Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Pavlou, Vera
• Pages: 40-43

40

11 Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1 General (legal) context

11.1.1 Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no recent studies examining specific difficulties for victims of gender

discrimination in accessing redress.

11.1.2 Other issues related to the pursuit of a discrimination claim

In a small society such as Cyprus, access to courts to complain against gende r-based

discrimination, especially if harassment or sexual harassment is involved, is not very

common due to social stigma and fear of detriment despite the existence of legal protection

against victimisation. Lack of awareness of rights is also an important obstacle to pursuing

a claim against discrimination.

The reversal of the burden of proof concerning discrimination claims h as been important

in improving access to redress.

11.1.3 Political and societal debate and pending legislative proposals

There are no pending legislative proposals.

11.2 Victimisation

Article 17(1) of Law 205(I)/2002 provides that, in addition to any compensation, dismissal

is absolutely void, as well as any detrimental change in the working conditions of the

employee wh o has made a complaint or protest aimi ng at the implementation of equal

treatment, or the employee who has parried or denounced se xual harassment. Article

17(2)(a) provides that it is against the law to reject a candidate for a job or for professional

orientation, education, or training because she has complained about discrimination or

sexual harassment. Article 17(2)(b) provides that a trainee is protected against

detrimental t reatment due to filing a complaint. Article 17(4) states that the provisions

are also applicable to any person who h elped the worker or candid ate to file a complaint

or protest in any way, including giving judicial or extra-judicial testimon y.

11.3 Access to courts

11.3.1 Difficulties and barriers related to access to courts

The general concerns a ssociated with lit igation – length and costs of the proceedings –

apply to Cyprus. Third-country national workers filing a complaint against their employers

must do so with the Immigration Authority and this can be a major obstacle in complaining

in the first place due to the fear of deportation. The equality body has i ssued two reports

documenting specific barriers that migrant domestic workers fa ce in filing complaints

against their employers including for harassment and sexual harassment .25

25 Equality body (2013), Report on the status of domestic workers in Cyprus (Nicosia, 2 July 2013a); Equality

body (2010), Report on the procedure of labour dispute settlement between migrant workers and their

employers (Nicosia, 12 March 2010).