Introduction

AuthorPavlou, Vera
Pages5-6
5
1 Introduction
1.1 Basic structure of the national legal system
Cyprus is a unitary presidential republic. Until 1960, when Cyprus became independent,
the legal system was based on the English legal system, which applied the princip les of
common law and equity. Following in dependence in 1960 the E nglish legal system was
largely preserved. Currently, the following laws are applicable: t he Constitution, the laws
in force under Article 188 of the Constitution, the principles of common law and equity and
the laws enacted by the Parliament. With the accession to the EU, the Constitution of
Cyprus was amended to incorporate the supremacy of EU law over national law.
1.2 List of main legislation transposing and implementi ng the directives
Law 205(I)/2002 on equal treatment between men and women in employment and
vocational training, implements Directive 2006/54/EC.
Law 100 (I)/1997 on the Protection of Motherhood, implements Directive 92/85/EEC
(although not explicitly, in the sense that th ere is no provision in the law stating that it is
an implementing measure of Directive 92/85/EEC).
Law 177(I)/2002 on equal pay betwe en men and women for equal work or w ork of equal
value, implements EU equal pay provisions.
Law 47(I)/2012 on parental leave and leave on force majeure grounds, implements
Directive 2010/18 on parental leave.
Law 59(I)/2010 on Social Insurance, implements provisions on social security (alth ough
not explicitly, in the sense th at there is no provision in the law stating that it is an
implementing measure of EU legislation).
Law 18(I)/2008 on equal treatment between men and in women in a ccess to goods and
services and their provision, implements Directive 2004/113.
Law 117(I)/2017 on the protection of paternity, contains provision s on paternity leave.
Law 42(I)/2004 on combating racial and other forms of discrimination (Equality Body)
implements Directive 2000/43/EC. Although this law does not cover sex, pursuant to
Article 17A(2) of Law 205(I)/2002 on equal treatment between men and women in
employment and vocational train ing, the powers of the equality body under Law
42(I)/2004 are also applicable when investigating sex discrimination comp laints.
1.3 Sources of law
The main sources of gender equality law are the Constitution, EU legislation and case law,
national law and ratified international treaties. Provisions on gender equality might also
be included in collective agreements. The equality body produces reports and opinions
following the examination of complaints and on the basis of investigations it carries out on
its own initiative. If the equality body finds that there is unlawful discrimination, it has the
power to impose a fine and/or issue a recommendation (A rticle 17(1) Law 42(I)/2004 on
combating racial and other forms of discrimination). A ‘recommendation is a misnomer in
this case because the equality body’s recommendations are binding. The recommendations
can include requests to the public or private entity responsible for the discrimination to
take practical m easures, within a specific timeframe, t o remedy and avoid the repetition
of the discriminatory treatment or action. The equality body can only issue binding
recommendations after consulting all parties involved. The follow-up to the binding

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