Indicator history

Close Window

Is racial discrimination defined in national law?

Key Area:
Anti-discrimination Legislation & Implementation
Racism, Discrimination
09/01/2012 - 22:44
Short Answer


Qualitative Info

Yes, it is in conformity with the ICERD, which was ratified in 1967 and became part of the Cypriot legal order by virtue of Law  Ν. 12/1967 entitled :The Convention on the Elimination of All Forms of Discrimination (Ratification) Law, as amended by Laws 11/92, 6(III)/95 and 28(III)/99. Thus the definition of racial discrimination contained in article 1(1) of the ICERD is since 1967 part of the Cypriot legal order, with superior force over national legislation.

Another definition of racial discrimination, less wide and far reaching than the above definition of the ICERD, is found in the Equal Treatment (Racial or Ethnic Origin) Law No. 59(I) /2004 (31.3.2004) which (more or less) transposes the Racial Equality Directive. This definition replicates the wording of the Racial Equality Directive. Thus, direct discrimination is defined (in art. 2 of the said law) as “[L]ess favourable treatment afforded to a person due to his/her racial or ethnic origin than the treatment afforded to a person in a comparable situation”. Indirect discrimination is defined (again in art. 2 of the said law) as an apparently neutral provision, criterion or practice that would put persons of a specific racial or ethnic origin at a particular disadvantage compared with other persons unless the provision, criterion or practice in question is objectively justified by a legitimate aim and the means are proportionate and necessary.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Asylum seekers
Type (R/D) Islamophobia, Afrophobia, Religious intolerance, Nationalism
Key socio-economic / Institutional Areas Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Media, Sport, Political discourse -parties - orgs, Anti-racism, Daily life, Religion
External Url