Cyprus - 2012
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes, there are provisions in the legislation. No, they are not applied in practice. |
| Qualitative Info |
The Court has power to award compensation to victims of discrimination, however no case has been presented in Court claiming compensation for discrimination on the ground of race/ethnic origin under the laws transposing the equality Council Directives. This is attributed to a variety of reasons, mostly related with lack of awareness of the anti-discrimination laws and procedures by both victims and lawyers, lack of faith in the judicial system, lack of legal aid etc. Only one case was ever presented in Court claiming compensation for discrimination and this concerned an age limit in a job advertisement, i.e. age discrimination (Avgoustina Hadjiavraam v. Cooperative Credit Corporation of Morphou, Appeal No. 287/2008, dated 11 July 2011). Relying on ECJ rulings, the Court awarded compensation of only 1500 Euros, representing three salaries, as the applicant would not have been hired anyway, even in the absence of the age discrimination, because the other candidates were better qualified. The Equality Body has no power to award compensation. |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability |
| Type (R/D) | Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief |
| Key socio-economic / Institutional Areas | Employment - labour market, Housing, Health and social protection, Education, Anti-discrimination, Anti-racism, Religion |
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