Compliance and enforcement aspects (horizontal provisions of all directives)

AuthorPavlou, Vera
11 Compliance and enforcement aspects (horizontal provisions of all
11.1 General (legal) context
11.1.1 Surveys and reports about the particular difficulties related to obtaining legal
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).

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