Overall assessment

AuthorPavlou, Vera
Pages44-44
44
12 Overall assessment
Overall, Cyprus has fully transposed the EU gender equality acquis; on man y occasions,
EU directives have been transposed verbatim. EU accession has been a decisive turning
point in the legal protection of gender equality in Cyprus. However, there seem to be
difficulties in progressing from a mere prohibition of discrimination to substantive equality.
Another issue is t he lack of understanding of t he concept of indirect discrimination. The
scarcity of targeted empirical studies makes it difficult to assess the impact of gender
equality law in practice.
The following transposition problems were mentioned in this report:
1. Positive action
Although positive action is legally allowed as an exception to the non-discrimination
principle to comply w ith EU law no positive action measures have been effectively
designed. The promise is there, bu t the potential is completely underutilised sinc e no
concrete positive action measures have been adopted.
2. Limited understanding of the concept of indirect discrimination
Courts have had limited opportunities to engage with cases of indirect discrimination; the
few judgments that exist show a lack of understanding of the concept a nd its application.
3. Migrant domestic workers
An issue of considerable concern in Cyprus is that of the legal treatment of w omen on a
migrant domestic worker visa who make up the majority of third-country national workers
in Cyprus. The legal and policy framework governing the conditions of entry, stay and
work of migrant domestic workers is highly problematic and falls short of national and EU
law requirements, including those on gender equality. Although gender equality law and
most EU labour law sources clearly apply to domestic workers including migrants, the
relevant legal and policy framework in Cyprus is not in compliance and must be reviewed.
4. Gaps in the protection of transgender, intersex and non -binary persons
There is no legal recognition of gender identity. A draft law to establish this right has been
pending for more than two years.
5. Gender-based violence
Cyprus maintains reservations on the binding force of three articles of the Istanbul
Convention.

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