Implementation of central concepts

• Author: Pavlou, Vera
• Pages: 8-15

8

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limit s of central concepts of gender

equality law

In March 2018, the Committee on Gender Equality in Employment and Vocational Training

of the Ministry of Labour published the study ‘Cypriot law and case law: Sexual harassment

and the protection of motherhood’.2 The study gives an ove rview of EU and domestic

legislation on sexual harassment at work and the protection of motherhood. The study

aims to raise awareness and disseminate information to inter ested parties and the public

but does not discus s any limits of the legal definitions or problems with the practical

implementation of sex equality concepts in national law.

3.1.2 Other issues

The notions of multiple and intersectional discrimination have yet to be introduced in legal

discourse in Cyprus. The same goes for the specific problems of transgender, intersex and

non-binary persons. Indirect sex discrimination and positive action measures, while

formally included in legal instruments, have not yet been sufficiently discussed by the

judiciary.

3.1.3 General overview of national acts

Law 205(I)/2002 on equal treatment between men and women in employment and

vocational training implements Directive 2006/54/EC.

3.1.4 Political and societal debate and pending legislative proposals

In 2017, the Ministry of Justice prepared a legislative proposal on l egal gend er id entity

recognition;3 two years later, the legislation is still pending in the House of

Representatives. This legislation, once approved, will in troduce the right to modify one’s

name and sex in identity documents (national ID cards, passports and other documents)

so th at they correspond to that person’s gender identity. Medical gender reassignment

procedures will not be a prerequisite to exercise the right.

3.2 Sex/gender/transgender

3.2.1 Definition of ‘gender’ and ‘sex’

The notions of gender and sex are not defined in national legislation. The difference

between the notions of ‘gender’ and ‘sex’ are discussed in scholarly and public debates in

Cyprus.4 In these discussions sex ( ) is understood to encompass the

biological features used to distinguish between men and women, while gender (

) refers to socially constructed differences between men and women that are

2 Committee on Gender Equality in Employment and Vocational Training (2018), ‘Cypriot law and case law:

sexual harassment and the protection of motherhood’, (   :   

      ), March 2018, available at

http://www.eif.gov.cy/mlsi/dl/genderequality.nsf/5A8EA302041882A1C22579BA00371ABC/$file/KYRPIAKH

%20NOMOTHESIA%20KAI%20NOMOLOGIA.pdf.

3 In Greek:    .

4 For example, Pilavaki, A. (Committee on Gender Equality in Employment and Vocational Training) (2010),

‘The gender dimension of the labour market in Cyprus and in Europe’, (    

     ), November 2010.