The “Change Game”- Training cource on promoting intercultural awareness and
cooperation towards fighting against marginalization and promoting social
inclusion and equal opportunities of the LGBT community in Europe – Εκδήλωςη 2
Οκτωβρίου 2014, Σπίτι τησ Ευρωπαϊκήσ Ένωςησ
Χαιρετιςμοί, ευχαριςτίεσ
(Σφντομθ αναφορά ςτο κεςμό και ςτισ διάφορεσ αρμοδιότθτεσ.)
Despite the positive developments that I will briefly present below, public opinion in
Cyprus, as documented by Eurobarometer reports, European and national surveys,
ranks among the least tolerant in Europe concerning issues of sexual orientation and
gender identity.
[Σφμφωνα με τον Οργανιςμό Θεμελιωδών Δικαιωμάτων τθσ ΕΕ (Fundamental Rights
Agency-FRA), ο φόβοσ που δθμιουργοφν οι δθλώςεισ και τα εγκλιματα μίςουσ
εμποδίηουν τα ΛΟΑΔ (Λεςβίεσ, Ομοφυλόφιλοι, Αμφιςεξουαλικοί, Διαφυλικά άτομα)
άτομα να ςυμμετάςχουν πλιρωσ ςτθν κοινωνία. Κάποιεσ ζρευνεσ καταδεικνφουν
ότι ςε οριςμζνα κράτθ μζλθ, το 50% περίπου των ΛΟΑΔ ατόμων ζχουν πζςει
κφματα δθλώςεων ι εγκλθμάτων μίςουσ. Επειδι δεν υπάρχει ενιαία κοινοτικι
νομοκεςία, κάκε κράτοσ μζλοσ ακολουκεί τθ δικι του προςζγγιςθ ςτο κζμα αυτό].
The Cypriot Ombudsman under her capacity as Antidiscrimination Body is the first
institution to start paving the way for a debate in the Cypriot society regarding equal
treatment of LGBT. I will only refer to some of our interventions, on issues I believe
we were able to make a difference.
The first issue, the ADB dealt with was the freedom of movement of EU citizens and
the right of their homosexual partners who are third-country national to reside and
work in the country.
However, the most important intervention of the ADB consisted in the submission of
three reports underlining the necessity of legal recognition of same-sex relationships
as the legal gap amounted to a discriminatory treatment of same sex couples.
The response to the reports was quite controversial.
Among other reactions,
stemming mostly from the Church, n ex MP, criticized strongly our recommendations
and compared homosexuality to bestiality and pedophilia. Based on the specific
incident, the Anti-Discrimination Body submitted another Report, in June 2012, on
the prevention and handling of homophobic rhetoric examining the issue within the
framework of hate speech.
Despite the abovementioned reaction, the overall development on the issue was
quite positive. In February 2013, the Ministry of Interior submitted a Law Proposal
regulating civil partnership between different and same-sex couples. Currently a new
draft law is being in the process of consultation. Also last year that a draft law has
been submitted introducing in the penal code the homophobic motive as a motive
for hate crime. We will closely monitor and participate in the promotion of these
two draft laws and hope that all involved stakeholders will show the necessary
political will for their adoption.
Another intervention of the ADB, pertaining to the issue of homophobic bullying at
schools had a positive outcome, as recently the Ministry of Education and Culture,
following the Body’s recommendations, issued guidelines on how to tackle and
prevent discriminatory bullying in the school environment, including bullying on the
ground of sexual orientation and gender identity.
Also, over the past year, the ADB has dealt with issues pertaining to the rights of
transgender persons, whose visibility is still very low in the Cypriot society. After
receiving relevant complaints, we have issued two reports, one concerning the
police conduct in the arrest and detention procedure of trans persons and one
concerning the conditions of detention in the Central Prisons. In both cases we had
positive developments through the establishment of a consultation procedure both
with the Police and with the Direction of the Prisons. Following our intervention, a
police circular has been issued giving concrete guidelines to all police officers on how
to handle cases of arrest and detention of trans people, with the purpose of
respecting their rights and particular needs. In the Prisons, we have managed to
ensure that the transsexual detainee who requested our intervention will continue
her hormonal therapy and have full access to medical and psychological support.
Moreover, last year the Anti Discrimination Body, on the basis of 4 complaints,
submitted recommendations regarding the necessity of the official recognition of
transgender persons in their public documents, under clear, fast procedures and
without
disproportionate
requirements
such
as
sterilization
and
gender
reassignment procedure.
In addition to the issuing of reports and submission of concrete recommendations,
the Anti-Discrimination Office has an awareness raising role. In 2010 we organized a
series of actions in the Public Media to raise awareness and promote equality.
Overall the campaign was welcomed and played vital role in giving fuel to discussion
over the LGBT issues. However the reaction of the Cyprus Broadcasting Corporation,
which is the public broadcaster of the Republic of Cyprus, was disappointing, as it
refused to broadcast the radio spot on sexual orientation. This decision initiated a
public dialogue in the media with the majority of the journalists and the
commentators’ criticizing CyBc’s decision.
Fortunately, two years after our media campaign, the Cyprus Radiotelevision
Authority decided to proceed with amendments in legislation to ensure greater
respect and protection for LGBTs during the broadcasting of all TV programs and
Radio shows.
As you might be aware, Cyprus had its first pride festival this year which was very
successful. The Ombudsman had an active role in the festival and underlined in
many occations its importance.
I would like to stress out a variety of factors that have enabled both the functioning
and the impact of the ADB in Cyprus.
In 1993 the European Court of Human Rights ruled in favor of an activist for gay
rights, Mr. Alecos Modinos, against Cyprus, as regards the penalization in the Law of
sexual acts among men. It took 5 years for the Parliament in Cyprus to abolish the
particular law while the decision was finally taken by the least possible Members of
the Parliament, since many of them disagreed or wanted to avoid “political cost” by
taking stance.
After the decriminalization, it took Cypriot society another decade to bring on the
surface other issues related to LGBT rights. The admission of Cyprus in the EU in
2004 and the increased knowledge of legislation against discrimination based on
sexual orientation gave the LGBT community the necessary strength to speak up and
be heard. The adoption of the EU Directive against all forms of discrimination and
the functioning of the Anti-Discrimination Body under the roof of the Ombudsman’s
Office, had a crucial role in stepping up the forming dialogue. The expertise of ADB in
the EU aqcuis and its intermediary role between citizens, civil society organizations
and public bodies enabled individuals, who in the past remained in the dark, to step
up, file complaints and demand the full respect of their rights.
In 2010, after the Anti-Discrimination’s Body interventions that ACCEPT-LGBT, the
first organized NGO for promoting LGBT rights, was established. The ADB cooperates
closely with ACCEPT and through this cooperation the LGBT persons become more
visible and demand safeguarding of their fundamental rights.
In addition, the consultation procedure has been proven to be very useful for the
functioning of ADB as regards LGBT rights. After receiving individual complaints, we
inform the authorities on the particular cases, explain their obligations under
national and European human rights law and through this consultation we have had
very positive outcomes.
It is important to note that a positive shift of attitude is evident in Cypriot politics.
Having in mind the absolute absence of such matters in all previous political
agendas, it was good to hear that all three candidates in the Presidential Elections of
last February committed themselves to promoting equal rights for LGBTs. Finally, the
elected President expressed his support for the adoption of civil partnership for
same-sex couples.
Overall I would argue that the ADB managed to increase the visibility of LGBT
persons, include their rights and requests in the political agenda and develop a close
and fruitful cooperation with traditionally “conservative” public bodies, such as the
police and the Prisons Department. One of our main achievements is the gradual
formation of a culture of acceptance and respect for all. Despite the shortcomings
and the long and difficult road ahead of us, we will continue reporting on the issue,
emphasizing on the principle of non-discrimination and consistently support any
action aiming to raise awareness on LGBT rights.