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UNITED
NATIONS
Distr.
GENERAL
CEDAW/C/CYP/1-2
4 May 1995
ORIGINAL:
ENGLISH
COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION
Initial and second periodic reports of States parties
CYPRUS
PREFACE
Cyprus ratified the Convention on the Elimination of All
Forms of Discrimination against Women in 1985 by law No. 78/85.
The present report is the first to be submitted to the
Secretary-General of the United Nations for examination by the
Committee on the Elimination of Discrimination against Women
(in accordance with the provisions of article 18) since the
signing and ratification by Cyprus of the Convention.
Therefore it should be regarded as the initial and second
report updating the developments on the question of equality
between women and men during the years 1985-1993.
CONTENTS
Paragraphs Page
I. INTRODUCTION ........................ 1- 47 4
II. DATA ABOUT CYPRUS ................... 48 - 81 15
III. ARTICLE 1.
INTERPRETATION OF DISCRIMINATION ..... 82 - 92 27
IV. ARTICLE 2.
ELIMINATION OF LEGAL AND REAL
DISCRIMINATION ........................ 93 - 117 28
V. ARTICLE 3.
NATIONAL WOMEN'S MACHINERY .............. 118 - 132 32
VI. ARTICLE 4.
SPECIAL TEMPORARY MEASURES - POSITIVE
ACTION PROGRAMMES .........................133 - 136 36
VII. ARTICLE 5.
CHANGE OF SOCIAL ATTITUDES - VIOLENCE
AGAINST WOMEN ............................ 137 - 168 37
VIII. ARTICLE 6.
TRAFFIC IN WOMEN AND THE EXPLOITATION OF
PROSTITUTION OF WOMEN ..................... 169 - 187 42
IX. ARTICLE 7.
POLITICAL AND PUBLIC LIFE AND NATIONAL
GUARD .................................... 188 - 222 45
X. ARTICLE 8.
REPRESENTATION AT THE INTERNATIONAL
LEVEL ............................ 223 - 225 52
XI. ARTICLE 9. NATIONALITY ................ 226 - 231 53
XII. ARTICLE 10. EDUCATION .................. 232- 261 56
XIII. ARTICLE 11. EMPLOYMENT .................. 262- 340 72
XIV. ARTICLE 12. HEALTH AND AIDS ............. 341 - 371 100
XV. ARTICLE 13. ECONOMIC AND SOCIAL LIFE ..... 372 - 381 109
XVI. ARTICLE 14. RURAL WOMEN ................ 382 - 440 115
XVII. ARTICLE 15. EQUALITY BEFORE THE LAW ..... 441 - 452 132
XVIII. ARTICLE 16. FAMILY LAW ............... 453 - 516 134
I. INTRODUCTION
A. 1960-1974
1. On attainment of its independence in 1960, Cyprus had all the
symptoms of underdevelopment. The Government and people of
Cyprus have worked hard ever since to achieve the highest
possible economic and social development, with spectacular
results. However, the fast and uninterrupted social and economic
development which characterized the post-independence period was
brought to an abrupt end by the invasion of Cyprus by Turkey in
1974.
2. In consequence, Turkey, by the use of force of arms, occupied
and continues illegally to hold 37 per cent of the territory of
Cyprus, an area which contributed 70 per cent of the country's
gross output. One third of the whole population of the island
was uprooted from their homes and peaceful occupations and became
refugees in their own country.
3. Thus, the unprecedented progress and development of the
island was interrupted and instead of further progress the people
of Cyprus embarked on a struggle for their very survival.
4. Massive unemployment struck the economically active
population, with detrimental effects especially for working
women.
As in most refugee situations, the heaviest burden falls on the
shoulders of women who, on the one hand, have to strive to retain
the cohesion of the family, severely hit by the uprooting, and,
on the other hand, to make possible the adaptation to the host
environment with the minimum of consequences on the upbringing of
children and the continuity of the socio-cultural traditions.
B. 1975-1985
5. The beginning of the United Nations Decade for Women (1975-
1984) found Cyprus to be confronted with huge social and economic
problems created by the Turkish invasion and occupation of the
northern part of the country.
6. The country, which still remains partly under occupation, had
to shift its objectives and to undertake a tremendous effort for
social and economic reconstruction, the primary aims of which
were the provision of basic assistance to meet the minimum
requirements for survival, the gradual rehousing and
rehabilitation of the refugees and the reactivation of the
economy.
7. These developments imposed a dynamic social policy. The
State responded by applying various measures in order to
alleviate the problems of living, housing and employment of the
displaced. The expansion of social welfare services for the care
of the children of working parents, mainly refugees, as well as
the services for old people were of a profound importance. These
measures relieved refugee women from their traditional
responsibilities in the family and allowed them to take up
employment outside the house and therefore to contribute to the
family income.
8. Women were the first to be hit by unemployment and the last
to recover. This is because it usually takes a long and arduous
process until refugee women are once again on their feet and can
adapt to the new conditions prevailing in the host environment.
Rural as well as urban refugee women had to adapt to entirely new
occupations, lifestyles and values.
9. The effort to reactivate the economy was so successful that
within a few years the mass unemployment that occurred in the
second half of 1974 was turned into a labour shortage. This was
the outcome of the unprecedented growth that was achieved in
those years. The reactivation of the economy was based largely
on the growth of the clothing and footwear industries, which draw
heavily on female labour. Thus, women, whose economic
participation until then had been confined mainly to the
agricultural sector, became an important source of labour for
other industries as well.
C. Special attention to women's problems
10. At about the same time, as the more pressing problems brought
about by the invasion were brought under control and as women's
organizations were applying more pressure, attention began to be
given to the problems that women were facing.
11. As a result, the first activities related to the United
Nations Decade for Women took place in 1979. An interministerial
committee was appointed to carry out studies of the position of
Cypriot women in the labour force, education, law, their social
position and the problems of rural women.
12. In the period 1979-1982, elaborate studies and research were
carried out, with foreign technical assistance, regarding the
role of women in the labour force.
13. Issues addressed in the research included the determinants of
female labour force participation, the determinants of fertility,
the degree of segregation of occupations according to gender, the
earnings gap between male and female workers and the problems of
working women.
14. In 1983, a national committee for the United Nations Decade
for Women was established, chaired by the Minister of Justice
with the participation of non-governmental organizations, for the
purpose of identifying problems and making recommendations for
the improvement of the status of women. The national committee
was dissolved two years later, when the decade ended.
15. Public awareness of the specific problems of women was
increasing during the decade. This awareness was, of course,
partly brought about and enhanced by pressure being applied by
women's organizations and trade unions, through which women were
becoming more vocal in demanding equal treatment.
16. An important landmark, which resulted largely from pressure
to give specific solutions to women's problems, occurred in 1983
when two law reform committees were established, one to deal with
the modernization and the removal of discrimination against women
in family law and the other to propose ways of safeguarding
women's rights in the labour market with regard to maternity and
equal pay. The work for both of these committees proved to be
invaluable in the struggle for equality of women. Concrete
action was taken to implement their recommendations, such as the
Maternity Protection Law of 1987.
17. The Government of the Republic of Cyprus regrets that owing
to the continuing occupation and effective control of 40 per cent
of the territory of the Republic by the military forces of
Turkey, the Government is unable to ensure the enjoyment of the
rights recognized in the Convention and is prevented from
applying its provisions to those living in the part of the island
occupied by the Turkish troops. It should be noted in this
respect that for the same reasons all information and data
presented in the present report concerns the government
controlled areas.
D. Ratification of the Convention
18. In 1985, Cyprus ratified the Convention on the Elimination of
All Forms of Discrimination against Women by law No. 78/85, which
was considered a very important step for the advancement of the
status of women and the achievement of equality between women and
men.
E. Impact
19. The ratification of the Convention has had a tremendous
impact in the island.
20. The political will to promote women's rights has been
strengthened. The Convention provides, ever since the
ratification, the general framework of government policy in
approaching women's issues.
21. It is worth mentioning that the development plan for
1989-1993 contains a special comprehensive chapter on women
covering all areas of policy in accordance with the requirements
of the Convention.
22. The major policy objectives are the elimination of all forms
of discrimination against women, the change of social attitudes
relating to gender roles and the promotion of the equal
participation of women in all walks of life.
23. The ratification of the Convention had a positive impact on
the public from an educational point of view and satisfied the
long-standing demand by women's organizations. Since the
ratification, non-governmental organizations have been working
closely with the Government, mainly through the Permanent Central
Agency for Women's Rights for the implementation of the
Convention.
24. The Convention has also stimulated interest and activity in
the promotion of legislative, administrative and other measures
by individual ministries.
F. Progress
25. Since the ratification of the Convention, considerable
progress has been achieved in relation to the status of women in
Cypriot society, despite the serious political problems we are
still facing.
26. This is mainly owing to the serious commitment of the
Government to pursue the implementation of the Convention by
promoting various measures and activities such as those set out
below.
G. Legal measures
27. Legal measures include the following:
(a) Ratification of Convention No. 100 of the International
Labour Organization (ILO) concerning Equal Remuneration for Men
and Women Workers for Work of Equal Value (law No. 313/87);
(b) Enactment of the law on equal pay giving effect to the
provisions of the above-mentioned Convention (law No. 158/89);
(c) Enactment of the Law on the Protection of Maternity which
provides for maternity leave of 12 weeks' duration for all
employed women with full pay and nursing breaks and the
protection of pregnant women from dismissal and from work which
may be detrimental to them or their child's health (law No. 54/87
and No. 66/88);
(d) Law No. 199/87 amending the social security legislation
introducing compulsory insurance for unmarried rural women above
the age of 35;
(e) Law No. 26/88 amending the income tax legislation
granting women the same rights as men regarding tax allowances
and deductions;
(f) It is worth mentioning here that the first amendment ever
to the Constitution was made in 1989, and has taken effect as
from 1 January 1990, in order to facilitate the reform and
modernization of our Family Law, bringing the existing
legislation in line with the provisions of this Convention (law
No. 95/89 on the first amendment to the Constitution);
(g) Amendment of the Constitution made possible the
introduction of civil marriage as an alternative to
ecclesiastical marriage, in cases where both parties to the
intended marriage belong to the Greek-Cypriot Community, and also
the setting up of special family courts to which relevant matters
of family relations were transferred. Law No. 21/90 on civil
marriage and law No. 23/90 on family courts deal with these
issues;
(h) Law No. 216/90 on parental care granting both men and
women equal rights and responsibilities regarding the exercise of
parental care;
(i) Law No. 243/90 on the legal status of children born out
of wedlock aiming at bringing our legislation in line with the
provisions of the relevant European convention, which has been
ratified by law No. 50/79;
(j) Law No. 232/91 on the property rights for spouses -
alimony, aiming at granting equal rights and responsibilities to
women and men with regard to the acquisition, administration and
sharing of family property and the payment of maintenance by one
spouse to the other spouse in the case of a separation or to the
former spouse in the case of a divorce;
(k) The abolition of all discriminatory regulations of the
Public Service concerning medical treatment, leave without pay,
financial assistance to scholars and the rent subsidy in 1988.
28. There is also a number of bills which are in the process.
There are:
(a) A bill on the adoption of children, which aims at
bringing our legislation in line with the provisions of the
European Convention on the Adoption of Children, which the
Government of Cyprus intends to sign. Among the various
amendments to be introduced by the new law is the abolition of
the ecclesiastical adoption which under the existing law is a
prerequisite for the conclusion of the adoption procedure;
(b) A bill on the setting up of special family courts for
religious groups (Armenians, Latins and Maronites);
(c) A bill on the prevention of violence within the family
and the protection of victims of violence.
H. Other measures
National machinery
29. The setting up as of May 1988 by a decision of the Council of
Ministers of the Permanent Central Agency for Women's Rights,
which is the national women's machinery to deal with all matters
concerning women, satisfied a long-standing demand by women's
organizations.
30. The Agency is composed of representatives of the Government
and of women's organizations and is playing a very significant
role in the formulation, coordination and monitoring of the
implementation of the Convention. Its plan of action on women
covers a broad spectrum of activities based on the provisions of
the Convention.
31. The Agency has given emphasis to the education of the people
and to that end it organizes seminars, meetings and public
debates on such current issues as family law; protection of
maternity/facilities for working parents; the role of mass media
towards equality; problems of migrant women; and participation of
women in political life.
Employment
32. Programmes and measures have been put forward in order to
remove obstacles preventing women from participating in the
economic life and on the other hand assisting them to combine
family and working responsibilities.
33. Besides the legislative measures, the Government has given
emphasis to the expansion and improvement of child-care
facilities so as to serve the needs of working parents. To that
end, relevant studies have been carried out and the government
budgetary provisions for subsidization of private and community
child-care centres has been increased substantially.
34. In addition to the above, the Government has introduced
vocational and training programmes especially designed for women,
with positive results. These programmes include special training
courses to attract young unemployed women in gaining basic skills
covering existing needs of the local industry, mainly sponsored
by the Industrial Training Authority, and programmes encouraging
older women, mainly housewives, to enter or re-enter economic
activity.
35. Problem areas in this field are the following:
(a) Child-care facilities, despite a significant expansion,
are inadequate in many respects. This restricts women's
participation in the labour market, as well as their pursuit of a
career, as they are still considered to be mainly responsible for
taking care of the children and the household;
(b) There is a high degree of segregation of occupations on
the lines of sex, with women being concentrated in a narrow range
of occupations, many of which are low-paid;
(c) Although the earnings gap between men and women is
narrowing, women still earn, on average, considerably less than
men. There is evidence that discrimination may be responsible
for part of this gap, although other factors, such as differences
in the occupational structure, qualifications and work
experience, are also at play.
Education
36. The education level of the population in general is quite
high, and girls enjoy more or less equal opportunities.
37. Moreover, education is considered instrumental in the efforts
to change social attitudes with regard to gender roles.
Therefore, policies in this area include the revision of text
books and educational programmes in the direction of promoting
equality, the holding of special seminars for teachers and
vocational guidance counsellors on the equality of the sexes and
the encouragement of more girls to participate in technical
education, where their participation is now very low.
Rural women
38. Rural women are considered to be a category with special
problems, although they have benefited considerably from the
various rural development programmes and they now have access to
all basic social services. In rural areas, the House Economic
Programme has been introduced, aiming at improving the status of
rural women by promoting their role in the agricultural household
and in farming and by encouraging them to deal with income-
generating activities.
39. Policies for the advancement of rural women include the
expansion of agricultural extension programmes and their
adaptation to the special needs of rural women, the encouragement
of rural women to participate in policy-making for the rural
sector and the further improvement of social services in rural
areas.
Health
40. Health is a field where substantial progress has been
achieved. All women have access to public or private health
care. The care of women during pregnancy and childbirth has been
a priority of development in the health sector. As a result, the
situation is now satisfactory, with infant mortality reduced to
very low levels. Policies include the expansion and improvement
of maternity and child health centres, especially in the rural
areas, and the expansion of foetal pre-delivery tests and of
information programmes on specific diseases and health hazards
facing women, such as the early detection of cancer of the breast
and of the uterus, smoking, acquired immunodeficiency syndrome
(AIDS) etc.
I. Obstacles
41. The most serious obstacles encountered in the implementation
of the Convention are the social attitudes and practices based on
traditional and stereotyped ideas regarding the roles of men and
women. Thus the changing of the mentality of the Cypriot people,
both men and women, has become a priority issue in women's
policies.
42. To that end, the Permanent Central Agency for Women's Rights
is playing a very significant role trying to involve the mass
media, the educational system and non-governmental organizations
in a systematic and organized campaign on equality.
43. Another major obstacle, which is closely related to the
above, is that the Family Law was deeply rooted in customs and
tradition and was highly influenced by the laws of the church.
The influence of the church hindered the evolution and
modernization of the Family Law.
44. Since the amendment of article 111 of the Constitution, as a
result of which matters of marriage and divorce are now governed
by the laws of the State and not of the church, and because the
jurisdiction of these matters has been transferred from
ecclesiastical courts to special family courts, the doors are now
open for the State to conclude the reformation and modernization
of the Family Law.
Present situation and problems
45. Although considerable progress has been made in relation to
the status of women in Cypriot society, the traditional
perceptions of the role of the woman as wife and mother, the
inadequacy of child-care facilities and the discrimination
against her obstruct her substantive and equal participation in
all fields. In employment, a significant number of women do not
enter the labour market or leave their employment, while there is
a concentration of women in occupations that are regarded to fit
their traditional role or for which they do not require a high
level of education or technical training and that offer limited
opportunities for occupational advancement. Housewives, who
continue to represent a high proportion of women, face special
problems. In education, the choices of young women reflect the
belief that certain occupations are inappropriate for women and
that a career is a secondary target for them. The participation
of women in political life, especially in the high ranks where
decisions are made, is very limited. There continues to exist
discrimination against women in employment and family law. Rural
women face particularly serious problems.
Current issues
46. The major policy issues currently under discussion which are
of immediate concern to women are:
(a) A change in social attitudes regarding gender roles, in
particular with regard to the caring of children;
(b) Provision of more child-care facilities that offer
services in accordance with the needs of working parents;
(c) Equal opportunities for women in the labour market and
equal pay for work of equal value (implementation);
(d) Problems of rural women.
(e) Revision of the Family Law.
J. Plans for the future
47. For the implementation of the Convention these measures are
planned to be taken:
(a) In employment:
(i) Promotion of legislation for the implementation of the
principle of equal remuneration for work of equal value;
(ii) Expansion of facilities for the care of children of
working parents, with special emphasis on the
promotion of private initiative, the creation of
child-care centres in industrial and rural areas, the
harmonization of the hours of operation of
kindergartens and child-care centres with working
hours and the promotion of arrangements for the care
of primary school children in the afternoon and
during the summer holidays. For that purpose, a
comprehensive programme will be worked out;
(iii) Study of the possibility of introducing legislation
for the prohibition of discrimination against women
in matters of recruitment and promotion, within the
framework of more general legislation against
discrimination in employment and occupation, on the
lines of ILO Convention No. 111 concerning
Discrimination in Respect of Employment and
Occupation;
(iv) Extension of the payment period of maternity
allowance, from 12 to 16 weeks;
(v) Lowering of the retirement age of women in the Social
Insurance Scheme from 65 to 63 years;
(vi) Study of the possibility for amending the Social
Insurance Law so that in case of the death of an
insured person the transfer of the pension to the
surviving spouse will not be subject to
discrimination
on grounds of sex;
(vii) Preparation and implementation of regulations
(based
on the legislation concerning the protection of
maternity) in connection with the prohibition of
employment of pregnant women in dangerous tasks;
(viii) Promotion of part-time employment and of flexible
working hours, in order to give more women the
chance
of participating in economic activity;
(b) In education, it is envisaged to implement the measures
set out below, which will contribute mainly to the elimination
of social prejudices concerning gender roles:
(i) Revision of school books and programmes so that they will
promote the principle of equality between the sexes. In
this context, the extension of the teaching of domestic
science and family education to boys as well as girls
will be promoted and the teaching of technology to
children of both sexes will be introduced;
(ii) Holding special seminars for the information and
awareness-raising of the teaching staff, especially
of
vocational guidance counsellors, on matters of
gender
equality;
(iii) Encouragement of more girls to participate in
technical education, in both traditional and new
specializations and programmes that will be
introduced;
(iv) Introduction of sex education in secondary
education;
(v) Holding more postgraduate training programmes in Cyprus
and during such hours that will enable working wives
and
mothers to participate. These programmes should be
recognized as qualifications for purposes of
occupational
advancement. The organization of such programmes should
be one of the priorities of the Cyprus University;
(c) The revision and updating of the Family law so that it
conforms to modern perceptions and trends in family
relations. Removing discrimination against women is a
matter of priority. All provisions, laws and regulations
that involve unequal treatment of women will also be
revised;
(d) For the improvement of the status of rural women the
following will be promoted:
(i) Expansion and readjustment of agricultural training and
extension programmes in accordance with the special needs
and problems of rural women, with a view to keeping them
fully informed about modern technological developments in
agriculture, developing their skills in additional
economic activities and encouraging the creation of small
cottage industries, agrotourism, etc., the gradual
training of farmers, together with rural women, in basic
matters concerning the rural family and ensuring that
rural women will in fact be able to participate in these
programmes;
(ii) Cooperation of competent government departments and
farmers' organizations in encouraging the
participation of rural women in the formulation of
policy for the agricultural sector;
(iii) Improvement of the network of social services offered
to rural women, especially in the sectors of health,
by the expansion and reinforcement of maternity and
child-welfare centres, and education;
(iv) Study of the possibility of extending the coverage of
the Social Insurance Scheme to all rural women who
are employed in agriculture;
(e) Other measures which will be implemented are:
(i) The formulation and implementation of a comprehensive
programme of information and awareness-raising on the
equality of the sexes. For this purpose, the competent
public services will cooperate with women's
organizations,
within the framework of the Permanent Central Agency for
Women's Rights;
(ii) The carrying out of an actuarial study on the
provision of a pension to persons over a certain age,
irrespective of whether they were insured or not, so
as to cover housewives;
(iii) The provision of further information, especially to
young people and in the rural areas, in matters of
family planning;
(iv) The study of the issue of violence within the family,
which usually turns against women and children, and
the promotion of measures to tackle it;
(v) The provision of assistance, through the Permanent
Central
Agency for Women's Rights, to projects initiated by non-
governmental organizations that contribute to the
alleviation of problems faced by women;
(vi) The encouragement of the more active, substantial and
mass participation of women in the political life of
the country.
II. DATA ABOUT CYPRUS
A. Area and population
48. Cyprus is the third largest island in the Mediterranean, with
an area of 9,251 square kilometres.
49. Cyprus has a population of approximately 700,000. Population
distribution by ethnic group in 1960 when the last official
census was held was as follows: out of a total of 572,707
inhabitants, 441,568 or 77.1 per cent were Greek Cypriots,
103,822 or 18.1 per cent were Turkish Cypriots, and 27,317 or 4.8
per cent were other minorities (Maronites, Armenians, Latins and
others).
B. History
Ancient history
50. The history of Cyprus is one of the oldest recorded in the
world. The first signs of civilization go back 8,000 years. In
recent years, Cyprus archaeology has attracted the interest of
archaeologists from all over the world.
51. The discovery of copper on the island in the third millennium
B.C. brought wealth and trade to the island. Settled by
Mycenaean Greeks in the thirteenth century B.C., Cyprus evolved
into a flourishing centre of Greek civilization. Because of its
strategic position and natural wealth, it was conquered by
various nations. Nevertheless, Cyprus managed to retain its
language and culture intact. Homer and other ancient Greek poets
and philosophers often referred to Cyprus, expressing their
admiration for its culture.
52. Following the partition of the empire of Alexander the Great,
Cyprus became one of the most significant parts of the empire of
the Ptolemies of Egypt. It came under the dominion of the Romans
in 58 B.C.
53. Both during the rule of the Ptolemies and that of the Romans,
the Sanctuary of Aphrodite in Paphos was the centre of the
religious and cultural life of the island. After the division of
the Roman Empire in 330 A.D., Cyprus became a province of the
Byzantine Empire.
Christianity - Cyprus under the crusaders
54. Christianity was introduced to the island during the first
century A.D. by St. Paul and St. Barnabas, a native of Salamis
and founder of the Church of Cyprus.
55. The centuries of Byzantine civilization in Cyprus left a rich
heritage of art and architecture.
56. During the crusading period, Cyprus was conquered by Richard
the Lionheart. Later, the island was ruled by the Lusignans and
Venetians.
Peaceful coexistence
57. For years Greek and Turkish Cypriots lived together in peace,
in the same towns and villages, under conditions of religious and
cultural tolerance, relations of personal friendship and economic
cooperation.
58. During the British rule, Greek and Turkish Cypriot workers
through common trade unions worked for social justice and better
working conditions.
Modern times: independence, the Constitution
59. The anti-colonial struggle came to an end in 1959 with the
London-Zurich Agreements between Britain, Greece and Turkey.
Cyprus became an independent Republic. According to the 1960
Constitution, the Turkish Cypriot community (18 per cent) was
offered cultural and religious autonomy and a privileged position
in the constitutional system of Cyprus.
60. The Turkish Cypriots, under the provisions of the
Constitution, had 30 per cent of the posts in the Civil Service
and comprised 40 per cent of the Police Force and Army.
61. The Turkish Cypriots were represented in the Government by
members of their own community, namely the Vice-President, who
was given strong veto powers on all important issues, and by 3 of
the 10 Ministers of the Government; moreover, 15 of the 50 seats
in the House of Representatives were reserved for Turkish
Cypriots who had extraordinary powers. Eight Turkish Cypriot
members could defeat a bill voted for by 35 Greek Cypriot members
and 7 Turkish Cypriot members.
62. The 1960 Constitution of the Cyprus Republic proved
unworkable in many of its provisions and this made impossible its
smooth implementation. When in 1963 the President of the
Republic proposed some amendments to facilitate the functioning
of the State, the Turkish community responded with rebellion
(December 1963), the Turkish ministers withdrew from the Cabinet
and the Turkish public servants ceased attending their offices.
Ever since then the aim of the Turkish Cypriot leadership,
acting on instructions from the Turkish Government, has been the
partitioning of Cyprus and annexation by Turkey.
Turkish invasion, 1974
63. In July-August 1974 a coup d'e'tat was staged in Cyprus by
the Greek military junta then in power, for the overthrow of
President Makarios and Turkey used this pretext to launch an
invasion with a full-fledged army against defenceless Cyprus.
The invasion was carried out in two stages in which the Turkish
troops eventually occupied 37 per cent of the island's territory.
64. Ankara tried to justify the invasion as a "peace operation"
aimed at restoring the constitutional order disturbed by the coup
d'e'tat, but even after the restoration of such order and the
return of President Makarios to the island in December 1974, the
Turkish troops remained to back up the plans of Turkey to
colonize Cyprus as a first step to annexation. Some 200,000
Greek Cypriots, 40 per cent of the total Greek Cypriot
population, were forced to leave their homes in the occupied area
and were turned into refugees. The few thousands of Greek
Cypriots who remained in their homes after the completion of the
invasion were gradually forced through intimidatory methods to
leave their homes and move to the south. Now only some hundreds
remain in their homes in the north, mainly in the Karpass area.
Turkey is continuing the occupation of 37 per cent of Cyprus'
territory in utter disregard of repeated United Nations
resolutions calling for respect for the independence, sovereignty
and territorial integrity of the Republic of Cyprus as well as
the withdrawal of all foreign troops from its territory and the
adoption of all practical measures to promote the effective
implementation of the relevant resolutions.
65. This attitude of Turkey as well as the continuing violation
of the fundamental human rights of the people of Cyprus have been
condemned by international bodies, such as the United Nations
General Assembly, the European Parliament, the Movement of
Non-Aligned Countries, the Commonwealth and the Council of
Europe.
The declassified report of the Council's Commission of Human
Rights reveals the extent of the atrocities committed by the
Turkish forces of occupation.
C. Efforts for a solution
66. Several rounds of intercommunal talks between the island's
two main communities (Greek Cypriots and Turkish Cypriots) have
not led to any positive development. This is owing to the
Turkish side's intransigence and continuing effort to partition
the island by means of maintaining an occupation army of 35,000
soldiers and by the colonization of the occupied part of Cyprus
with 65,000 settlers from Anatolia. In addition, there is a
systematic destruction and alteration of the historic and
cultural character of the part of Cyprus under Turkish occupation
and a separate Turkish Cypriot economy totally dependent on
Turkey.
D. Cyprus international position
67. Dedicated to the purposes and principles enshrined in the
Charter of the United Nations, and in particular international
peace and security, international cooperation in the economic,
social, cultural and other fields and respect for human rights
and fundamental freedoms for all, the Republic of Cyprus joined
the United Nations on 20 September 1960, soon after independence,
and gradually became a member of nearly all specialized agencies
of the United Nations system. Cyprus is also a member of the
Council of Europe and the Commonwealth and participates in the
Conference on Security and Cooperation in Europe. It has a
Customs Union Agreement with the European Economic Community and
maintains economic relations with a host of foreign countries and
international organizations.
68. A founder member of the Movement of Non-Aligned Countries,
Cyprus follows a non-aligned foreign policy, chartered by its
first President, the late Archbishop Makarios. Within the
framework of this policy, Cyprus pursues and develops friendly
relations and cooperation with all countries and takes an active
part in all efforts aimed at promoting international
understanding, peace, security and cooperation.
E. Government administration
Government and regime
69. Cyprus is an independent, sovereign Republic with a
presidential system of government. Under the 1960 Constitution,
the executive power is ensured by the President of the Republic,
elected by universal suffrage for a five-year term of office.
The President ensures the executive power through a Council of
Ministers appointed by him. The ministers may be chosen from
outside of the House of Representatives.
70. Each minister is the head of his ministry and exercises
executive power on all the subjects falling within the domain of
his ministry. The ministries are: agriculture and natural
resources, commerce and industry, communications and works,
education, finance, foreign affairs, health, interior, defence,
justice, labour and social insurance.
Legislature
71. The legislative power of the Republic is exercised by the
House of Representatives, consisting of 80 members elected by
universal suffrage for a five-year term. Under the 1960
Constitution, 56 members of the House are Greek Cypriots, elected
by the Greek Cypriot community of the island and 24 members are
Turkish Cypriots, elected by the Turkish Cypriot community, for a
five-year term. Following the withdrawal of the Turkish Cypriot
members, the House has been functioning only with the Greek
Cypriot members. The Maronite, Armenian and Latin minorities
also elect representatives who attend meetings without a right of
participation in the deliberations. They are consulted in
matters concerning particular affairs of these religious groups.
The political life of the island is a multi-party one and parties
are formed to promote the interests of several classes of
population and their ideological views.
Judiciary
72. The administration of justice is exercised by the island's
separate and independent Judiciary. Under the 1960 Constitution
and other legislation in force the following judicial
institutions have been established: the Supreme Court of the
Republic; assize courts; and district courts.
73. The Supreme Court is composed of 13 judges, 1 of whom is the
President of the Court.
74. The Supreme Court adjudicates on all matters of
constitutionality of legislation referred to it by the President
of the Republic or arising in any judicial proceedings, including
complaints that any law or decision of the House of
Representatives or the budget is discriminatory; also on matters
of conflict or contrast of power or competence between State
organs and questions of interpretation of the Constitution in
cases of ambiguity.
75. The Supreme Court is the final appellate court in the
Republic and has jurisdiction to hear and determine appeals in
civil and criminal cases from assize courts, district courts as
well as appeals from decisions of its own judges when sitting
alone in the exercise of original and revisional jurisdiction of
the Supreme Court.
76. It is also vested exclusively with administrative law
revisional jurisdiction in connection with administrative or
executive acts, decisions or omissions; the relevant remedy is by
way of a recourse for annulment.
77. The Supreme Court, moreover, exercises original jurisdiction
as a Court of Admiralty.
78. In its original jurisdiction, the Supreme Court also deals
exclusively with proceedings for the issue of orders of habeas
corpus, mandamus, prohibition, quo warranto and certiorari.
79. There is an assize court and a district court for each
district. The assize courts have unlimited criminal jurisdiction
and may order the payment of compensation up to œC 3,000. The
district courts exercise original criminal and civil
jurisdiction, including jurisdiction in admiralty cases referred
to them by the Supreme Court by virtue of law No. 96/86 and
matrimonial cases. The extent of the jurisdiction varies with
the composition of the bench. In civil matters a district court
composed of not less than two judges has unlimited jurisdiction.
A president or a senior district judge of a district court
sitting alone has jurisdiction up to œC 10,000 and a district
judge sitting alone up to œC 5,000 and is also empowered to deal
with any action for the recovery of possession of any immovable
property (and certain other specified matters connected
therewith) when the title of such property is not in dispute,
irrespective of the value of the property involved; provided that
a president of a district court or a senior district judge
sitting alone shall have jurisdiction to hear and determine any
action in relation to negligence as well as in relation to
compensation for the compulsory acquisition and requisition of
immovable property, irrespective of the amount in dispute, unless
such president or senior district judge, as the case may be, is
of the opinion that it becomes necessary that the case be heard
and determined by a full court consisting of not more than three
judges. In criminal matters the jurisdiction of a district court
is exercised by the members sitting singly and is of a summary
nature. A president or a senior district judge or a district
judge sitting alone has power to try any offence punishable with
imprisonment up to three years or with a fine up to œC 2,000 or
with both, and may order the payment of compensation up to œC
2,000.
80. There is a Supreme Council Judicature, consisting of the
president and judges of the Supreme Court, entrusted with the
appointment, promotion, transfers, termination of appointment and
disciplinary control over all judicial officers, other than the
judges of the Supreme Court.
Independent offices
81. The independent offices of the Republic, which do not come
under any ministry, are the Attorney-General's Office, the Audit
Office of the Republic, the Public Service Commission, the
Planning Commission, the Planning Bureau and the Educational
Service Commission.
Table 1. Social and economic indicators of Cyprus, 1950-1990 a/
A. Demography
1950 1961 1973 1975 1978 1990
Total
mid-year
population
(thousands) 494 579 634 502 500 571
Crude birth rate
(per 1,000 popu-
lation) 29.4 26.0 18.3 16.0 18.8 18.3
b/
Crude death rate
(per 1,000 popu-
lation) 8.0 10.7 9.5 7.9 8.4 8.6 b/
Age structure
(percentage)
0-14 33.9 c/ 36.3 d/ 28.9 25.4 e/ n.a. 25.8 b/
15-64 60.3 c/ 57.3 d/ 61.6 64.5 e/ n.a. 63.9 b/
65- 5.8 c/ 6.4 d/ 9.5 10.1 e/ n.a. 10.3 b/
Percentage of
population
living in urban
areas 25.7 c/ 35.9 d/ 42.2 58.0 e/ n.a. 68.5 b/
a/ The data refer to the whole of Cyprus for the years
1950 to 1973 and to the non-occupied part for 1974-1990.
Furthermore, data for 1950 are derived from older publications
and are not always comparable with subsequent years.
b/ Refers to 1989.
c/ Refers to 1946 census.
d/ Refers to 1960 census.
e/ Refers to 1976.
B. National accounts
1950| 1961| 1973| 1975 | 1978 | 1990
Gross national
product (millions
of Cyprus
pounds at
current prices) 42 104 341 271 527 2 524
Gross national
product per capita
(Cyprus pounds) 85 179 538 540 1 054 4 424
Percentage distribution
of gross domestic
product (GDP) (mi-
llions of Cyprus pounds
at current factor
cost/market prices)
Primary sectors 37.1 27.9 17.0 19.1 13.1 7.5
Secondary sectors 17.8 20.5 25.0 21.8 32.7 27.8
Tertiary sectors 45.1 51.6 58.0 59.0 54.2 64.7
Fixed investment
as a percentage of GDP
(at current prices) 12.8 17.9 28.6 19.6 31.5 24.0 a/
Exports of goods and
services as a
percentage of GDP
(at current prices) 30.4 31.8 39.9 35.5 42.3 52.8
Imports of goods
and services as a
percentage of GDP
(at current prices) 35.6 41.3 53.4 56.7 60.8 53.9 a/
Domestic savings
as a percentage
of GDP at
current prices 7.5 10.2 16.7 1.3 16.6 25.2
a/ Excludes the purchase of aeroplanes, which are
considered extraordinary items, by the national carrier.
C. Labour market
1950 | 1961 | 1973 | 1975 | 1978 | 1990
Gainfully employed
population
(thousands) 242 219 253 144 171 251
Structure of
gainfully employed
population
(percentage)
Primary sectors a/ 55.5 b/ 46.0 38.5 26.8 c/ 22.8 13.8
Secondary sectors 21.0 b/ 23.8 26.6 27.6 c/ 32.5 28.5
Tertiary sectors 23.5 b/ 30.2 34.9 45.6 c/ 44.7 57.7
Percentage of
gainfully employed
population
engaged by the
Government .. 8.0 9.1 16.3 14.8 12.6 d/
Unemployed as a
percentage of the
economically
active population 1.3 4.0 2.5 16.2 2.0 1.8
Economically active
population as a
percentage of
the population aged
15-64 years 82.2 71.3 71.6 64.0 63.5 75.0 d/
a/ The methodology of estimating the gainfully employed
population in agriculture has changed and therefore data for
1976
onwards are not comparable with data for previous years.
b/ Refers to 1955.
c/ Refers to 1976.
d/ Refers to 1989.
D. Foreign trade
1950 1961 1973 1975 1978 1990
Exports of goods
(millions of
Cyprus pounds) 10.5 15.9 57.2 52.4 122.0 388.1
Ratio of exports
to imports
(percentage) 87.5 47.3 42.5 47.2 49.9 37.3
Ratio of exports
of goods to GDP
(percentage) 24.0 15.8 17.3 20.4 24.1 15.7
Structure of
domestic exports
(percentage)
Agriculture 38.7 32.3 51.6 35.6 26.2 25.4
Industrial 9.4 13.9 29.8 49.4 67.3 74.2
Mining 51.9 53.2 18.6 15.0 6.2 0.2
Other 0.0 0.6 0.0 0.0 0.3 0.2
Domestic exports
by country
destination
(percentage)
European Community
(including the
United
Kingdom) 61.3 74.7 62.2 42.2 37.4 61.2
United Kingdom 19.8 34.8 40.4 36.3 28.5 35.7
Arab countries 7.2 1.9 7.2 27.9 45.3 19.3
Eastern European
countries 1.8 5.1 17.1 12.5 7.1 6.6
Other 29.7 18.3 13.5 14.4 10.2 12.9
Exports of
services (millions
of
Cyprus pounds) 2.8 16.0 74.4 38.8 92.2 919.1
- of which receipts
from tourism 0.9 2.8 23.4 5.4 33.3 573.0
Ratio of exports of
services to
GDP (percentage) 6.4 15.9 22.6 15.1 18.2 37.1
Deficit in the
current account as
a percentage of GDP -3.4 1.6 -6.7 -5.3 -9.5 1.4a/
Imports of goods
(millions of
Cyprus pounds) 12.0 33.6 134.5 110.9 244.6 1 039.4
a/ a/
Structure of imports (percentage)
Consumer goods 39.2 b/ 45.5 21.7 22.0 20.7 21.8
Raw materials 24.5 b/ 31.5 46.2 40.9 44.9 43.0
Capital goods 27.0 b/ 13.7 13.2 9.6 12.6 10.8
Transport
equipment .. .. 12.6 4.3 9.0a/ 13.8a/
Fuels and lubri-
cants 9.3 b/ 8.6 5.9 14.6 11.9 10.7
Other 0.0 0.6 0.4 8.5 0.9 0.0
a/ Excludes the purchase of aeroplanes, which are
considered extraordinary items, by the national
carrier.
b/ Refers to 1952.
E. Fiscal
1950 1961 1973 1975 1978 1990
Public receipts as a
percentage of GDP
13.7 19.0 18.3 26.0 22.4 28.6
Public expenditure
as a percentage of GDP
12.6 17.3 22.0 33.9 28.1 31.0
Fiscal surplus/deficit
as a percentage of GDP
1.1 -1.7 -3.7 -7.9 -5.7 -2.5
F. Foreign debt
1950 1961 1973 1975 1978 1990
Total foreign debt
(millions of Cyprus pounds)
Public .. .. 6.8 14.4 67.4 464.5
Publicly guaranteed .. .. 13.3 19.8 35.2 198.8
Private .. .. 4.2 4.1 10.5 65.0
Total .. .. 24.3 38.3 113.1 728.3
Foreign debt as a
percentage
of GNP .. .. 7.4 14.9 22.3 28.9
Debt service ratio
(percentage) .. .. 2.8 4.0 6.9 8.4
G. Health indicators
1950 1961 1973 1975 1978 1989
Infant mortality (deaths)
per 1,000 live
births 63 40a/ 18 13b/ 13 11
Life expectancy (at birth)
Males 63.6c/ .. 70.0 71.9d/ 71.9d/ 73.9e/
Females 68.8c/ .. 72.9 74.9d/ 74.9d/ 78.3e/
Persons per doctor 1 669 1 470 1 053 1 042b/ 989 482
Persons per
hospital bed 434f/ 221 179 161b/ 165 166
a/ Refers to 1960.
b/ Refers to 1976.
c/ Refers to the period 1948-1950.
d/ Refers to the period 1976-1977.
e/ Refers to the period 1987-1989.
f/ Refers to the hospital beds of the public sector
only.
H. Education
1950 1961 1973 1975 1978 1989
Illiteracy
rate (percentage) 33a/ 18b/ .. 10c/ .. 5
Males 19a/ 9b/ .. 4c/ .. 2
Females 47a/ 27b/ .. 15c/ .. 8
Percentage distribution
of the population by
educational level
Without education 41a/ 25b/ .. 13c/ .. 6
Elementary 51a/ 59b/ .. 53c/ .. 45
Secondary 7a/ 15b/ .. 25c/ .. 35
Higher/university 1a/ 1b/ .. 9c/ .. 14
Percentage of children
enrolled in:
Pre-primary .. .. 27 .. .. 57
Primary .. 104b/ 105 112 .. 103
Secondary .. 43b/ 72 78 .. 88
Higher .. .. .. 27 .. 35
Number of Cypriot
students per
1,000 population .. .. 18 26 28 23
a/ Refers to the 1946 census.
b/ Refers to the 1960 census.
c/ Refers to 1976.
I. Housing conditions
1950 1961 1973 1975 1978 1989
Percentage of
houses
connected with
electricity 10.6a/ 43.7 .. 92.4b/ .. 98.1c/
Urban areas 41.9a/ 91.7 .. 97.4b/ .. 99.1c/
Rural areas 2.0a/ 27.7 .. 87.2b/ .. 96.4c/
Percentage of
houses
connected with
water .. 26.0 85.7d/ 80.6b/ .. 93.7c/
Urban areas .. 67.5 90.4d/ 93.3b/ .. 98.4c/
Rural areas .. 7.1 67.8d/ 66.9b/ .. 86.0c/
Average number
of persons
per room 1.91a/ 1.30 0.89d/ 1.44b/ .. 0.78c/
Urban areas 1.52a/ 1.21 0.84d/ 1.29b/ .. 0.76c/
Rural areas 2.08 a/ 1.36 1.02 d/ 1.59 b/ .. 0.82 c/
a/ Refers to the 1946 census.
b/ Refers to the 1976 census of housing.
c/ Refers to the 1982 census of housing.
d/ Refers to the 1971 household survey, which covered
only Greek Cypriots.
J. Other indicators
1950 1961 1973 1975 1978 1990
Number of persons
per private car .. 22 6 5.9 5.9 3.3
Number of telephone
lines per 100
persons .. .. 7 8 11 39
Average consumption
of electricity per
capita (kWe) .. 311 1 028 946 1 264 2 341
K. Rates of average annual change of selected
economic magnitudes
(Percentage)
1973/1961 1975/1973 1978/1975 1988/1978 1989/1961
Population 0.8 .. -0.1 1.1 -0.1
Real GDP 6.8 -18.0 13.8 6.3 5.3
Employment 1.2 -24.6 8.3a/ 3.3 0.4
Productivity 5.5 8.8 3.0a/ 2.9 4.9
Retail prices 2.4 10.2 6.1 6.1 4.8
Exports of
goods
(current
prices) 11.3 -15.7 32.5 10.2 11.7
Exports of
services
(current
prices) 13.7 -34.5 27.4 21.7 15.0
Nominal
earnings 7.5 5.6 22.0a/ 12.9 10.6
Real earnings 5.0 -4.2 13.6a/ 6.4 5.5
Source: Department of Statistics and Research, Economic
Reports, Statistical Abstracts, Household Expenditure Surveys,
Population/Housing Censuses and various annual surveys/sectoral
surveys; and Planning Bureau.
a/ Refers to the period 1976-1978.
III. ARTICLE 1. INTERPRETATION OF DISCRIMINATION
82. Article 1 sets the parameters for the Convention by
defining
what constitutes discrimination against women, namely any
distinction, exclusion or restriction made on the basis of sex.
The Convention concentrates on the elimination of all forms of
discrimination against women and does not therefore seek to
eliminate discrimination experienced by men.
83. Since its ratification by law No. 78/85, the Convention has
superior force to any municipal law, except the Constitution.
84. The phrase "without discrimination by sex" is used in the
Constitution and other laws, yet there is no definition of the
term
"discrimination". This provision therefore supplements the
national legislation by providing the definition of the term
"discrimination against women".
Implementation
85. A simplified questionnaire was circulated to all government
departments with the aim of identifying all discriminatory laws
and regulations which come under their competence.
86. Unfortunately, such legal provisions were found in various
fields of our legislation but mainly in the field of family law
and the labour legislation.
87. A list was made and the Council of Ministers informed
accordingly. A decision was made that all these discriminatory
provisions should be abolished or amended, in order to comply
with the constitutionally safeguarded principle of equality (art.
28 of the Constitution) and the provisions of the Convention.
88. In compliance with the above decision, each ministry has
started the prolonged procedure of law reform in the fields of
its competence.
89. The most serious measure ever taken towards the abolition
of discriminatory provisions against women has been the amendment
of article 111 of the Constitution in order to facilitate reform
of the Family Law and to abolish discrimination against women in
that field.
90. It is worth mentioning that the above-mentioned amendment
was the first ever amendment to the Constitution of Cyprus (law
No. 95/89 on the first amendment to the Constitution) and has
been in effect as from 1 January 1990.
91. Despite the progress that has been made so far,
discriminatory provisions still exist in the Cyprus legislation
and efforts will continue to be made, especially by the Permanent
Central Agency for Women's Rights to eliminate legal
discrimination against women.
92. Apart from the goal to bring about legal equality, the
Government works hard to abolish existing practices that
discriminate against women. It considers this as the most
serious problem to deal with, in the field of women's rights,
requiring initiatives on a variety of levels by different
agencies.
IV. ARTICLE 2. ELIMINATION OF LEGAL AND REAL
DISCRIMINATION
93. The Government of Cyprus has repeatedly declared its
commitment to equality and has expressed its determination to
work towards achieving real equality.
94. This policy has been explicitly announced by the President
of the Republic and has been reflected in various decisions of
the Council of Ministers, including the five-year development
plan.
95. The Cyprus Constitution of 1960, article 28, guarantees the
principle of equality between women and men. Article 28 reads
as follows:
"1. All persons are equal before the law, the
administration and justice and are entitled to equal
protection thereof and treatment thereby.
"2. Every person shall enjoy all the rights and liberties
provided for in this Constitution without any direct or
indirect discrimination against any person, on the ground
of his community, race, religion, language, sex, political or
other convictions, national or social descent, birth, colour,
wealth, social class, or on any ground whatsoever, unless
there is express provision to the contrary in this
Constitution.
"3. No citizen shall be entitled to use or enjoy any
privilege of any title of nobility or of social distinction
within the territorial limits of the Republic.
"4. No title or nobility or other social distinction shall be
conferred by or recognized in the Republic."
96. Regardless of paragraph 1, the guarantee of equality is
frustrated by the explicit reservation of paragraph 2 of the same
article which states: "unless there is express provision to the
contrary in this Constitution".
97. For example, article 2, paragraph 7 (a) and (b) of the
Constitution legalize discrimination by stating that a married
women shall belong to the community of which her husband belongs;
and a male or female child under the age of 21 who is not married
shall belong to the community to which his or her father belongs,
or if the father is unknown and he or she has not been adopted,
to the community to which his or her mother belongs.
98. Also, article 198 of the Constitution discriminates against
women in the field of nationality by stating that any person born
in Cyprus on or after the date of the coming into operation of
the Constitution shall become on the date of his birth a citizen
of the Republic if on that date his father has become a citizen
of the Republic or would but for his death have become such a
citizen.
99. Since the ratification of the Convention on the Elimination
of All Forms of Discrimination against Women, Cyprus has passed
and amended a series of laws that have already been mentioned in
the introduction (para. 27) and will be analysed under the
corresponding article. Generally speaking, it can be said that
priority has been given to the protection of women's rights in
the field of family law and labour legislation.
100. In the public service and semi-governmental
organizations, women enjoy and exercise the same rights as men
regarding access, terms of employment, promotion training, etc.
101. There were four discriminatory provisions in the public
service regulations concerning medical treatment, leave without
pay, financial assistance to scholars and rent subsidies, which
were abolished as from 20 May 1988 by a decision of the Council
of Ministers.
102. Cyprus has also become State party to various
minternational agreements dealing with equality issues, such as
the following:
(a) International Covenant on Economic, Social and Cultural
Rights (ratified by law No. 14/69);
(b) International Covenant on Civil and Political Rights
(ratified by law No. 14/69);
(c) European Convention for the Protection of Human Rights
and Fundamental Freedoms (ratified by law No. 39/62) and relevant
protocols;
(d) International Convention on the Elimination of All Forms
of Racial Discrimination (ratified by law No. 12/67);
(e) European Social Charter (ratified by law No. 64/67);
(f) Convention on the Political Rights of Women (ratified
by law No. 107/68);
(g) Convention against Discrimination in Education
(ratified by law No. 18/70).
103. Legal protection for the rights of women, on an equal
basis with men, is established and is ensured through competent
national tribunals.
104. Apart from the judicial means for protection against
discrimination on the basis of sex, women are entitled to
pursue their rights through the national women's machinery.
105. Legal protection against discrimination on the basis of
sex and recourse procedures for women claiming to be victims of
discrimination are safeguarded in the legal system of Cyprus.
106. In terms of constitutional protection, in accordance
with article 35 of the Cyprus Constitution, the legislative,
executive and judicial authorities of the Republic are found to
secure, within the limits of their respective competence, the
efficient application of the provisions relating to fundamental
rights and liberties.
A. Municipal remedies
Administrative recourse
107. Article 29 of the Constitution provides for the right
to address written requests or complaints to any competent public
authority and to have them attended to and decided expeditiously.
An immediate notice of any such decision taken duly reasoned
shall be given to the person making the request or complaint and
in any event within a period not exceeding 30 days. Any
interested person aggrieved by any such decision or where no such
decision is notified to such person within the aforesaid period,
such person may have recourse to a competent court.
108. Therefore, any person complaining of having been a
victim of sex discrimination by a public authority may, as a
first step, ask to remedy the situation through a petition to
such authority as aforesaid. If the remedy sought is denied then
he may have recourse to the competent court.
Judicial recourse
109. Article 146 of the Constitution provides an effective
judicial remedy against any "decision, act or omission of any
organ, authority of persons which is contrary to any of the
provisions of the Constitution or of any law or which is made
in excess or in abuse of powers vested in such organ or authority
or person".
110. Persons claiming to be victims of legislative measures
of sex discrimination may attack the validity of such measures
either through the above-mentioned procedure of a recourse under
article 146 of the Constitution or by raising before any court
the question of unconstitutionality of such measures at any stage
of any judicial proceedings (civil or criminal) in which they are
parties and in respect of which such measures are material for
the determination of any matter at issue. If the court declares
the relevant legislation to be unconstitutional then it becomes
inapplicable to the relevant proceedings only.
111. The procedure for the issue of an order of mandamus is
also available to victims of sex discrimination. The order may
be issued to the Supreme Court to direct any person, corporation
or inferior tribunal to do a specified thing which appertains to
his or their office and is in the nature of a public duty, in
cases where there is specific legal right and either no specific
legal remedy for enforcing that right exists or the alternative
remedy is less convenient, beneficial and effectual.
112. In addition to the above judicial remedies, persons
claiming to be victims of acts of sex discrimination may under
article 72 claim compensation from the Republic through
proceedings before the civil courts for any damage suffered by
them as a result of any discriminatory act or omission committed
in the exercise or purported exercise of the duties of officers
or authorities of the Republic.
B. Criminal offences
113. Discriminatory acts as such are not punishable offences
in the Cyprus legal system. However, sex or other discrimination
contrary to the Constitution may amount to the criminal offence
of "disobedience to any law" provided by section 136 of the
Cyprus Criminal Code and punishable by imprisonment up to two
years and/or a fine not exceeding œC 1,000. Furthermore, persons
employed in the public service are liable for the offence of
"abuse of office" (punishable by imprisonment for a term not
exceeding two years and/or a fine not exceeding œC 300) if they
commit a discriminatory act in the exercise of purported exercise
of the authority of their office (sect. 105 of the Criminal
Code).
C. National women's machinery
114. The Permanent Central Agency for Women's Rights has
competence in receiving and channelling complaints and in
carrying out inquiries either on its own initiative or on
application.
Owing to the fact that the Agency has no decision-making powers
and cannot supervise or apply anti-discriminatory legislation, a
conclusion and result of an inquiry usually takes the form of a
recommendation.
D. Ombudsman
115. The introduction of the institution of an Ombudsman in
1991 by law No. 3/91 for the extra-judicial control of the
administration undoubtedly offers to women in Cyprus another
mechanism towards combating discrimination.
116. From the experience so far it is clear that women are
reluctant to bring cases of discrimination before the courts.
It is hoped that women will seek the assistance of the ombudsman
in cases that fall within his competence.
117. The ombudsman or commissioner for the Administration
has the power to investigate cases of illegality, violation of
human rights, contravention of the principles of good
administration and good behaviour brought to him by any person
living in Cyprus.
He has no power to quash decisions but he can, where justified,
recommend corrective action.
V. ARTICLE 3. NATIONAL WOMEN'S MACHINERY
118. In May 1988, the Government of Cyprus set up a national
women's machinery (the Permanent Central Agency for Women's
Rights) to deal with all matters concerning women, focusing on
the elimination of legal discrimination against women and the
promotion of real equality between women and men (see
organizational chart below).
119. The functions of the Agency are to advise the Council
of Ministers on policies and programmes on equality and to
promote, coordinate and monitor the implementation of these
programmes.
120. The Agency operates under the Ministry of Justice and
includes a system of four bodies in which all government
departments and a large number of non-governmental
organizations are represented. The Minister of Justice is the
Chairman of the Agency. The Permanent Secretary of the Ministry
of Justice is the President of the Coordinating Executive and
Investigating Committee and is responsible for the general
supervision of the operation of the Agency. The Secretary
General of the Agency is an administrative officer in the
Ministry of Justice.
121. The four bodies of the Agency are:
(a) The Central Planning and Monitoring Council, which is
assigned responsibility for:
(i) Proposing legislative measures and policies on equality;
(ii) Evaluating their effect and implementation;
(iii) Formulating and implementing information and
education
programmes on equality, women's rights, etc.;
(iv) Supporting women's organizations;
(b) The Coordinating Executive and Investigating Committee,
which consists of officers for women's rights of each ministry
and is responsible for the coordination of the implementation of
government policy and the informal investigation of complaints
of discrimination against women;
(c) The General Consultative Body, which is a mixed body
consisting of the members of the Council and the Committee and
a large number of other voluntary organizations interested in the
promotion of women's rights. This body convenes twice a year
to hear about the policy and programmes of the Agency and to
cooperate and lend its support to the Council and Committee for
the implementation of the relevant programmes and activities.
Members of this body are encouraged to participate in the various
ad hoc committees and therefore become more involved in the
activities of the Agency;
(d) The Secretariat, which is headed by a Secretary-General
and is responsible for:
(i) The smooth and effective cooperation and coordination
of the Agency;
(ii) The preparation of working papers;
(iii) The monitoring of international developments;
(iv) The constant briefing of members of the Council.
122. The general office work of the Agency is carried out by
the secretariat of the Ministry of Justice under the supervision
of the Secretary-General of the Agency.
123. In addition to the above bodies, ad hoc committees are
set up by the Council to carry out in-depth research on specific
issues of interest and to submit their findings and proposals, in
the form of a report, to the Council for approval.
124. The Agency has formulated and approved its own plan of
action for women, covering a broad spectrum of activities based
on the provisions of the Convention.
125. The Agency has set up the following ad hoc committees
to deal with priority issues:
(a) Committee on Family Law;
(b) Committee on Information and Education Programmes on
Equality;
(c) Committee on the Protection of Maternity;
(d) Committee on Equal Pay for Work of Equal Value;
(e) Committee on Child-Care Facilities;
(f) Committee on Rural Women;
(g) Committee on Housewives;
(h) Committee on the Participation of Women in Public and
Political Life.
126. The Agency organizes seminars, meetings and public
debates on current issues. Seminars have been organized with
great success on family law, the protection of maternity and the
role of the mass media towards equality, the participation of
women in political life, and others.
127. The Agency publishes the reports of the relevant
committees as well as useful information material on equality
issues, which it disseminates to non-governmental
organizations, and interested groups, pupils, teachers, etc.
128. The Agency subsidizes women's organizations to
implement their own programmes promoting the advancement of
women.
129. The Agency has competence in receiving and channelling
complaints and in carrying out inquiries on its own initiative
or on application. Owing to the fact that the Agency has no
decision-making powers and cannot supervise or apply
anti-discriminatory legislation, its conclusions and results of
inquiry usually take the form of a recommendation.
130. The Agency cooperates with a large number of non-
governmental organizations, including women's organizations,
trade unions, associations of teachers and others. Organizations
interested in the promotion of the goals of the Agency easily
can become members. The cooperation takes place in all fields of
activities and at all levels but mainly through participation
in the various ad hoc committees.
131. The Agency financially supports women's organizations
and other interested voluntary organizations and encourages them
to initiate and implement their own programmes and activities in
this area.
132. Of particular importance in this machinery is the
linkage of all government departments with non-governmental
organizations in an effective participation structure at all
levels. This cooperation has proved extremely useful and
fruitful so far, especially in the preparation and implementation
of the Agency's plans of action.
ORGANIZATIONAL CHART OF THE PERMANENT
CENTRAL AGENCY FOR WOMEN'S RIGHTS
------------------------
| MINISTER OF JUSTICE |
| AND PUBLIC ORDER |
------------------------
| | |
------------------------ | ---------------------
| Permanent Secretary | | | Permanent Secretary |
| Central Planning | | | Ministry of Justice |
| and Monitoring Council | | | and Public Order |
| (CPMC) | | | |
------------------------ | ---------------------
| | | |
| | | |
| | | |
| | -------------- ------------
| | |Coordinating | | Secretariat|
| | | Executive & | |Secretary- |
| | |Investigating | | General |
| | |Committee(CEIC)| -----------
| | ---------------
| |
-----------------------------
| General Consultative Body |
-------------------------------
- Members of CPMC
- Members of CEIC
- Representatives of a large
number of non-governmental
organizations interested
in women's rights
VI. ARTICLE 4. SPECIAL TEMPORARY MEASURES -POSITIVE
ACTION PROGRAMMES
133. Positive action programmes for the attainment of de
facto equality have also been adopted in Cyprus. These include:
(a) The setting up of the national women's machinery;
(b) The launching of enlightenment campaigns on equality
and women's rights;
(c) The encouragement of more girls to enter technical
education;
(d) The introduction of vocational and training programmes
especially designed for women. These programmes include
special training courses to attract young unemployed women and
programmes encouraging older women, mainly housewives, to enter
or re-enter economic life;
(e) The existing House Economic Programme is considered the
main tool for the out-of-school training of rural women. Its
programmes aim at improving the status of rural women by
promoting their roles in the agricultural household and in
farming and by encouraging them to deal with income-generating
activities;
(f) With the aim of improving the status of rural women,
the Government is considering the possibility of a pilot project
on women's cooperatives, in connection with the agrotourism
project.
The aim is to assist rural women to develop their own frame of
economic activities and at the same time to preserve the
traditional culture and lifestyle as well as to pay due respect
to environmental considerations. The proposal for such a project
has been put forward by the Agency.
134. Temporary special measures in the form of quotas have
not yet been introduced. One political party has used the quota
system with the aim of increasing the participation of women in
its high-rank organs. The same party has succeeded in electing
two women members of parliament (out of three women members of
parliament in the May 1991 elections.
135. The use of special temporary measures for achieving de
facto equality and mainly the quota system is one of the most
heated issues discussed in every seminar of the Agency, most
recently during the last seminar of the Agency on the
participation of women in political life. It is worth mentioning
that a large proportion of women participants in the seminar were
against this measure, feeling that the use of a quota was
degrading for women.
136. Measures to protect maternity are discussed under
article 11.
VII. ARTICLE 5. CHANGES OF SOCIAL ATTITUDES-
VIOLENCE AGAINST WOMEN
137. Social prejudices are the major obstacle in bringing
about de facto equality. That is why the Government's policies
on women's issues, especially since its ratification of the
Convention, have given emphasis to programmes and measures for
the changing of social attitudes and practices based on
traditional and stereotyped ideas regarding the roles of men and
women.
138. The reform of the Family Law as well as the elimination
of legal discrimination, which is in progress, undoubtedly has
proved to be beneficial from the educational point of view. It
reflects the new concepts and ideas of equality and can serve as
the basis for the changing of attitudes and behaviour of men and
women within the family, the workplace, etc. The elimination of
legal discrimination is important and will be continued but it is
not enough to bring about real equality.
139. That is why the Ministry of Justice, right after the
ratification of the Convention, secured through the Commonwealth
Secretariat the services of an expert to advise the Government on
the launching of a public campaign on equality.
140. On the basis of the expert's report, the Agency
formulated its plan of action and an enlightenment programme on
equality, which involves the Agency, the mass media, the
educational system and non-governmental organizations.
141. For the coordination and implementation of the programme
the Agency set up a special committee in which representatives of
the mass media, non-governmental organizations and government
departments are participating.
142. The enlightenment programme includes:
(a) Organization of seminars, public debates, meetings on
women's issues;
(b) Publication and dissemination of information;
(c) Cooperation with non-governmental organizations working
in this direction;
(d) Cooperation with the mass media;
(e) The Agency has organized the following seminars with
great success:
(i) Seminar on family law;
(ii) Seminar on the protection of maternity and facilities
to working parents;
(iii) Round-table discussion on the role of the mass media
towards achieving equality;
(iv) Conference on the problems of migrant women;
(v) Seminar on the participation of women in public and
political life;
(f) The Agency is playing a very important role in making
legal texts on women's issues known to the public. In that
respect, it has prepared and distributed informative leaflets for
the law on equal pay, the law on the protection of maternity,
etc.;
(g) The Agency publishes the reports of the various
committees as well as the findings and conclusions of its
seminars;
(h) It subsidizes women's organizations in the implementation
of their own programmes and activities, including
seminars/campaigns;
(i) The Agency is in the process of preparing a roster with
qualified professional women in non-traditional female
professions, to be given to the mass media organizations. The
aim is to increase the participation and improve the image of
women in the media;
(j) The Agency has announced two competitions: one for the
best advertisements (three awards for radio, television, press)
which portray a positive image of women and the other for
journalists who consistently and systematically promote equality
issues through their work.
A. Cyprus Broadcasting Corporation
143. The Cyprus Broadcasting Corporation has set up a special
Programmes' Advisory Committee on Equality, which has reviewed
the Corporation's television programmes and acts as a kind of
watchdog to make sure that the portrayal of women in programmes
is a positive one.
144. The Committee has concluded the first research project on
the portrayal of women in advertisements in Cyprus.
145. The Corporation has revised its Code of Advertising
Practice. The new Code states that advertisements should respect
the dignity and equality of all human beings.
146. Close links have been established between the Ministry of
Justice and the Permanent Central Agency for Women's Rights with
the mass media organizations especially by appointing liaison
officers responsible for equality issues.
147. The actions by the Corporation have so far proved useful
and fruitful. There has been an increase in the following:
(a) The number of television and radio programmes dealing
with women's issues;
(b) Women's participation in talks and discussions broadcast
by the media;
(c) The number of women working in the media;
(d) Fiction programmes portraying a positive image of women.
B. Violence against women
148. Violence against women has become one of the issues of
first priority within the overall field of policy for women.
149. The Government of Cyprus as well as the Permanent Central
Agency of Women's Rights and a number of non-governmental
organizations are very concerned about this problem. Various
measures have been taken to prevent and combat all forms of
violence within the family, with major emphasis on violence
against women and children.
150. The Department of Social Welfare Services, in whose
sphere of competence family welfare falls, identifies cases of
physical and psychological violence against women and children
which it handles through its preventive (mainly by counselling)
and therapeutic programmes.
151. Through a system of social workers on call, the
Department provides services to emergency cases during
non-working hours.
152. A study on violence within the family has been carried
out amongst families supervised by the Department, with the aim
of identifying the nature, causes (mainly those family situations
which lead to an increased number of dangerous conflicts) and
extent of the problem.
153. The Department organizes in-service training to enable
social workers to detect and make an early diagnosis of cases of
violence within the family and to offer the right support and
assistance to the victims of violence.
154. The Department is primarily responsible for providing
residential accommodation and crisis relief to mistreated women
and their children.
155. The Department offers technical and financial assistance
to non-governmental organizations and cooperates closely with
them in this field.
156. The Department recently opened the Family Guidance
Centre, which provides services by specialists such as social
workers, psychologists, medical officers, psychiatrists, etc. It
offers professional advice and support, free of charge, to
individual members of families and families as a whole. It also
deals with serious cases of violence within the family.
157. The Permanent Central Agency for Women's Rights has made
an important contribution towards the prevention and remedying of
violence through its programmes and activities aimed at the
advancement of the status of women. These include the reform of
the Family Law and other legislative measures, as well as the
launching of public campaigns on the rights of women.
158. The Agency financially supports and encourages women's
organizations and other interested voluntary organizations to
initiate and implement their own programmes, such as the setting
up of a crisis centre, carrying out information campaigns, etc.
159. Non-governmental organizations play a very important role
in making the issue of violence against women visible to society
and in providing practical assistance, advice and guidance to the
victims of violence.
160. The only crisis centre existing in Cyprus has been set
up and is run by the Association for the Protection of Victims of
Violent Crimes in the Family, a voluntary organization. The
centre is subsidized by public authorities and the Agency. It
provides to all family members practical assistance, including
crisis services and counselling by qualified personnel.
161. Battered women and children in danger as well as men who
are victims of violent crimes are adequately helped by social
workers, psychologists, lawyers and other qualified persons.
162. National legislation has been drafted regarding physical
and sexual violence against women. Owing to the considerable
increase of general sensitivity regarding the phenomenon of
violence, mainly against women and children, and the realization
that there is a need to take further legal measures for the
prevention and combating of violence in Cyprus, the Law
Commissioner has initiated the drafting of a bill entitled "Law
on the prevention of violence within the family and the
protection of victims of violence".
163. A committee has been set up under the chairmanship of the
Law Commissioner for this purpose, consisting of representatives
of the Association for the Prevention and Combating of Violence
Within the Family, the Welfare Department, the Ministry of
Justice and the Permanent Central Agency for Women's Rights, the
Police and the Attorney General's Office, as well as a female
member of parliament.
164. The parliament is closely watching these developments and
has been informed of the major changes which will be introduced
by the bill. These include the following:
(a) An increase of penalties for acts of violence within the
family;
(b) The clarification that rape can be committed within
marriage;
(c) The speeding up of trials dealing with cases of
violence;
(d) The issuing of an inhibition order prohibiting the
accused from entering or staying in the marital home;
(e) The appointment of family counsellors;
(f) The setting up of an advisory committee on violence in
the family, etc.
165. The bill also deals with police and judicial aspects of
physical and sexual violence against women. According to the
provisions of the bill, the courts will adopt more speedy
procedures in dealing with cases of violence.
166. In addition to the increase of penalties, the bill
provides for therapeutic measures as an alternative remedy.
The judge may decide to place the one found guilty on probation
on condition that he will undergo a therapeutic treatment.
167. The treatment of female victims of violence by the
police has proved to be one of the factors which discourage women
to report cases of violence. In order to change the mentality
and attitude on the part of the police and become more sensitive
to the needs of the victim, the Police Academy has introduced
special training courses in close collaboration with the
Association for the Protection of Victims of Violent Crimes in
the Family.
168. The bill provides that victims can report incidents of
violence to the police, family counsellors, doctors of the
victims, members of the Consultative Committee or the Association
for the Prevention and Combating of Violence Within the Family,
which can become a party in the trial of the perpetrator. It is
believed that this measure will increase the willingness of
victims to report incidents of violence.
VIII. ARTICLE 6. TRAFFIC IN WOMEN AND THE
EXPLOITATION
OF PROSTITUTION OF WOMEN
169. The Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others was
ratified in 1983, by law No. 57/83.
170. The suppression of the exploitation of women, whether of
age or under age, is dealt with in a series of provisions in the
Criminal Code, Chapter 154 of the Laws of Cyprus.
Criminal Code
171. Section 144 provides that any person who has unlawful
carnal knowledge of a female without her consent, or with her
consent if the consent is obtained by force or fear of bodily
harm or, in the case of a married woman, by impersonating her
husband, is guilty of the felony termed rape.
172. Section 145 provides that any person who commits the
offence of rape is liable to imprisonment for life, while section
146 provides that any person who attempts to commit rape is
guilty of a felony and is liable to imprisonment for 10 years.
173. Section 147 provides that any male person who has carnal
knowledge of a female person irrespective of whether it is with
the consent or not of such female person, who is to his knowledge
his granddaughter, daughter, sister or mother, shall be guilty of
the offence of incest and shall be liable to imprisonment for
seven years.
174. The abduction of a woman is punishable as a felony with
imprisonment for seven years (section 148). In accordance with
section 149, the abduction of an unmarried woman under 16 years
of age is considered a misdemeanour.
175. Section 151 provides that any person who unlawfully and
indecently assaults any female is guilty of a misdemeanour.
176. Section 153 provides the following:
"153. (1) Any person who unlawfully and carnally knows a
female under the age of 13 years is guilty of a felony and
is liable to imprisonment for life.
"(2) Any person who attempts to have unlawful carnal
knowledge of a female under the age of 13 years is guilty
of a misdemeanour and is liable to imprisonment for three
years."
177. Section 154 provides that the unlawful carnal knowledge
of a woman or the attempt to have carnal knowledge of a woman
between the ages of 13 and 16 years is punishable as a
misdemeanour. It is, however, a defence to such a charge if it
is proved to the court that the accused had reasonable cause to
believe that the woman was of or above the age of 16 years.
178. In accordance with section 155, "Any person who knows a
female to be an idiot or imbecile, has or attempts to have
unlawful carnal knowledge of her in circumstances not amounting
to rape, is guilty of a misdemeanour".
179. Section 156 provides for the suppression of brothels and
the termination of tenancies of premises on conviction for
permitting their use as brothels.
180. Section 157 provides:
"Any person who:
"(a)Procures a girl or woman who is under the age of
twenty-one years to have unlawful carnal connection with any
other person or persons, either in the Republic or elsewhere;
or
"(b)Procures a woman or girl to be a common prostitute,
either in the Republic or elsewhere; or
"(c)Procures a woman or girl to leave the Republic with
intent that she may become an inmate of a brothel elsewhere;
or
"(d)Procures a woman or girl with intent that she may for
the purposes of prostitution become an inmate of a brothel in
the Republic or elsewhere,
"is guilty of a misdemeanour."
181. Section 159 provides that procuring the defilement of a
woman by threats or fraud or administering drugs is a
misdemeanour.
182. Section 160 provides that any person who, being the owner
or occupier of premises, permits the defilement of a woman under
13 years on his premises is guilty of a felony and liable to
imprisonment for five years.
183. In case the woman is over 13 years and under 16 years,
section 161 provides that the offence committed is a
misdemeanour.
184. Section 162 provides that any person who detains any
woman against her will with the intent that she will be
unlawfully carnally known by any man or in any brothel is guilty
of a misdemeanour and is liable to imprisonment for two years.
185. Section 164 provides that any person who knowingly lives
wholly or in part on the earnings of prostitution or in any
public place persistently solicits or importunes for immoral
purposes is guilty of a misdemeanour.
186. Section 165 provides that every woman who is proved to
have, for the purpose of gain, exercised control, direction or
influence over the movements of a prostitute in such a manner as
to show that she is aiding, abetting or compelling her
prostitution with any person, or generally, is guilty of a
misdemeanour.
187. Section 166 provides that any person who conspires with
another to induce any female, by means of any false pretence or
other fraudulent means, to permit any person to have unlawful
carnal knowledge of her is guilty of a felony, and is liable to
imprisonment for three years.
IX. ARTICLE 7. POLITICAL AND PUBLIC LIFE AND NATIONAL
GUARD
A. Political life
Right to vote and to stand for election
188. Date on which women in Cyprus obtained the right to
vote and to stand for election. Women in Cyprus obtained the
right to vote and to stand for election in 1960, the same year
Cyprus gained its independence.
189. Equality of men and women in obtaining these rights. Men
and women obtained the right to vote and to stand for election in
equal conditions.
190. Procedure for registration on electoral registers. Such
registration is compulsory and is identical for men and women.
191. Exercise of the right to vote. Voting is compulsory in
Cyprus for men and women alike. Voting by proxy does not exist
in Cyprus.
Women in political parties
192. Women founders of political parties. Several women were
among the founders of the political parties in Cyprus.
193. Membership and militancy. The percentage of women
membership among the wider membership of the political parties
represented in the House of Representatives is as follows:
Party Percentage
Democratic Rally 18 per cent
Progressive Party of the Working People (AKEL) 25 per cent
Democratic Party 30 per cent
EDEK Socialist Party 6 per cent
194. Presence of women in governing bodies:
(a) The number/percentage of women in the governing bodies
of the political parties represented in the House of
Representatives is as follows:
(i) Democratic Rally:
Central Executive Secretariat: 4 out of 17, or 25 per cent;
Supreme Council: 21 out of 135, or 15 per cent;
District Councils: 27 out of 206, or 13 per cent;
(ii) AKEL:
Central Committee: 11 out of 100 members, or 11 per cent;
(iii) Democratic Party:
Governing bodies: about 20 per cent
(iv) EDEK Socialist Party:
Central Committee: 10 per cent;
Political Bureau: 6 per cent;
(b) Only in the case of the Democratic Rally the
numbers/percentages are the results of a quota system. Since
1986 the statute of the party provides that the percentage of
women in the collective organs of the party should be the same as
the percentage of women members in the respective district. In
the case of the other parties there is no quota system.
195. Women party leaders/leader of the party group in the
Parliament/other leadership positions. There are no women party
leaders or women leaders of party groups in parliament. However,
some women hold important positions in various bodies of the
parties.
196. Women's branch:
(a) Democratic Rally: There is a women's branch with the
following aims:
(i) The activation of women followers of the party and the
creation of branch committees at district and local
levels;
(ii) The registration of women members;
(iii) The activation and encouragement of women members for
greater participation in the party, particularly in
decision-making bodies;
(iv) Organizing activities aimed at attracting new members;
(b) AKEL: There is no women's branch. However, there are
several party groups (mainly in villages) consisting entirely of
women;
(c) Democratic Party: There is a women's branch. Its aims are
the contribution of women through the branch to the political,
cultural and social field, as well as the safeguarding for women
of equality of rights and opportunities. The branch also aims at
contributing to the struggle for survival of the Cypriot people.
In addition, it strives for achieving greater participation of
women in decision-making and promoting understanding and peace
between all women world wide;
(d) EDEK Socialist Party: There is a women's branch with the
following aims:
(i) The activation of women in the socio-political and
economic fields;
(ii) The establishment of a society free from repression,
exploitation and discrimination;
(iii) The solution of the many and special problems
confronting women in all fields of life in Cyprus;
(iv) The termination of the Turkish occupation of Cyprus,
the return of all refugees to their homes, the restoration of
the human rights of the Cypriot people and the prevalence
of peace.
Measures to reinforce women's participation in political life
197.Positions of principle with regard to the introduction of
measures to facilitate women's participation in political life.
The principle of the equality of the sexes is included in the
Constitution. Article 28 states inter alia that "every person
shall enjoy all the rights and liberties provided for in this
Constitution without any direct or indirect discrimination
against any person on the ground of his community, race,
religion, language, sex, political or other convictions ...".
198.This constitutional provision is upheld in government policy
and in legislation adopted by the House of Representatives which
is related to equal opportunities for women. The provision of
such opportunities in various fields naturally affects the status
of women and consequently the scope for their participation in
political life.
199.Quota system within political parties:
(a) AKEL, the Democratic Party and EDEK Socialist Party
have not adopted a quota system;
(b) In the case of the Democratic Rally, the quota system
for its collective organs was adopted in 1986. It is compulsory
(see para. 194 (b) above). It does not apply for candidacies in
national elections. The quota system has resulted in an
increase in women's participation in the party.
Women's access to parliament
200.The first woman in parliament. The first woman in parliament
was elected in 1981. Members of the House cannot be appointed.
201.Percentage of women candidates in the last elections to the
House of Representatives:
(a) Total number of candidates: 296;
(b) Number of women candidates: 31;
(c) Percentage of women candidates: 10.47.
202.Presence of women in the House during the previous
legislature and the current one:
(a) Previous legislature:
Date of elections: 8 December 1985;
Total number of seats in the House: 56 (the total number of
seats is 80. Of these the 24 seats which are reserved for
Turkish Cypriot members remain vacant);
Number/percentage of women: 1 member or 1.78 per cent;
(b) Current legislature:
Date of elections: 19 May 1991;
Total number of seats in the House: 56 (see (a) above)
Number/percentage of women: 3 members or 5.36 per cent.
203.The changes in the composition of the House are solely
owing to the recent elections. There has not been a change in
the parliamentary structure or the electoral system between the
two elections.
204.Electoral system. The system of proportional representation
in Cyprus is such that the order of candidates on the party's
list does not affect their electoral prospects. The voter
selects a number of the candidates from one party and the persons
elected from the party are the ones who receive most of the
preferences. This method ensures that all candidates, including
women, have equal chances for election irrespective of the order
of names on the list.
Women in national parliaments
205.Speaker of parliament. The President of the House is not a
woman. A woman has never been President of the House.
206.Presence of women in the governing body of the parliament.
There is no governing body in the House of Representatives.
207.Chairwoman or officer of a committee. A woman is
Deputy-Chairperson of the Foreign Affairs Committee. A woman is
also Deputy-Chairperson of the Committee on Educational Affairs.
208.Other functions exercised by women in Parliament. The clerks
of the House are members appointed by the President of the House.
In the current legislature one of the two clerks is a woman. The
functions of the clerks are defined in the rules of procedure of
the House as follows:
"The clerks shall help the President in conducting the
proceedings of the House, shall read in the House any
document deemed by the President that should be read, shall
register in order of request the names of the representatives
asking for the right to speak, shall help the President
during the voting and shall write down the decisions taken."
209.Fields in which women parliamentarians are active: The
percentage of women on parliamentary committees concerned with
the issues stated, bearing in mind that these issues do not
exactly match the field of competence of the various committees,
is as follows:
(a) National security, defence, military affairs: no women
members;
(b) Foreign affairs: 22.2 per cent;
(c) Finance: no women members;
(d) Legislation. This is a field covered by various
committees. As regards legal issues, the percentage on the
Legal Affairs Committee is 7.7 per cent;
(e) Public administration. This issue is within the
competence of either the Committee on Finance and Budgetary
Affairs (no women members) or the Committee on Legal Affairs (7.7
per cent);
(f) Infrastructure and development. This issue is dealt
with by the Committee on Domestic Affairs (no women members), the
Committee on Communications and Works (no women members) and as
far as the budgetary aspect is concerned, the Committee on
Finance and Budgetary Affairs (no women members);
(g) Economic and trade matters. The Committee on Trade and
Industry has no women members;
(h) Labour: 11.1 per cent;
(i) Family-related questions. This issue is within the
competence of the Committee on Legal Affairs (7.7 per cent);
(j) Health: no women members;
(k) Science and education (Committee on Educational
Affairs): 11.1 per cent;
(l) Research and technology. This issue falls within the
competence of various committees, with the Committee on
Communications and Work (no women members) dealing more often
with related issues;
(m) Environment: 22.2 per cent;
(n) Religious questions. They are more often examined by
the Committee on Educational Affairs (11.1 per cent) and the
Committee on Legal Affairs (7.7 per cent).
210.Specialized parliamentary committee. There is no committee
in the House specially responsible for dealing with questions
relating to women and their status.
211.Inter-party group of women parliamentarians. An
inter-party group of women parliamentarians does not exist in the
House of Representatives.
212.Women holding high-level positions in the parliamentary
administration.
None of the positions of permanent secretary of the House or
directors of departments are held by women.
Women in the national governmental administration
213.Head of State. The position of Head of State is not held
by a woman. A woman has never been Head of State in Cyprus.
214.Members of the Government. After 23 years another woman
minister was appointed in the new Government as from March 1993.
She is the Minister of Education and Culture.
B. National Guard
215.The National Guard was founded under the law No. 20 of
1964, according to which compulsory service in the National Guard
by all men completing 18 years of age up to 50 years of age is
legislated.
216.In 1984, the Ministry of Defence introduced to the House of
Representatives (Parliament) a bill entitled "The law of 1984
concerning the National Guard (female recruiting)".
217.During the study of the bill by the parliamentary Committee
of Internal Affairs, several organizations representing women's
rights were called upon to express their views. The bill was
withdrawn from parliament in 1985 and since then the matter has
remained stagnant.
218.The opinion of women's organizations is divided:
(a) One side accepts the enlistment of women in the
National Guard, stating that the protection of one's country is
the duty of all its citizens, and points out the vital role women
can play in the National Guard. Those supporting this idea
believe that the one-sided recruiting of men only to the National
Guard allows the differentiation between men and women and hence
restricts equal opportunities in life. It is stressed, however,
that the bill can only be accepted and passed after thorough
social and financial study taking into account all aspects of the
issue;
(b) On the other side there are organizations that are of
the opinion that voting in favour of this particular bill will
degrade woman's position in society and that military service
will not give women the equality they want. On the contrary, it
will produce an extra burden on Cypriot women who still are
mainly responsible for the upbringing of children. It will also
create a problem in the economy of the country.
219.Since 1985, the bill has not come forward into parliament and
no action in this direction has been taken.
220.In 1990, however, the Ministry of Defence, in an effort to
solve the National Guard's constantly increasing personnel
problems, hired, according to contract, volunteer female
officers.
221.This, however, has nothing to do with recruiting women on a
compulsory or volunteer basis, as it is a professional agreement
helping to overcome certain prejudices concerning woman's ability
to contribute to the National Guard.
222.Finally, the conclusion can be made according to the results
so far, that women can cope not only with military training but
also carry out many other duties in the army.
X. ARTICLE 8. REPRESENTATION AT THE INTERNATIONAL LEVEL
223. There is no legal impediment or any form of restriction
with regard to opportunities offered to women to represent their
Government at the international level and to participate in the
work of international organizations. In reality, however, the
situation is not satisfactory for the following reasons:
(a) Participation of government delegates in meetings at the
international level usually involves high-ranking officials of
different departments, most often at the director's level. The
fact that their proportion at the top level of the hierarchy is
negligible is by itself an obstacle in women's participation in
such meetings;
(b) Presently there is no Cypriot woman serving in
international organizations at the professional level for reasons
similar to (a) above. Family responsibilities and existing
prejudices constitute an additional obstacle in hindering women's
mobility at the international level.
224. In the Foreign Service of the Republic women represent
8 per cent of the diplomatic personnel. The first women
diplomats entered the Foreign Service in 1977, 17 years after its
establishment. There are presently no women at the rank of
ambassador, the highest level reached so far being that of first
counsellor. Because of the regulations governing promotions to
different ranks within the Foreign Service, it is simply a matter
of time for women to reach the highest levels of the service.
225. As regards participation of women diplomats in
international meetings, the situation is more encouraging
compared with the civil service at large, because of the nature
of the duties involved demanding frequent participation in such
meetings. Cypriot women diplomats have also been posted and
represented their country in important embassies/high commissions
of the Republic as well as in such international organizations as
the United Nations and the Organization for Security and
Cooperation in Europe (OSCE).
Cypriot women diplomats have also served as consuls general of
the Republic and have occasionally headed delegations of Cyprus
to international meetings.
XI. ARTICLE 9. NATIONALITY
226. The conditions for acquiring Cypriot nationality are less
strict in the case of an alien wife of a Cypriot man than an
alien husband of a Cypriot woman.
227. Sections 4 and 5 of Law No. 43/1967 provide:
"4. (1) A person born in the Republic on or after the 16th
day of August 1960, shall be a citizen of the Republic if:
"(a)At the time of the person's birth his father was a
citizen of the Republic or, if not living at the time of the
birth, the father would, but for his death be entitled to
become a citizen of the Republic; or
"(b)At the time of the person's birth, the father being
stateless, the person's mother was a citizen of the Republic;
or
"(c)Being an illegitimate child, his mother was, at the
time of the person's birth, a citizen of the Republic; or
"(d)He is not entitled to acquire on his birth any other
citizenship.
"(2) A person born on or after the 16th day of August
1969, in any foreign country shall be a citizen of the
Republic if:
"(a)At the time of the person's birth his father was a
citizen of the Republic or if not living at the time of the
person's birth, would, but for his death, be entitled to
become a citizen of the Republic either under annex D or
under this law or, the person being an illegitimate child,
his mother was at the time of the person's birth a citizen of
the Republic; and
"(b)The person's birth is registered in the prescribed
manner within two years of its occurrence or within two years
of the coming into operation of this Law, whichever is later,
or within such extended period as the Minister may, in any
particular case, for good cause shown, authorize:
"Provided that a person who becomes a citizen of the
Republic upon the date of the expiration of the year from the
day on which that person attains the age of twenty-one years
unless:
a. At such date, the person has his place of ordinary
residence in the Republic; or
b. That person has, before such date and after attaining
the age of twenty-one years, filed in the prescribed
manner a declaration of retention of citizenship of
the Republic:
"Provided further that a person who has ceased to be a
citizen of the Republic under this subsection may resume
citizenship of the Republic if he files a petition for its
resumption in the prescribed manner and such petition is
approved by the Minister.
"If the Minister so directs, a birth shall be deemed, for
the purposes of subsection (2), to have been registered with
his authority notwithstanding that his authority was not
obtained before registration.
"5. (1) Subject to the provisions of subsection (4), a
citizen of the United Kingdom and colonies or of a
Commonwealth country, being a person of Cypriot origin and of
full age and capacity, shall be entitled, on making
application therefore to the Minister in the prescribed
manner and on making the affirmation of faith to the
Republic, to be registered as a citizen of the Republic if
such person satisfies the Minister that:
"(a)He is ordinarily resident in Cyprus and has been so
resident throughout the period of twelve months, or such
shorter period as the Minister may in the special
circumstances of any particular case accept, immediately
preceding the date of his application, or he is in the public
service of the Republic; and
"(b)He is of good character; and
"(c)He intends to continue to reside in the Republic or
to continue in the public service of the Republic, as the
case may be.
"For the purposes of this subsection:
"'Commonwealth country' means any country other than the
Republic which is, on the date of the coming into operation
of this law, a member of the British Commonwealth and
includes the Republic of Ireland and any other country
declared, by an order of the Council of Ministers, to be a
Commonwealth country for the purposes of this subsection;
"'Person of Cypriot origin' means a person who was born in
Cyprus at a time when his parents were ordinarily resident in
Cyprus and includes any person descended in the male line from
such person.
"(2)The Minister may, subject to the provisions of
subsection (4), upon application in the prescribed manner and
on making the affirmation of faith to the Republic in the
form specified in the first schedule, cause to be registered
as a citizen of the Republic, whether or not she is of full
age and capacity, an alien married woman who satisfies the
Minister that:
"(a)She is the wife or widow of a citizen of the Republic
or she has been the wife of a person who would but for his
death have become or been entitled to become a citizen of the
Republic; and
"(b) She has resided with her husband for a period of
not less than one year.
"(3)The Minister may cause the minor child of any citizen
of the Republic to be registered as a citizen of the Republic
upon application made in the prescribed manner by a parent or
guardian of the child.
"(4)A person who has renounced or has been deprived of
citizenship of the Republic, shall not be entitled to be
registered as a citizen thereof under this section, but may
be so registered with the approval of the Minister.
"(5)A person registered under this section shall be a
citizen of the Republic by registration as from the date of
which he is registered."
228. The Convention on the Nationality of Married Women of
1957 provides that marriage to an alien does not affect
automatically the nationality of the wife. This Convention had
been ratified by Britain when Cyprus was a British colony and has
been in force in Cyprus since 1971 as a notification of
succession has been made.
The Convention also provides that the change of nationality of
the husband does not automatically change the nationality of the
wife.
229. Women do not enjoy equal rights with men with respect to
the nationality of their children.
230. The Republic of Cyprus citizenship law No. 432/67
provides in section 4 that for the citizenship of the children
only the citizenship of the father is taken into account, unless
they are illegitimate or the father has no citizenship, in which
case the citizenship of the mother is taken into account.
231. The Government of Cyprus has currently a reservation on
article 9, paragraph 2.
XII. ARTICLE 10. EDUCATION
A. Paragraph (a)
232. In Cyprus the standard of education of both men and women
is generally high. According to the Cyprus Constitution, every
citizen has the right to education without any discrimination.
233. The Cyprus Ministry of Education takes all appropriate
measures to eliminate discrimination against women in order to
ensure to them equal rights with men in the field of education
and in particular to ensure equal education opportunities for
both sexes. The same conditions apply for career and vocational
guidance, for access to studies and for the acquiring of diplomas
in educational institutions of all categories in rural as well as
in urban areas. This equality is ensured in pre-school, primary,
secondary, technical, professional and higher technical
education, as well as in all types of vocational training.
Primary education is compulsory and free; secondary general,
technical and vocational education is also free.
234. Some 99 per cent of the graduates of primary education
are enrolled in secondary schools. From these 89 per cent
complete the first cycle of secondary education and 80 per cent
complete the second cycle. These percentages do not
substantially differ between boys and girls.
235. Also the proportion of girls in the primary and secondary
school population is roughly equal to that of boys.
236. Although career and vocational guidance is equally
available to boys and girls and both sexes are equally informed
of the full range of vocational opportunities, a high percentage
of girls continue to select subjects which lead to professions
that are traditionally considered to be suitable for women (i.e.,
teachers, nurses, secretaries). For example, the percentage of
girls who follow technical/vocational education is very low
compared with that of boys. As can be seen from table 2 below,
the participation of girls has improved considerably since
1975/76, although it is still very low. Furthermore, over half
of the girls follow subjects that are traditionally considered to
be for women (i.e., dressmaking).
237. There are also big differences in the selection of
subjects in the second cycle, general (see table 3). The
percentage of girls who select secretarial studies, foreign
languages, humanities, etc., is higher than that of boys.
238. Taking into consideration the sex stereotyping in
selecting subjects and following a career, the Ministry of
Education is taking all appropriate measures to counter this.
Recently a decision was taken gradually to replace all teachers
teaching career education with career counsellors qualified at
the master's level. The first six have already been appointed.
239. The gross enrolment ratio in the third level of education
is 32 per cent for girls and 37 per cent for boys. The
percentage of women in the schools of tertiary education in
Cyprus is higher than that of men and is increasing at a faster
rate than the percentage of women in tertiary education in
schools abroad (see table 2). Women in tertiary education also
select to a great degree subjects that are considered to be
suitable for women. This tendency is more obvious in tertiary
education in Cyprus.
240. The number of students who follow post-graduate studies
is 593 men and 212 women.
241. It should be noted that the proportion of students in
tertiary education among the population is internationally very
high (20.8 for every 1,000 inhabitants).
B. Paragraph (b)
242. All students have the right to follow the same curricula,
to take the same examinations, to be taught by teaching staff
with qualifications of the same standard, in school premises of
the same quality and to use equipment of the same quality.
243. There are the same curricula options and access to the
same activities at all levels of education except in home
economics and technical skills. Until recently, home economics
was offered only to girls and technical skills only to boys. The
Ministry of Education is considering the abolition of the
differentiation in the curricula between boys and girls in these
two subjects. As a first step, technical skills is being
developed as a programme of craft, design and technology and is
being offered to both sexes on an experimental basis.
244. The problem was expected to be solved completely with the
nine-year compulsory school system which was to be introduced
from the academic year 1991/92. In this system, all curricula
and access to all activities was to be the same for both sexes.
C. Paragraph (c)
245. Since 1979/80, all public and private schools have been
coeducational.
246. In all school programmes, textbooks and teaching methods,
the Ministry of Education takes into consideration the
development of positive attitudes among boys and girls with
regard to equality between the two sexes.
247. Most of the teachers of primary and secondary education
are women, although in the higher positions there are more men
than women.
248. In 1989/90, 260 women and 402 men were employed in third-
level education in public and private institutions.
D. Paragraph (d)
249. There are equal opportunities for scholarships and other
study grants.
250. In Cyprus grants and scholarships are available from
foreign countries, United Nations agencies, international
organizations and the Government of Cyprus. These grants and
scholarships are not available solely for women or solely for
men.
251. The scholarship board always selects candidates on merit,
without sex discrimination, taking into account the
qualifications, personality and suitability of the candidates.
252. For the academic year 1988/89, with 200 applicants the
scholarships offered by the Government of Cyprus, the Scholarship
Board approved 60 grants for women and 40 grants for men.
E. Paragraph (e)
253. The same opportunities are ensured for access to
programmes of continuing education, including adult and
functional literacy programmes. Illiteracy exists only among old
people, because since 1960 primary education has been compulsory
and free.
254. In 1988/89, of the students enrolled in adult education
programmes of the Ministry of Education, 70 per cent were women
and 30 per cent were men. Although there are no barriers for
women, the main subjects in which they participate are those
traditionally considered to be suitable for women, i.e.,
shorthand, typing, dressmaking and home economics.
255. The teaching staff offering such programmes are primary
education teachers and special personnel (for special subjects),
with an equal number of men and women.
F. Paragraph (f)
256. In Cyprus, the student drop-out rate is very low.
257. In 1988/89, 99.2 per cent of the girls and 99.7 per cent
of the boys who completed their elementary education went on to
secondary education. During the same year, 0.9 per cent of the
girls and 1.5 per cent of the boys dropped out of secondary
education (out of all classes and all schools).
258. For students who leave school prematurely there are
evening classes for secondary general, technical and vocational
education. There are also adult educational programmes in a
great variety of subjects.
G. Paragraph (g)
259. There are the same opportunities for boys and girls to
participate actively in sports and physical education programmes.
H. Paragraph (h)
260. Educational information, including information and advice
on family planning and family education, is included in the
subjects of home economics and child care. Child care is
included in the group of supplementary subjects which are
optional for the second and third grades of upper secondary
education. However, most of the students (boys and girls) do not
select child care because they prefer other subjects which they
believe are more useful for their further studies.
261. Many similar subjects are also included in adult
education programmes of the Ministry of Education.
Table 2. Participation of women in education, 1975-1990
Number of women | Percentage of total
| accounted for by women
|
1975/76 1981/82 1989/90|1975/76 1981/82 1989/90
Preprimary 2 067 5 481 10 514 48.9 47.5 47.8
Primary 27 368 22 552 29 368 48.4 48.9 48.3
Secondary a/
First cycle 12 590 13 266 11 880 47.4 49.2 48.4
Second cycle,
general 10 611 10 506 8 851 56.0 57.5 53.0
Second cycle,
technical 234 266 486 6.0 7.4 15.6
Higher
Cyprus 241b/ 752 3 198 40.0 38.0 54.6
Overseas 4 445 4 505 3 696c/ 37.8 38.7 39.3c/
a/ The first cycle includes the first three grades and
the second cycle includes the fourth up to the final grade of
public and private secondary schools. Technical education
includes vocational.
b/ Includes only the public sector.
c/ Refers to the 1988/89 school year.
NOTE: Tables 3 to 10 are not available.
XIII. ARTICLE 11. EMPLOYMENT
A. Paragraph 1 (a)
262. The right to work is safeguarded under the Cyprus
Constitution. Specifically, article 25, paragraphs 1 and 2,
read as follows:
"1. Every person has the right to practise any profession or
to carry on any occupation, trade or business.
"2. The exercise of this right may be subject to such
formalities, conditions or restrictions as are prescribed by
law and relate exclusively to the qualifications usually
required for the exercise of any profession or are necessary
only in the interests of the security of the Republic or the
constitutional order or the public safety or the public order
or the public health or the public morals or for the
protection of the rights and liberties guaranteed by this
Constitution to any person or in the public interest."
263. It should be mentioned that the major objective of the
Government's economic policy in the field of employment as set
out in the five-year development plan, 1989-1993, is the
maintenance of full employment. Given the conditions of labour
shortages during the past few years, added emphasis is placed on
the acceleration of the rate of growth of the labour force and
its more efficient utilization. In this respect, various policy
measures have been integrated in the development plan aimed at,
inter alia, encouraging more women to enter the labour force in a
wider spectrum of occupation (expansion of child-care facilities,
creation of summer schools, etc.).
B. Paragraph 1 (b)
264. The position of women was changed considerably following
the Turkish invasion that took place in 1974, which had as a
result the reactivation of the economy. The uprooting of a large
number of the population and the dispersion of lots of
communities affected in various ways the traditional role played
by women in the family and in the community generally. The loss
of income of a large number of refugees created the need for
women to seek employment so as to contribute to the family
income. The form that the reactivated economy took contributed
towards this trend (the increase of the number of women
employed), which was mainly based on the development of
industries, such as the clothing industry, which employed a large
percentage of women.
265. These developments enforced a dynamic social policy.
The Government responded to this need by implementing various
measures to relieve problems such as survival, housing and
employment of refugees.
266. The expansion of social welfare services regarding child
care for working parents, mainly refugees, and the care of
old-age people played an important role in women's lives since it
relieved them of responsibilities traditionally considered as
theirs within the family.
267. After the resettlement of the refugees and the
stabilization of the economy, a study was made at the problems
faced by women in various sectors with the main aim of
implementing the principle of equality of the sexes. This led to
the ratification of the Convention on the Elimination of All
Forms of Discrimination against Women by law No. 78/85.
268. In the public sector (including semi-governmental
organizations) there is no distinction between women and men in
recruitment and employment practices.
269. In the private sector, however, indirect or hidden
discrimination still exists, sex stereotypes influence management
practices and many jobs are still conceived of as "male" and
"female" preserves. Such discriminatory practices are the result
of once strong, but now weakening, traditional values and
attitudes. The main occupations where women are employed can be
seen in table 11 below.
270. A policy of non-discrimination regarding access to
employment has been declared and is pursued. The Vocational
Guidance and the Vocational Training Services as well as the
Public Employment Offices make special efforts in the course of
their activities to encourage and assist women to enter
non-traditional occupations and, in general, to widen their
occupational horizons.
271. The Industrial Training Authority offers industrial
courses at the supervisory and managerial levels for tertiary
education graduates. These courses can be attended by women.
The Authority has made special efforts and held a separate
campaign to attract women who have not worked for long periods to
re-enter the labour market. Towards this end the Authority
offers an orientation course aimed at providing all the necessary
information on the labour market and encouraging women to return
to work.
272. As a follow-up to the orientation course, special courses
are offered for women in which special efforts are made to
convince them to enter new fields of occupation, such as
technical fields. Furthermore, training programmes are sometimes
specially organized and implemented with a view to attracting
women workers to non- traditional occupations.
273. Traditional attitudes, however, although steadily
weakening, continue to reinforce women's occupational
concentration and to influence girls and women to take courses
leading to a narrow range of occupations in the economy in
general, either in industry itself or in administration.
Efforts, therefore, continue to be made to break down the concept
that jobs can be classified according to sex through suitable
vocational guidance and education of boys and girls at a young
age, as well as the enlightenment of parents and the public in
general.
C. Paragraph 1 (c)
274. In the private sector, there are large differences in
earnings between men and women in Cyprus and this can be observed
in the sectoral and occupational segregation of the sexes. One
reason for these observed differentials in pay is that women are
relegated to low-paying jobs within an aggregated occupational
group.
275. There are pay differences between the sexes for each
education level and the age/earnings profile of women lies below
that of men. Usually the average earnings of women are lower
than that of men at any age, but they rise at a much lower rate
over time.
276. In the public sector, there are no pay or benefit
differences.
277. Legislation providing, inter alia, for the promotion of
equal employment opportunities can be found under the
following:
(a) Constitution of the Republic of Cyprus;
(b) Law No. 3 of 1968 ratifying ILO Convention No. 111
concerning Discrimination in respect of Employment and
Occupation;
(c) Law No. 35 of 1977 ratifying the ILO Convention No. 142
of 1975 concerning Vocational Guidance and Vocational Training in
the Development of Human Resources;
(d) Law No. 39 of 1966 ratifying ILO Convention No. 122 of
1964 concerning Employment Policy;
(e) Law No. 78 of 1985 ratifying the United Nations
Convention on the Elimination of All Forms of Discrimination
against Women;
(f) Law No. 213 of 1987 ratifying ILO Convention No. 100 of
1951 concerning Equal Remuneration for Men and Women Workers for
Work of Equal Value;
(g) The Protection of Maternity Law No. 54/1987 and
No. 66/1988;
(h) Law No. 158/89 on Equal Remuneration of Men and Women
for Work of Equal Value.
278. Moreover, labour legislation affords protection as
regards the right to free choice of profession and employment and
the right to receive all forms of training to all employed
persons without any discrimination whatsoever. Also, collective
agreements are concluded through free democratic procedures (free
collective bargaining). But there are still some collective
agreements that do discriminate against women. During the
process of the conclusion or renewal of existing collective
agreements every effort is made, by all parties concerned, to
remove any possible discrepancies which might be considered as
constituting discrimination.
279. Other non-legislative measures, such as facilities for
the care of children, are also taken, with the aim of allowing
women better to combine their double role as wife and mother with
economic activity.
280. Most other terms and conditions of employment, which are
determined by collective agreement, do not differ by sex. There
are, however, some differences, which relate to the conventional
view that a woman is dependent on her husband but a man is not
dependent on his wife. Regarding specific terms of employment of
men and women the following information is given.
Employee benefits by collective agreement
281. The word "same" in the text that follows, means that it
does not differ by sex. It may vary, however, according to
sector of economic activity, collective agreement, occupation,
type of work within a firm, income level, years of service, and
other factors which are considered to be objective.
282. Some of the terms of employment mentioned in the text
that follows do not apply widely but are unique to an occupation
or sector.
283. Pay scales: see paragraph 281 above.
284. Minimum pay rates. Minimum pay rates differ by sex in
several collective agreements, e.g., in the food, beverage,
construction, clothing, woodworking and metal goods industries.
285. As a result of differences in minimum pay, yearly pay
increases by collective agreement are also usually higher for
men, in absolute terms, i.e., in pounds and cents, though they
are usually higher for women in relative terms, i.e., in
percentages.
286. In the past few years, because of the policy followed
to reduce pay differentials, the relative difference of pay
between men and women has decreased. As table 12 below shows,
there was a marked drop in the male/female differential of
average wages between 1981 and 1989, and the trend seems to be
continuing.
287. The first steps have already been taken towards the
elimination of any possibility of discrimination based on sex
through legislation, as mentioned in paragraph 277 above. In
addition, the Labour Advisory Board, the top-level tripartite
body chaired by the Minister of Labour and Social Insurance,
expects the gradual elimination of sex-based pay rates from
collective agreements and their substitution with occupational or
other objectively set rates.
288. It should be noted, in this connection, that the latest
collective agreement in the printing industry (1990-1991)
includes a provision according to which pay rates will be revised
in order to reflect job content and other objective factors, and
will make no reference to the worker's sex.
289. Thirteenth month salary: see paragraph 281 above.
290. Extra redundancy pay: see paragraph 281 above.
291. Hours of work and working schedule: see paragraph 281
above.
292. There are some legislative restrictions, however,
concerning night work for women in "industrial" work. The
relevant legislation may be revised, in the light of the ILO
Night Work Convention of 1990.
293. Retirement age. In a few cases, the retirement age for
women in the private sectors is lower, usually 55 instead of 60.
294. Shift allowance: see paragraph 281 above.
295. Broken-day allowance: see paragraph 281 above. The
allowance is payable in some cases, e.g., hotels, where the
working day is broken into two halves, with a comparatively long
break in between.
296. Reduced night shift (i.e., fewer working hours than
respective day shift): see paragraph 281 above.
297. Maximum working hours: see paragraph 281 above.
298. Minimum rest periods: see paragraph 281 above.
299. Provident funds. The contributions are the same.
Benefits are occasionally slightly better for women (e.g. women
may withdraw their capital at a lower age).
300. Medical funds. Contributions are the same except in rare
cases, e.g., in the banking industry, where a small extra charge
may be paid by male employees because their dependants (but not
those of female employees) are covered. In the case of most
other industrial medical funds, dependent children are usually
recognized both for men and women workers, but no dependent
spouse is recognized for women workers unless the spouse has no
income.
301. Annual leave: see paragraph 281 above.
302. Sick leave: see paragraph 281 above.
303. For the Social Security Scheme see paragraphs below.
304. Parental leave. Only maternity (not paternity) leave is
recognized.
305. National or religious holidays: see paragraph 281 above.
306. Transport allowances: see paragraph 281 above.
307. Loans at subsidized interest (banking industry): see
paragraph 281 above.
308. Marriage allowance. This is a rather rare benefit. In
certain cases, men, but not women, are entitled to a marriage
allowance.
D. Paragraph 1 (d)
309. A Law on Equal Remuneration of Men and Women for Work of
Equal Value was enacted by the House of Representatives in 1989
(law No. 158/89) and came into force as from October 1992 (see
para. 315 below).
310. In implementing the law, the Government of Cyprus
requested and secured ILO expert advice.
311. The basic way for the determination of terms and
conditions of employment is collective bargaining. This is
affirmed in the Industrial Relations Code, which is a general
agreement on labour relations and dispute settlement procedures,
concluded in 1977. The role of the State is limited to
encouraging unionization and providing aid in the procedures for
dispute settlement. Wages are set by legislative order only in
those sectors where unionization mechanisms are weak or
inexistent.
312. Labour relations in Cyprus are, therefore, voluntary, in
the sense that they are characterized by a minimum of legislative
regulation. Neither collective agreements nor procedural norms
for settling disputes are legally binding. Nevertheless, at the
individual worker's and employer's level, collective agreements
become part of their legally enforceable employment relationship.
313. The principle of equal remuneration for work of equal
value is being applied in basic sectors of the economy,
specifically the public and semi-public sectors and part of the
private sector (e.g., the banking and the hotel and catering
industries). It should be pointed out that this principle has
been steadily promoted within Government's standing policy for
equal treatment of men and women in the field of employment.
Among the measures taken in pursuance of the policy of improving
the position of women in the labour market are the substantial
increase of pre- school classes and day care services for
children and the
introduction in 1987 of maternity protection legislation.
314. With a view to extending the application of the principle
of equal remuneration to all sectors of the economy, the
Government of Cyprus, taking into consideration that other
countries which also had a free system of collective bargaining
eventually introduced legislation for the application of the
principle of equal remuneration and bearing in mind the means
named in article 2, paragraph 2 of ILO Convention No. 100 of 1951
on equal remuneration, has promoted, during the period under
review, after consultations with the social partners and other
interested bodies/organizations (including organizations of
women), the enactment of special legislation for the elimination
of discrimination for "like work" as a complementary means to
collective bargaining. Equal remuneration for work of equal
value but of different nature will be promoted through collective
agreements in accordance with paragraph 2 of (d) of article 2 of
the Convention.
315. The Law on Equal Remuneration of Men and Women for Work
of Equal Value was voted by the House of Representatives in 1989
(law No. 158/89). It is considered appropriate to mention here
that this law:
(a) Imposes an obligation on employers to provide to men and
women employed by them equal remuneration for work of equal value
and makes contravention of this provision a criminal offence;
(b) Contains provisions for the adjustment of terms in
collective agreements in order to provide for equal remuneration
in cases where this is not so;
(c) Protects employees from dismissal or discriminatory
treatment by their employer on the ground that they have
submitted a claim, or gave evidence or contributed to the
prosecution of an offender or took any other measures on the
basis of this law;
(d) Empowers the Labour Disputes Court to take measures for
the removal of a discriminatory situation against a woman, after
a claim submitted by her or on her behalf by a trade union and to
award compensation to a woman for any damages or real loss
suffered by her;
(e) Provides that it will come into force three years after
its enactment (which it did in October 1992).
E. Paragraph 1 (e)
316. The social insurance legislation in Cyprus (law Nos.
41/80, 48/82, 11/83, 7/84, 10/85, 116/85, 4/87, 199/87, 214/87,
68/88, 96/89 and 136/89) protects every person who is gainfully
occupied in the island with the exception of female family
workers in agriculture (see also the comments under art. 14
below).
317. Thus women in Cyprus are protected in cases of
unemployment, sickness, invalidity, old age and incapacity to
work in the same way as men in the sense that the contribution
conditions and the rate of the benefits granted are the same both
for men and women.
318. However, the insurance of the wife does not give the
right to a widower's benefit except where the husband is
permanently incapable of self-support. The same applies to
increases for dependants for periodical benefits.
319. The right to paid leave is safeguarded by the Annual
Holidays with Pay Laws, 1967-1980, which provide the same
protection to all employees irrespective of sex. Thus, this law
provides for a minimum of three working weeks paid leave every
year. If the employee is entitled to a longer period of leave by
any law, custom or collective agreement or otherwise, his
entitlement to the longer period of leave is maintained by the
law.
F. Paragraph 1 (f)
320. The protection of health and safety at work is
safeguarded by legislation which applies without discrimination
to all persons employed. A list of the existing legislation is
in table 13 below.
Special provisions aiming at the protection of women regarding
the functions of reproduction are included in the "Agricultural
Operations (Safety, Health and Welfare) Regulations 1982". Such
provisions refer to the use of pesticides. Provisions existing
in the Safety and Health at Work legislation do not exclude
unnecessarily women from employment.
321. The information given under paragraph 2 (a) below is also
applicable here.
G. Paragraph 2 (a)
322. Section 6, subsection 2, of the Termination of Employment
Laws 1967-1990 provides that "pregnancy" or "maternity" shall in
no case constitute valid reasons for termination.
323. An employer who dismisses a woman on the grounds of
pregnancy or maternity is liable under the above law for the
payment of compensation to her. The amount of the compensation
is determined by the Industrial Disputes Court, which takes into
account, inter alia, the wages of the person concerned, the
length of service, the loss of career prospects, the conditions
of the termination and the age of the woman. The maximum amount
which can be awarded is the amount of wages of the employee for a
period of two years.
324. Furthermore, law No. 54 of 1987, which safeguards the
right of women to 12 weeks maternity leave (of which 9 shall be
taken compulsorily in the period beginning in the second week
before the week of confinement), makes it unlawful for any
employer to give notice of dismissal to any female employed
person during the period commencing from the time such female
employed person notifies the employer by the production of a
certificate of a registered medical practitioner, or her
pregnancy and ending after the expiration of three months from
the end of the period of her maternity leave. This does not
apply in the following cases:
(a) Where the female employed person is guilty of serious
fault or conduct which justifies a breach in the employment
relations;
(b) Where the undertaking has ceased to operate;
(c) Where the contract of employment has expired.
325. It may also be mentioned that by law No. 45 of 1985, the
Government of Cyprus ratified ILO Convention No. 158 on
Termination of Employment of 1982.
H. Paragraph 2 (b)
326. Under the social insurance legislation a maternity
allowance is payable to a woman insured as an employed or self-
employed person for a period of 12 weeks beginning between the
sixth and the second week before the expected week of
confinement.
327. The contribution conditions are that the claimant:
(a) Has paid up to the beginning of the maternity allowance
period contributions on earnings not lower than 26 times the
weekly amount of basic insurable earnings;
(b) During the previous contribution year has paid or been
credited with contributions corresponding to earnings not less
than 20 times the weekly amount of basic insurable earnings.
328. The weekly rate of benefit is 75 per cent of the
insurable earnings of the woman in the previous year.
329. Further, this Law provides that maternity leave shall not
affect the seniority rights of the female employed person or her
right to reinstatement in her former work or in equivalent work
paid at the same rate.
I. Paragraph 2 (c)
330. The services that now exist in Cyprus for child care and
pre-primary school education for children under the age of 5 1/2
years can be separated into two categories: kindergartens and
child-care places. The main objective/purpose of operation of
kindergartens is to satisfy the educational/academic needs of
children, their personality and overall development and to help
them in their preparation for their induction into primary
school. The child-care places offer services to working parents
by taking care of safely protecting and helping their children to
be sociable. This form of services is offered by the State, the
community or by private institutions.
331. The Department of Social Welfare Services operates
child- care services for working parents. It operates 12 State
day-care centres in refugee communities and in large urban areas.
In order to provide, specially, for the needs of the working
mother, State day-care centres are staffed in such a way as to
operate all year round and during the afternoons. In the state
day-care centres, parents pay fees according to their financial
situation in order to facilitate the use of this service mainly
by working parents from lower-income groups.
332. Owing to the continuously increasing tendency of mothers
to participate in the work force, an increased demand has been
created for the provision of day-care services. Because of this
increased demand, the Welfare Department encourages and mobilizes
the voluntary sector to offer more child-care services. It
provides under the grants-in-aid scheme financial and technical
assistance to voluntary (non-profit) organizations and community
organizations in order to establish day-care centres in areas
where there is a pressing need for such services.
333. According to research undertaken by the Department, there
is a pressing need for child-care facilities, especially in
industrial areas.
334. Community and private day-care centres are registered and
inspected in accordance with the Children's Law with a view to
securing the provisions of proper care and maintaining acceptable
standards of operation. These standards are defined in the
Children's (Day-care Centres) Order with the aim of raising the
standards relating to qualifications and suitability of personnel
and to the facilities and safety of the premises used for this
purpose. In accordance with the same law and in the same way
"child minders" are registered and supervised. At the end of
1988, there were 212 registered day-care centres, compared with
155 at the end of 1985.
335. The above-mentioned services are offered for children up
to the age of 5 1/2 years. The majority of these establishments
are concentrated in the cities. Efforts are being made to
increase such establishments in the rural areas.
336. Recognizing the need for the expansion of child-care
facilities for working parents, the Department of Welfare
Services conducted a survey among primary school children (ages 5
1/2-12 years) whose parents were both working. The survey
determined that there was a need for child-care facilities during
summer holidays when schools were closed. There was a large
number of families in which both parents were working who faced
problems in finding facilities to care for their children.
Efforts are now being made to put these findings into effect.
J. Paragraph 2 (d)
337. The maternity protection law provides that special
regulations may be enacted for the protection of pregnant women
in specified types of work which is harmful to them. The
enactment of such special regulations is now under consideration.
K. Paragraph 3
338. A list of existing labour legislation appears in table 13
below. This legislation is updated and new laws and regulations
may be enacted in the light of scientific and technological and
other developments at the international or national level. The
following laws address specifically the needs of women:
(a) The Maternity Protection Law Nos. 54/1987 and 66/1988;
(b) Employment of Women (During the Night) Law, chapter 180;
(c) Employment of Women (in Mines) Law, chapter 181.
339. Revision of the Employment of Women (During the Night)
Law, chapter 181, will be examined in the light of the ILO Night
Work Convention adopted in 1990.
340. Certain provisions of the laws appearing above may also
be revised in view of new trends and developments.
Table 11. Concentration of women in certain occupations,
1960-1985
Number of women
Code a/ Occupational group 1960 1976 1985
07 Paramedical personnel 963 1 248 1 951
13 Teachers 1 716 2 424 3 447
32 Stenographers, typists 714 1 641 2 968
33 Bookkeepers, cashiers 165 1 354 3 913
38 Telephone and telegraph operators 184 431 910
39 Other clerical staff 1 847 3 813 7 189
45 Sales assistants 942 3 039 5 543
53 Cooks, waiters 250 1 221 2 117
54 Maids, housekeepers 2 795 1 062 2 542
55 Cleaners 1 383 2 086 3 204
56 Launderers, dry-cleaners 632 492 984
57 Hairdressers 316 557 1 108
59 Guides and other service workers - 380 640
75 Spinners, weavers 510 404 313
77 Food and beverage processors 128 873 738
79 Dressmakers, machinists 7 236 5 181 8 848
80 Shoe and leather goods makers 1 337 1 208 1 932
97 Packers 152 915 2 527
99 Unskilled workers 2 210 2 323 2 066
================================================================
Total employment in 19 occupational
groups 23 480 30 652 53 240
Total employment of women in
non-agricultural sectors 29 478 35 227 63 078
Employment in 19 occupational groups
as a percentage of total employment
of women in non-agricultural sectors 79.7 87.0 84.4
Sources: Population census, 1960; Registration of
Establishments, 1976 and 1985; and Department of Statistics and
Research.
a/ International Standard Classification of Occupations
(ISCO) code.
Table 12. Average weekly wages, 1981-1989
(Cyprus pounds)
_______________________________________________________________
1981 1986 1989
Men 283 399 485
Women 164 252 316
Difference (percentage) 72.6 58.3 53.5
_______________________________________________________________
ANNEX I
Law No. 158 of 1989 concerning the provision of equal
remuneration to men and women for work of equal value
The House of Representatives enacts as follows:
1. This law may be cited as the Equal Remuneration to Men and
Women for Work of Equal Value Law, 1989.
2. In this law, unless the context otherwise requires:
"remuneration" includes the ordinary, basic or minimum wage or
salary and any additional emoluments whatsoever payable
directly or indirectly, whether in cash or in kind, by the
employer to the worker and arising out of the worker's
employment;
"Industrial Disputes Court" means the labour disputes court
established on the basis of section 12 of Law No. 8 of 1967;
"Inspector" means a person appointed as an inspector on the
basis of the provisions of section 6;
"Work of equal value" means work carried out by men and women
which is of like or substantially like nature;
"equal remuneration to men and women for work of equal value"
means the exclusion of any element of discrimination due to the
sex of the employee in the determination and payment of the
remuneration;
"contract of employment" means any written or oral agreement in
relation to employment which has been concluded between an
employee or a group of employees or their trade union or their
trade unions and an employer or an employer's organization;
"Minister" means the Minister of Labour and Social Insurance.
3(1) Every employer shall provide to men and women employed by
him equal remuneration for work of equal value, irrespective of
the sex of the employee.
3(2) Any employer who contravenes the provision of subsection
(1) of this section is guilty of an offence and shall be liable,
on conviction, to a fine not exceeding two thousand pounds.
4. If a contract of employment includes a provision which is
contrary to the provisions of subsection (1) of section 3 then:
(a) Any term of the contract concerning a woman which is less
favourable than a similar term concerning a man shall be amended
so that it will not be less favourable; and
(b) Any term which benefits the man without corresponding
term being included in the woman's contract, shall be deemed to
be included in the woman's contract as well.
5(1) No person shall be dismissed from his work or subjected in
any way to unfavourable treatment by his employer on the ground
that he has submitted a complaint or has given evidence or has
contributed to the persecution of an offender or the taking of
any other measures on the basis of this law.
(2) Any employer contravening the provision of subsection (1) of
this section is guilty of an offence and shall be liable, on
conviction, to a fine not exceeding one thousand pounds.
6. The Minister shall appoint inspectors under any title he
decides, as well as other officers, in case he deems this
necessary, for the enforcement of this law, who will be under the
supervision and the orders of the Chief Inspector of Factories of
the Ministry of Labour and Social Insurance.
7. The Industrial Disputes Court may appoint a technical
committee in order to assist it in defining work of equal value.
8(1) The Industrial Disputes Court may, after a claim submitted
by a woman employee or after a claim submitted by a trade union
on her behalf, take measures for the removal of an unfavourable
situation against her.
(2) The measures mentioned in subsection (1) of this section, in
case a violation of the provisions of subsection (1) of section 3
is ascertained, may include:
(a) An Order of binding recognition of the rights of the
claimant in relation to the reported discrimination;
(b) Instructions for the taking of measures by the person
against whom the claim is addressed for the termination of the
unfavourable repercussions on the claimant which were caused
because of the reported illegal actions.
(3) Irrespective of the provisions of paragraphs (a) and (b) of
subsection (2), the Labour Disputes Court may award compensation
to the claimant for any damages and real loss suffered by her
from the day the reported illegal actions were caused.
9. This Law shall come into force three years after its
enactment.
NOTE: Table 13 A. Labour Legislation and B. Title of
convention/recommendation are not available.
XIV. ARTICLE 12. HEALTH AND AIDS
341. Health care in Cyprus is provided to all people without
any discrimination. It is provided by both the Government and
the private sector. The private sector is open to those who can
afford to pay privately for their medical care, while the
government sector provides services free of charge or at minimal
fees to all people of the lower economic classes, to refugees, to
the members of the civil service and to some other groups. All
groups together constitute 70 per cent of the population. The
government services comprise 5 district general hospitals, 3
rural hospital, 23 rural health centres and about 150 rural
health subcentres.
342. District hospitals provide mainly secondary and tertiary
care services while rural hospitals and rural health
centres/subcentres have been established to provide the
population of the area with:
(a) Preventive, curative, rehabilitative care;
(b) Dental care;
(c) Maternal and child care, including advice on family
planning, the encouragement of breast-feeding, the proper
nutrition of mother, post-natal and ante-natal care, child
guidance and advice on child care, education and information for
responsible parenthood as well as counselling on contraceptive
methods and devices;
(d) Health education and other preventive programmes.
Obviously the pattern of disease existing in Cyprus requires
intensive health education of the population and adoption of
known
effective preventive measures. The efforts of the Ministry of
Health revolve around the health education of people early in
life before they acquire harmful habits. In order to achieve
this goal the Ministry of Health has properly organized the
School Health Services whose main duties are the prevention of
diseases and the promotion of the health of schoolchildren.
Services offered to schoolchildren include booster doses of
immunization and rubella vaccination of schoolgirls aged 12,
screening for various diseases or abnormalities, lectures on
health problems prevalent at the present time, etc. Health
education is also available to other groups of the population,
such as pregnant women, prospective parents, soldiers and
occupational groups. Some of the educational campaigns are:
anti-smoking, the fight against acquired immunodeficiency
syndrome (AIDS) and hepatitis B, narcotics, the
harmful effects of overuse of alcohol, etc.;
(e) Pharmaceuticals to all those entitled to them.
343. In addition to maternal and child health centres, family
planning services are provided in all maternal and gynaecological
clinics functioning in all district hospitals. These clinics
offer:
(a) Antenatal care, deliver and post-natal care. All
pregnant women are attended during their pregnancy by either a
midwife or an obstetrician. Deliveries take place in a general
hospital or a private gynaecological clinic; home deliveries are
exceptional. A recent health survey revealed that 60 per cent of
pregnant women prefer to be attended by a private obstetrician
who will undertake the delivery;
(b) Treatment of gynaecological diseases;
(c) Screening for cancer of the cervix (pap test);
f&a^ Antenatal screening for thalassaemia, phenylketonuria
and
Down's syndrome;
(e) Sterility treatment, i.e. tubal ligation. It is noted
here that other forms of contraception, i.e., intra-uterine
devices, contraceptive pills, diaphragms, foam spray and condoms,
are not provided by the public sector. The Family Planning
Association, a non-governmental organization, provides at cost
price all contraceptive methods. It also provides sterility and
prenatal counselling, counselling on sex matters, pap tests,
mammograms, etc.
344. In addition to health education, various preventive
programmes have been applied in the fight against diseases that
constituted a health hazard in the past. Such preventive
programmes include:
(a) The echinococcus and malaria programme (complete
eradication of both diseases);
(b) Genetic advice and counselling, in close cooperation with
the paediatric clinics;
(c) Abortions for medical reasons. Until 1974 abortions were
illegal. However, after the Turkish invasion of Cyprus in 1974
and the rape of many women by Turkish troops, abortion was
legalized in the following instances:
(i) When it is proved by the competent police authorities and
wherever possible it is confirmed by a medical
examination
that a pregnancy is the result of rape and if not
terminated it will seriously affect the psychosocial
status of the pregnant woman;
(ii) When the pregnancy if not terminated will affect either
the physical or the psychological health of the mother or
her family or if the foetus is born it will suffer a
severe physical or mental disease.
345. Although official data is not available it is believed
that the broad use of the various contraceptive methods has
significantly limited the number of illegal abortions.
Legalization of abortion is not desirable in Cyprus since it may
further affect negatively the already low fertility rate
observed.
A. Women working in the health sector
346. The employment conditions of women in the health sector
do not differ from those of male employees. There is no sex
discrimination either at the time of employment or in attaining
higher professional posts. The number of women employed in the
health sector is continuously increasing. However, very few
women have obtained higher structural posts, and no woman holds
any managerial post within the health sector, the explanation
being that women pursued higher education at a later date than
men.
347. Women receive their medical education in various
countries abroad as there is no university in Cyprus. The School
of Nursing and the School of Health Inspectors are the only
health-related schools functioning in Cyprus. Women are involved
in various health-related committees such as the AIDS Committee,
the Campaign against Smoking, the Anti-Cancer Committee, the
Anti-Anaemia Committee, the Hospital Welfare In-patients
Committee, etc.
B. Changes in laws related to women's matters
348. Law No. 54/1987 for the Protection of Maternity provides
for mandatory maternity leave of 12 weeks in total of which at
least 2 weeks should be taken before and 6 weeks after
confinement. Every working mother has the right to be absent
from work for one hour per day in order to breast-feed or to take
care of the child. A provision in the law gives specific
protection to women during pregnancy by prohibiting the
employment of women in types of work considered to be harmful to
their health.
349. Law No. 324/87 on Child Allowances provides for a monthly
tax-free allowance per child paid for the third and subsequent
children to families with at least four dependent children below
15 years of age.
C. Initiatives taken in Cyprus to fight AIDS
350. The human immunodeficiency virus (HIV) was first reported
in Cyprus in 1986. By 1988, five cases of AIDS had been reported
and in May 1988 the Ministry of Health with assistance from WHO
drew up a national AIDS programme and developed a short-term plan
for AIDS prevention and control. Under this plan information,
education and communication activities for the general population
and for targeted groups were instituted. In addition, steps were
taken for the strengthening of laboratory services and the
preparation of protocols for sentinental surveys and the
conducting of a knowledge, attitudes, beliefs and practices
study.
351. The following activities took place during the period of
the short-term plan.
Epidemiology
352. During the implementation period of the plan, voluntary,
anonymous reporting of HIV positivity and notifications of AIDS
cases from both the public and private sectors to the National
Focal Point in the Ministry of Health continued satisfactorily.
In 1989, 5,000 sera samples collected at the Thalassaemia Centre
for thalassaemia testing were also tested for HIV and found to be
negative.
353. The requisition forms for voluntary HIV testing were
reviewed and modified in order to provide the surveillance
officers with more appropriate and adequate information. Monthly
epidemiological reports on the HIV infection situation in Cyprus
are prepared for the National AIDS Committee (NAC) and other
policy makers.
Laboratory services
354. The first national workshop on HIV testing, held from 8
to 10 December 1989, was sponsored by WHO and the Virology
Laboratory at the Thalassaemia Centre and attended by 25
laboratory technicians, 15 from the public sector and 10 from the
private sector.
355. HIV laboratory testing was extended to Larnaca District
Hospital, following donation of equipment from the community.
Currently, laboratory testing is performed at the Virology
Laboratory of the Thalassaemia Centre, the Nicosia Blood Bank,
the Larnaca District Hospital Blood Bank and in private
laboratories. The Virology Laboratory serves as the national
reference laboratory, performing supplemental HIV tests. Rapid
HIV testing is available at most blood banks.
356. The immunology laboratory at Makarios Hospital in Nicosia
started performing CD4/CD8 counts immunofluorescence tests for
the clinical management and follow-up of AIDS patients and those
testing positive for HIV.
Health education
357. A number of health education activities took place during
the period of the short-term plan. Below is a brief description
of the major activities:
(a) Media:
f&a^ Two sets of television and radio spots were used on
the
national television and radio network;
(ii) On World AIDS Day, two cartoon spots were shown on
television. Other television programmes were devoted to
the issue of AIDS, including the social aspect. This
included an interview with a mother whose son had died of
AIDS. This had a strong impact on the audience
according to media channels;
(iii) The press was active. Articles and stories were
published on many occasions;
(iv) Other lectures and seminars were presented to members of
the national guard and employees in private companies;
(b) Materials: The Press Information Office in collaboration
with NAC was responsible for printing and publishing leaflets,
pamphlets and posters on AIDS. These were widely distributed.
Electricity bills were used to transmit information on AIDS to
all households;
(c) Schools:
(i) A number of lectures were given to high school students
by physicians and non-governmental organizations.
Schools were involved during World AIDS Day activities;
(ii) A three-day workshop was held in 1989 to inform 30
biology teachers about AIDS and to train them on the use
of a set of slides. This set consists of 38 slides of
different sources including Cyprus and it was put
together by staff of the Ministry of Education. It was
reproduced in 25 copies. Copies of the video Suzi's
Story was made available for teachers to borrow and show
to students;
(d) Family Planning Association: The Association maintained
an active role in providing health education to many
hard-to-reach groups. A major achievement was opening a line of
communication and making contacts with homosexual groups in
Cyprus, of whom a large number belong to the Homosexual Movement.
Training of health personnel
358.The following training activities occurred during the
period of the short-term plan:
(a) A one-day seminar in May 1989 attended by health
educators, teachers, physicians, nurses and other health-care
workers, organized and sponsored by NAC and attended by 100
participants;
(b) The fifth International Seminar on Immunodeficiencies,
held at Nicosia from 9 to 19 November 1989, sponsored by the
Cyprus Society of Allergology and Immunology, covering the
clinical aspects of HIV infection, attended by 200 participants
(physicians and scientists);
(c) The National Workshop on HIV Testing, sponsored by WHO,
from 8 to 10 December 1989, attended by 25 laboratory
technicians;
(d) The National Workshop on Health Education and HIV
Infection, sponsored by WHO, from 11 to 15 December 1989,
attended by 24 participants;
(e) The National Workshop on HIV Infection Counselling,
sponsored by WHO, 11-15 December 1989, attended by 25
participants;
(f) The first National Conference on AIDS, sponsored by
WHO, the Ministry of Health and NAC, on 16 and 17 December 1989,
attended by 120 participants (senior health personnel,
including specialists in sexually transmitted diseases).
359.In addition, six Cypriots attended the WHO Regional
Workshop on Health Promotion and AIDS, Developing Health
Messages, Materials and Pretesting Target Audiences, held at
Nicosia from 6 to 10 November 1989, and one nurse attended the
WHO Regional Workshop on Counselling, held at Cairo in July 1990.
Counselling and testing
360.Counselling services are being developed for both pre- and
post-HIV testing and for the clinical management of AIDS patients
and those testing positive for HIV. In May 1989, a Viral
Infection Unit was established in Makarios III Hospital for HIV
and Hepatitis B testing. HIV testing is provided at all general
hospitals.
Within this unit an AIDS information telephone line has been
established to answer questions regarding all aspects of AIDS or
HIV infection; the phone line is available during clinic hours.
Clinical management
361.In 1988 an AIDS Care Unit was opened within the Internal
Medicine Department at the Nicosia General Hospital. The Unit
offers outpatient and inpatient care for AIDS patients and those
testing positive for HIV. Follow-up counselling for persons with
HIV infection and AIDS is provided by the clinical management
team at the Nicosia General Hospital.
362.The overall objectives of the national AIDS programme in
Cyprus are:
(a) To prevent the transmission of HIV;
(b) To reduce the morbidity and mortality associated with the
HIV infection;
(c) To reduce the social impact of the HIV infection and
AIDS.
363.The National AIDS Committee (NAC) was set up in 1986. The
Committee is an advisory organ advising the Minister of Health on
matters concerning the prevention and control of AIDS. Many
initiatives have been conducted with the help of the Committee,
such as programmes to ensure a safe blood supply, to provide
screening services and to introduce education through lectures
and messages.
364.The Committee comprises 18 members representing the
following agencies:
(a) The Ministry of Health: one administrative officer;
(b) The Medical and Public Health Services: three members
come from the Services. These are the Director of the Services
and two doctors, an epidemiologist and an haematologist;
(c) Other government services, including the Law Office,
represented by a counsel of the Republic, the Ministry of
Education, the Social and Welfare Services and the Secretariat
for Youth;
(d) Professional bodies, including the Cyprus Medical
Association, the Cyprus Dental Association and the Cyprus Nurses
Association;
(e) Non-governmental organizations, including the Family
Planning Association, the Dermatology Society, the Blood-donors'
Coordinating Committee and a private physician.
365.NAC meets once a month. The members are appointed by the
Minister of Health.
366.Legislation that exists in Cyprus covering AIDS is the
Quarantine Law, chapter 260, providing for dangerous infectious
diseases and the Quarantine (Public Health) Regulations issued
under the law:
(a) The Quarantine Law, chapter 260 provides in section 3 the
following:
"3. The Council of Ministers may, by notification to be
published in the Gazette, declare any disease of an
infectious or contagious nature to be a dangerous disease
within the meaning of this Law."
By notification under section 3 of that law published in the
Third Supplement of the Gazette, No. 2155, dated 27 June 1986 as
P.I.184/86, the Council of Ministers declared AIDS, a disease
of an infectious and contagious nature, to be a dangerous
infectious disease within the meaning of the Quarantine Law,
chapter 260;
(b) The Quarantine (Public Health) Regulations provide for
the dangerous infectious diseases as set out in the first
schedule of the regulations. The regulations were amended by
P.I.183/86 published in Gazette No. 2155 dated 27 June 1986 with
the addition of the AIDS disease in the first schedule of the
regulations.
367.There are also certain other provisions which concern any
contagious disease and consequently cover the AIDS disease. Such
provisions are found in the Constitution of the Republic of
Cyprus, the European Convention for the Protection of Human
Rights and Fundamental Freedom and the Criminal Code.
368.The Medical Profession Etiquette Regulations, 1972 are in
force by virtue of section 13 (1) (b) of the Medical
(Associations, Discipline and Pension Fund) Laws, 1967 and 1970
and contain, inter alia (in sects. 9 to 13) provisions regulating
professional secrets.
369.Recommendation No. R(89) 14 of the Council of Europe,
Committee of Ministers, adopted by the Committee of Ministers on
24 October 1989 at the 429th meeting of the Ministers' Deputies,
covers the ethical issues of the HIV infection in health care and
social settings and although it has not been notified, it has a
persuasive effect in Cyprus.
370.Cyprus contributes to World AIDS Day by organizing health
education activities through the media and the press and lectures
and seminars addressed to various groups.
371.Non-governmental organizations contributing to the fight
against AIDS are the AIDS Solidarity Movement and the Family
Planning Association.
Local, social and cultural organizations also contribute to
health education by organizing lectures and discussion panels for
their members and the public.
Table 14. Demographic and health characteristics
of the population of Cyprus, 1986 and 1989
1986 1989
Population of Cyprus 684 200 698 800
Proportion of children below 15
years (percentage) 25.4 25.8
Aged persons over 65 years (percentage) 10.4 10.2
Crude birth rate (percentage) 18.7 18.3
Extramarital births (as a percentage
of total births) 0.6 0.7
Mean age of women at the birth of
their first child (years) 24.3 24.4
Crude death rate (per thousand) 8.9 8.6
Expectation of life at birth
Males 74 73.9
Females 78 78.3
Infant mortality rate (per thousand
live births) 12 11
Crude marriage rate (per thousand) 10.8 9.0
Mean age of men at first marriage
(years) 26.5 26.6
Mean age of women at first marriage
(years) 23.8 23.9
Crude divorce rate (per thousand
population) 0.6 0.6
Maternal mortality rate 0 0
Access to clean water (percentage) 100 100
Sanitary facilities (percentage)
Water closets 97 97
Pit latrines 3 3
Level of immunization 94 99
Rubella vaccination Offered to all Same
schoolgirls aged
11-14 years
Education Obligatory by law Same
until the age of
15 years
Expenditure on health services
(percentage of gross national
product) 4.0 4.8
Persons per doctor 601 482
Persons per dentist 1 659 1 356
Persons per nurse 248 231
Persons per hospital bed 162 166
Hospital beds per nurse 2.0 1.8
Number of beds per 10,000 population 67.4 60.4
XV. ARTICLE 13. ECONOMIC AND SOCIAL LIFE
A. Paragraph (a)
372. The Child Benefit Amendment Law No. 75/91,
substantially
improved the Universal Child Benefit Scheme which was introduced
by Law No. 314 of 1987. Its main provisions are now as follows:
(a) The child benefit is paid for all children of families
residing in Cyprus with at least four dependent children.
Dependent children are classified as:
(i) Children under 18 years of age;
(ii) Unmarried male children between the ages of 18 and 21
who serve in the National Guard;
(iii) Unmarried male children between the ages of 18 and 25
or unmarried female children between the ages of 18
and 23 who attend full-time education;
(iv) Unmarried children who are permanently incapable of
self-support irrespective of age;
(b) The rate of benefit is œ20 per month for every child
payable for 13 months in each year. As a rule, the benefit is
payable to the mother.
373. Through the implementation of the Public Assistance and
Related Services Law, the Welfare Department complies with this
provision. The Law states that public assistance is granted to
every person regardless of sex who lawfully resides in Cyprus and
whose income or financial resources are not adequate for his/her
basic and/or special needs as these are set out in this Law.
Beneficiaries are also eligible to free medical treatment and
allowances for special diet.
B. Paragraph (b)
374. There exists no discrimination against women regarding
the right to bank loans, mortgages and other forms of financial
credit.
375. In considering applications for loans, banks in Cyprus
adhere to and apply generally accepted banking standards and
criteria. Such standards and criteria include the reputation
and character of the applicant, the purpose of the loan, the
applicant's ability to repay the loan and the realizable value of
any security offered. Banks do not lend against security but do
grant loans to a creditworthy borrower for the financing of a
particular purpose or transaction.
376. The above conditions apply to both men and women without
discrimination. Usually, when a married man or a woman applies
for a loan, the bank requires his/her wife/husband to sign as
guarantor. This does not mean in either case that the bank will
necessarily merge the credit rating of both in considering the
approval of the loan or that the signature of husband/wife is
required in order to grant a loan.
377. Both men and women, if they consider that they have been
unfairly treated when applying for a bank loan, are free to refer
any complaint to the bank's senior management for
consideration.
378. The criteria for provision of financial assistance by the
Cyprus Development Bank relate to aspects of project viability
and competitiveness; such assistance is granted to companies
whose shareholders may be male and/or female. The sex of the
shareholders has never been an issue for financial support to
companies.
C. Paragraph (c)
379. Women in Cyprus participate equally in community
councils, community advisory committees and voluntary
organizations. Although women are ensured the same rights as men
concerning membership and participation in youth centres and
institutions, it should be mentioned that women in Cyprus
generally have little free time to participate in recreation
activities because of their social status and the expectation
that their time will be spent fulfilling the role of mother and
wife.
380. Various cultural, educational and recreational activities
are organized by youth centres for all community members
irrespective of sex.
381. As far as the right of women to participate on equal
terms with men in the formulation of government policy and its
implementation and to hold public office, reference should be
made to the following document from the Department of Statistics
and Research dated 27 August 1981:
Posts with scale A15 and over in Government
and semi-government organizations held by
women in 1991
A. Total posts and those held by women
Number Percentage
Total of posts of posts
number currently held currently held
of posts by women by women
Type of public office
Government ministries
and departments 262 22 8.4
B. Government departments in which women hold such posts
Number of posts
1. Official receiver and registrar 1
2. Director of finance 1
3. Senior specialist (in government hospitals) 1
4. Specialists (in government hospitals) 5
5. Director of the General Laboratory 1
6. Senior district judges 2
7. District judges 4
8. Senior counsel of the Republic 6
C. Semi-government departments in which women hold
such posts
Number of posts
1. Director of the Cyprus Tourism Organization 1
Government posts scale A15 and over
Number of posts
Total Females
---------------------------------------------------------------
1. President 1 -
2. Government spokesman 1 -
3. Under-secretary 1 -
4. Directors general 11 -
5. Secretaries (Council of Ministers) 2 -
6. Director General of the House of
Representatives 1 -
7. President of the Supreme Court 1 -
8. Judges of the Supreme Court 1 -
9. Chief Registrar of the Supreme Court 1 -
10. Presidents of District Courts 6 -
11. Senior district judges 8 2
12. District judges 25 4
13. President of the Industrial
Disputes Court 1 -
14. Judge of the Industrial Disputes Court 1 -
15. Presidents of Rent Control Court 2 -
16. President of Court Martial 1 -
17. Deputy President of Court Martial 1 -
18. Attorney-General of the Republic 1 -
19. Deputy Attorney-General 1 -
20. Senior Counsel of the Republic 13 6
21. Auditor-General 1 -
22. Deputy Auditor-General 1 -
23. Chairman of the Public Service
Commission 1 -
24. Members of the Public Service
Commission 4 -
25. Chairman of the Educational Service
Commission 1 -
26. Members of the Educational Service
Commission 4 -
27. Minister of Defence 1 -
28. Minister of Agriculture and Natural
Resources 1 -
29. Minister of Justice and Public Order 1 -
30. Minister of Commerce and Industry 1 -
31. Minister of Labour and Social Insurance 1 -
32. Minister of the Interior 1 -
33. Minister of Foreign Affairs 1 -
34. Minister of Finance 1 -
35. Minister of Education and Culture 1 -
36. Minister of Communications and Works 1 -
37. Minister of Health 1 -
38. Registrar of the Cooperative Society 1 -
39. Accountant-General 1 -
------------------------------------------------------------
Number of posts
Total Females
--------------------------------------------------------------
1. Director of the President's Office 1 -
2. Director of Agriculture 1 -
3. Director of Veterinary Services 1 -
4. Director of Forests 1 -
5. Director of Water Development 1 -
6. Assistant Director of Water Development 1 -
7. Director of Geological Survey 1 -
8. Director of Meterological Services 1 -
9. Director of Land Consolidation 1 -
10. Director of Prisons 1 -
11. Director of Commerce 1 -
12. Director of Industry 1 -
13. Director of Prices Control and Consumers
Protection 1 -
14. Head of Mines Service 1 -
15. Official Receiver and Registrar 1 1
16. Director of Labour 1 -
17. Director of Social Insurance 1 -
18. Director of Welfare Services 1 -
19. District officers 6 -
20. Chief of Police 1 -
21. Deputy Chief of Police 1 -
22. Assistant Chiefs of Police 3 -
23. Director of Town Planning and Housing 1 -
24. Director of Lands and Surveys 1 -
25. Director of Press and Information
Office 1 -
26. Ambassadors 12 -
27. Directors of Finance 6 1
28. Deputy Account General 1 -
29. Director of Customs and Excise 1 -
30. Director of Inland Revenue 1 -
31. Director of the Department of Statistics
and Research 1 -
32. Director of the Department of Stores 1 -
33. Director of the Printing Office 1 -
34. Director of Data Processing Service 1 -
35. Director of Higher and Tertiary
Education 1 -
36. Director of Secondary Technical/
Vocational Education 1 -
37. Director of Primary Education 1 -
38. Director of Secondary Education 1 -
39. Director of the Cultural Research
Centre 1 -
40. Director of Public Works 1 -
41. Director of Antiquities 1 -
42. Director of Civil Aviation 1 -
43. Director of Merchant Shipping 1 -
44. Director of Postal Services 1 -
45. Director of Road Transport 1 -
46. Director of Electrical and Mechanical
Services 1 -
47. Chief Health Officer 1 -
48. Director of Medical and Public Health
Services 1 -
49. Chief Medical Officers 6 -
50. Senior specialists 22 1
51. Specialists 33 5
52. Director of Mental Health Services 1 -
53. Specialists of Mental Health Services 2 -
54. Director of Dental Services 1 -
55. Director of Pharmaceutical Services 1 -
56. Director of the General Laboratory 1 1
57. Principal administrative officers 8 -
-------------------------------------------------------------
XVI. ARTICLE 14. RURAL WOMEN
382. The Permanent Central Agency for Women's Rights has set
up a Special Committee for Rural Women which as a matter of
priority has carried out a comprehensive study in an effort to
identify their problems and put forward suggestions to meet their
needs.
A. Current situation of the Cypriot woman farmer
383. Cypriot women farmers who constitute a numerically
significant part of the population - 17 per cent of the country's
population - participate and contribute considerably to the
development process. This contribution stems especially from the
following:
(a) Their participation in the economically active population
amounts to 15 per cent of the total, out of which 68 per cent is
engaged in agriculture. Women farmers constitute 25 per cent of
the female labour force nationwide;
(b) Women constitute 57.5 per cent of those engaged in
agriculture. This can be explained in part by the part-time
engagement of the farming family in agriculture, and the fact
that one member of the family, usually a man, seeks outside
employment, usually in the urban areas. In this way women
farmers stay behind and take over responsibility for the farming
activities. From this participation of the women farmers in
agriculture it can be said that they contribute equally to both
agriculture and the animal farming sector. Further it was found
after relevant investigation of 14 agricultural activities that
women farmers participate actively in all activities, and indeed
in several of them they hold exclusive responsibility. The
Cypriot woman farmer's contribution to agriculture is remarkable
more so when one takes into account that the farming sector
constitutes one of the fundamental components of the development
of the Cyprus economy. Farming today accounts for 7.5 per cent
of the gross domestic product;
(c) Their important contribution to the family income is
something more than 50 per cent. This is mainly attributed to:
(i) their engagement in farming; (ii) their significant
contribution to the production/processing of foodstuffs
(activities which contribute in addition to the increase of
farming income of the farming family, to the improvement of its
diet), handicrafts and other activities; and (iii) to their
purely non-farming occupations;
(d) Their responsible position within the family where they
undertake alone the task of raising their children and performing
all kinds of household chores with minimal help from the husband.
384. In spite of the vital contribution of women farmers to
agricultural production, the family, rural development and the
national economy in general, nevertheless, they live under
conditions which make it hard for them and have an adverse effect
on their efficiency at work. Important factors include:
(a) The multiple roles and the peculiar circumstances under
which they are executed (in farming, ill-defined working hours
and non-existent vacations and holidays, and at home the hard
nature of the rural household, with limited access to modern
appliances;
(b) The traditional views and prejudices which are more
intense in the rural areas and especially within the rural
family, which effect in a negative manner their way of life;
(c) The ill-perceived recognition of their important role in
agriculture, where males are usually considered the main
productive power;
(d) The comparatively limited, in relation to the urban
areas, existence and provision of services and programmes and the
absence of facilities in their fields of work (health centres,
pre- elementary age children, day-care centres, special training
programmes for women farmers);
(e) Their low educational level, accounting for the largest
percentage of illiterates nationwide (23 per cent for women
farmers vis-a`-vis 12 per cent for women living in urban areas).
Illiteracy is higher, of course, among elderly women.
385. All of the above-mentioned situations can be considered
as the main causes accounting for the problems of women farmers.
386. While it can be said that within the institutional
framework in general there is no discrimination against women
farmers, who enjoy the same privileges and treatment as men
(e.g., they have the right of participation in various
associations, the right to land ownership, to credits, to loans,
to participation in the programmes of rural development), in
actual fact, however, habits, traditions and social
preconceptions regarding the roles of women farmers lead to some
forms of discrimination at their expense which in the long-term
effect negatively their position in the development process. The
Special Committee for Rural Women, in the process of conducting
its study, identified specific cases which have to come under the
heading of discrimination against women
farmers. As such can be mentioned mainly those connected with:
(a) The incomes of women farmers, those belonging to the
farming labour force (wage-earners), where they receive lower
wages in comparison to men farmers (e.g., the hourly wage rate
for women farmers is œC 1.77, according to data supplied by the
Statistics Department in 1989);
(b) The Social Security Scheme, which does not cover women
farmers engaged in agriculture (except certain very limited
cases) because their job is not considered as insurable.
387. All the above-mentioned cases have resulted in women
farmers appearing to be neglected, at the sidelines of
developments, living in conditions of dependency and generally to
be in a disadvantageous position compared with other sectors of
the population. More specifically, these negative situations not
only affect the quality of life of women farmers but also their
efficiency in their multiple roles, and have the following
result:
(a) Their working hours are long; they have very little free
time and very limited recreation;
(b) Their participation in the various programmes of
agricultural/rural development is negligible and at the decision-
making level almost non-existent;
(c) The care of small children is mainly their
responsibility;
(d) The channelling of modern technology in their work cycle
is very limited whereas in agricultural matters this is
channelled to them through their men (husband, father, etc.);
(e) Women farmers, especially as women and mothers, face
problems and are subjected to hardships on issues of medical care
and conditions of health maintenance for themselves and their
children;
(f) Women farmers are deprived of the right to enjoy the
benefits given to other working women (pensions, etc.) especially
benefits related to motherhood.
388. From the comprehensive review of the current position of
Cypriot women farmers, it appears that there is a close
interrelationship of sectors related to rural development, as
well as the necessity to provide them with every possible help
and protection. Every effort to improve the lot of Cypriot women
farmers contributes not only to the qualitative improvement of
the life of these women but also to broader socio-economic
sectors related to the strengthening of agricultural sector,
increasing its contribution to the gross domestic product (15.7
per cent in 1975, 10 per cent in 1980, 7.9 per cent in 1985, and
7.2 per cent in 1990), encouraging young persons to be engaged in
farming (80 per ion, the children will bear the surname of the
father. Children born outside marriage take the mother's surname
as a matter of normal practice.
482. The patriarchal authority institutionalized by the
previous legislative arrangements has been abolished and
"parental care" for underage children set in its place. This
care is both the duty and the right of the parents, who exercise
it jointly, and it covers everything relating to the guardianship
of the children, the administration of their property and their
representation in each case or legal act concerning them or their
property.
483. The new family law lays down expressly that:
"Each decision of the parents concerning the exercise of
parental care must have the interests of the child as its
objective. Court decisions must also be aimed at the best
interests of the child and must respect the equality of the
parents, making no distinction as to sex, race, language,
religion, political or other convictions, nationality,
national or social origin or financial position."
484. According to the maturity of the child, his/her opinion
may be requested or taken into consideration before the issuing
of any decision concerning parental care, if the decision
involved the child's interests.
485. In cases of disagreement in the course of the exercise of
parental care, the court will decide if the interests of the
child impose a need for a decision to be taken. If the parents
are separated or their marriage has been dissolved by divorce or
annulment, the exercise of parental care will be determined by
the court and may be assigned to one or to both parents, if they
agree.
486. The parent to whom the exercise of parental care has not
been assigned has the right of personal communication with the
child.
487. If one of the parents has deceased or is unable for real
reasons to care for the child, parental care will be exercised by
the other parent alone.
488. In the case of children born without marriage between the
parents, parental care will also be exercised by the mother while
the child is a minor and by the father if the child is freely or
judicially recognized.
489. Custody of the person of the child includes, in
particular, his/her upbringing, supervision, training and
education and fixing of the place of residence.
490. In all cases of divorce the court can award parental care
to one of the parents, to both of them if they decide where the
child is to live, or even to a third party.
491. The criteria considered by the court in awarding parental
care of the children are as follows:
(a) The best interest of the child - this is always the
paramount consideration;
(b) The bond between the child and each of the parents and
brothers and sisters;
(c) Any agreements which may have been reached between the
parents relating to the custody of the children and the
administration of their property.
492. Decisions regarding the custody of children may be
altered at any time on the application of one parent or both
parents or the Director of Welfare if the real conditions on the
basis of which it was issued have changed.
493. According to the new law both parents decide jointly on
the upbringing of the child. However, the fundamental principle
established by the new law is that parents are obliged to bring
up their children without discrimination by sex. The law also
demands that the efforts of parents in bringing up their children
should be directed at developing their children's personalities
and endowing them with a sense of responsibility and membership
of the community.
C. Children born out of wedlock
494. A new law No. 187/91 on the Legal Status of Children Born
Out of Wedlock was pursued in order to give effect to the
provisions of the relevant European Convention which had been
ratified by law No. 50/79.
495. According to the provisions of this law, the legitimation
procedures have been simplified with the aim to facilitate
children born out of wedlock (the term illegitimate children is
also abolished) to be freely or judicially recognized and
therefore to be afforded the same rights and responsibilities as
the other children born within the marriage.
D. Birth control
496. There is no restriction on the number of children which
the couple may have.
E. Fertility
497. The long-term trend of fertility has been declining.
From 1970 onwards, the total fertility rate decreased gradually
until 1973 and dropped further to a level below replacement in
1975 as a consequence of the Turkish invasion. There was a
reversal in the trend thereafter and the total fertility rate
increased to reach a peak of 2.5 in 1982. Since then there has
been a decrease in the total fertility rate and a resumption of
the longer-term declining trend.
498. The fertility behaviour within the child-bearing ages has
also changed over the years. In the 1960s maximum fertility was
in the 25-29 age group with a significant contribution of the
ages above 30. In the 1970s there was a gradual shift to
somewhat earlier fertility with maximum fertility in the broad
age group 20- 29. In the 1980s there was a further shift to
earlier fertility with the contribution of the 20-24 age group
higher than the 25-29 age group.
499. The mean age of women at birth of their first child
increased during the 1980s from an average of 23.9 in the period
1980-1983 to 24.5 in the period 1987-1990.
500. The proportion of third births to the total number of
births increased from 14.9 per cent in 1970 to 18.8 per cent in
1989 and reached 25.3 per cent in 1990.
F. Abortion
501. Abortion is a criminal offence punishable with
exceptional severity in the Cyprus Criminal Code.
502. Abortion is permitted in certain cases as provided by
article 169A of the Criminal Code, which reads as follows:
"169A. Notwithstanding the provisions of sections 167, 168
and 169, a person shall not be guilty of the offences
provided thereunder when the pregnancy is terminated by a
medical practitioner registered in accordance with the
provisions of the Medical Registration Law:
"(a)Following a certification by the competent police
authority, confirmed by medical certification, whenever this
is possible, that the pregnancy has been brought about by
rape and under circumstances which, if it were not
terminated, would seriously jeopardize the social status of
the pregnant woman or that of her family;
"(b)Following the opinion of two medical practitioners,
registered in accordance with the provisions of the Medical
Registration Law, that they are of the opinion, formed in
good faith, that the continuance of the pregnancy would
involve risk to the life of the pregnant woman, or that
mental or psychological injury would be suffered by her or by
any existing child thereof, greater than if the pregnancy
were terminated, or that there is a substantial risk that if
the child were born it would suffer form such physical or
psychological abnormalities so that it would be seriously
incapacitated."
503. Although official data is not available it is believed
that the broad use of the various contraceptive methods have
significantly limited the number of illegal abortions.
G. Adoption
504. A new bill on the adoption of children is in the
process aiming, inter alia, at bringing our legislation in line
with the provisions of the European Convention on the Adoption of
Children, which the Government of Cyprus intends to sign.
505. Among the various amendments to be introduced by the
new law is the abolition of ecclesiastical adoption procedure
which under the existing law is a prerequisite for the completion
of the adoption procedure. It will also include provisions
regarding the placement of the child for adoption either by the
Department of Welfare or directly by individuals and information
on the adopted child regarding its origin and natural parents.
506. It will also abolish sex restrictions applied to those
wishing to adopt. Article 4(2) of chapter 274 reads as
follows:
"An adoption order shall not be made in respect of an infant
who is a female in favour of a sole applicant who is a male,
unless circumstances which justify as an exceptional measure
the making of an adoption order."
This article will be replaced by another which will provide
generally that a single woman as well as a single man will be
entitled to adopt a child when there are special circumstances.
H. Name
507. There is no legal provision in Cyprus obliging women on
marriage to take the surname of their husbands. Therefore
marriage does not automatically alter the surnames of the
spouses. But in practice women take the surname of their
husbands and regain their family surname only on the dissolution
of the marriage by divorce.
508. It is becoming more common for women to use their
family names after marriage or to append their husband's surname
to their own.
I. Occupation
509. As regards the free choice of occupation there is no
legal provision restricting this right. On the contrary, the
right to work is safeguarded by the Constitution regardless of
sex.
510. However, women are frequently compelled by family
commitments and social prejudices to restrict, break off
temporarily or stop work entirely.
J. Property rights
511. There are no restrictions by sex on the right to enjoy
or dispose of property on the part of men and women, irrespective
of their marital status and of the cause by which they acquire
the property. During marriage each spouse, regardless of sex,
retains his/her autonomy over property.
K. Minimum age for marriage
512. Both partners must have attained the age of 18 years
for a marriage to be conducted. If either one or both of the
parties to the marriage are under 18 but over 16 years of age,
the marriage may take place only with the written consent of the
parents or guardian. If there is no such consent the marriage
shall be declared null and void.
513. The subsequent annulment may be lifted if those
exercising parental care grant their consent or if the spouse, on
attaining the age of 18, recognizes the marriage.
514. All marriages, civil or religious, celebrated in Cyprus
are registered.
L. Marriage/divorce rates
515. The crude marriage rate, averaged over four-year
periods to remove the leap-year effect, recorded a decrease
during the last decade, but remains high by European standards.
The mean age at first marriage has been increasing for both
females and males. It reached 24.0 for females and 26.8 for
males in the period 1987- 1990.
516. The number of divorces has also been increasing. The
total divorce rate which shows the number of marriages that are
expected to end in divorce increased significantly during the
last decade, from 41.6 per thousand in 1980, to 55.8 per thousand
in 1985 and 72.8 per thousand in 1990.
-----