges remain in terms of:
Access to services: Migrants and refugees often face difficulties in accessing healthcare, housing, and employment.
Integration: Refugees and migrants, particularly those from non-EU countries, may face challenges integrating into Cypriot society due to cultural, linguistic, and economic barriers.
5. Gender-Based Violence
Cyprus has laws aimed at combating gender-based violence, including the Istanbul Convention (ratified in 2017), which seeks to prevent and combat violence against women and domestic violence. However, there are concerns about underreporting of domestic violence and lack of support services for women who are victims of violence.
4. Key Human Rights Institutions
The Commissioner for Administration (Ombudsman): Cyprus has an independent Ombudsman who is tasked with promoting and protecting human rights. The Ombudsman handles complaints about maladministration, discrimination, and human rights violations.
The Human Rights Committee: Cyprus has a Human Rights Committee which monitors the country’s compliance with international human rights obligations. It also engages in public awareness campaigns and human rights education.
The Ministry of Justice and Public Order: This ministry is responsible for implementing laws related to human rights and overseeing the country's commitment to international human rights standards.
5. Recent Developments
LGBTQ+ Rights: In 2020, the Cyprus government introduced new regulations to further protect LGBTQ+ individuals. These efforts included measures against discrimination and hate crimes, and additional support for LGBTQ+ youth.
Property Claims and European Court of Human Rights: The Republic of Cyprus continues to press its claims regarding property rights and restoration of displaced persons’ property. In several cases, the ECHR has ruled in favor of Greek Cypriots seeking compensation for property lost in the Turkish-controlled North.
Refugee and Migrant Rights: There have been increasing challenges related to the rising number of asylum seekers and migrants, prompting the government to strengthen asylum procedures, though critics argue that conditions in detention centers remain inadequate.
6. Summary
Cyprus guarantees strong human rights protections in its Constitution and adheres to EU law and international treaties.
The division of the island remains the most significant human rights challenge, especially regarding property rights, freedom of movement, and the protection of cultural heritage.
While LGBTQ+ rights have seen improvement, there are still areas of social discrimination.
Migrant rights and integration continue to present challenges.
Cyprus has active institutions like the Ombudsman and Human Rights Committee, which work to uphold human rights in the country.
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