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Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

Code:
RED4
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination
10/01/2012 - 03:32
Short Answer

Yes

Qualitative Info

The nationality exemption of the Council Directives was transposed in the national laws. However the Equality Body has an enlarged mandate, going far beyond the  minimum requirements of article 13 of the Racial Equality Directive. Thus the  Combating of Racial and other forms of Discrimination (Commissioner) Law N. 42(I)/2001 which sets out the Equality Body's mandate covers nationality by implication, since it gives the Equality Body the power to investigate complaints on all grounds covered by conventions ratified by the Republic of Cyprus (Articles: 3(1)(a);  3(1)(b); 5(a)). Nationality is a protected ground in Protocol 12 to the ECHR, ratified by  the European Convention for the Protection of Human Rights and Fundamental Freedoms (Twelfth Protocol) (Ratification) Law N.13(III)/2002, which renders nationality as one of the grounds covered by the mandate of the Equality Body. There are several Equality Body decisions criticising nationality discrimination in access to goods and services, employment and access to economic and social rights.

Groups affected/interested Migrants, Refugees, Muslims, Asylum seekers
Type (R/D) Afrophobia, Arabophobia, Nationalism
Key socio-economic / Institutional Areas Education, Sport, Anti-discrimination, Daily life
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