LGBT rights in Cyprus

LGBT rights in Cyprus Cyprus

Location of  Cyprus  (dark green)

– in Europe  (light green & dark grey)
– in the European Union  (light green)  –  [Legend]

Same-sex sexual activity legal? Legal since 1998,
age of consent equalized in 2002
Gender identity/expression –
Military service Same conditions apply for both straight and gay males to define whether it is compulsory for them to serve the two-year military service
Discrimination protections Sexual orientation and gender identity protections (see below)
Family rights
Recognition of
relationships		 No recognition of same-sex couples
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Cyprus may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Cyprus, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

In Cyprus, the socially conservative Eastern Orthodox Church has a significant influence over public opinion when it comes to LGBT-rights. However, ever since Cyprus sought membership in the European Union it has had to update its human rights legislation, including its laws regarding sexual orientation and gender identity.

Law regarding same-sex sexual activity

Under most of post pagan Roman and later under Byzantine rule homosexuality was a crime. Male and female homosexuality was illegal in Cyprus when ruled by the Ottoman Turks between 1571-1858. Male homosexual conduct only (not lesbianism) was a crime from 1889 when Cyprus became a British colony, and thus like the British law against buggery it was technically silent about female homosexuality or lesbianism. In 1960, Cyprus became a fully independent nation from Britain but still "maintained" the old buggery laws.

Then in 1993, a Cypriot architect named Alexandros Modinos, active in gay rights since 1979, and in 1987 the founder and subsequently President of AKOK,[1] the "Cypriot Gay Liberation Movement", won Modinos v. Cyprus under the European Convention on Human Rights, that ruled that Section 171 of the Criminal Code of Cyprus violated his right to have a private life.

Despite the legal ruling, Cyprus did not formally revise its criminal code to comply with the ruling until 1998, when failing to do so meant losing membership in the European Union. Even then, the age of consent for homosexual conduct was set at eighteen, while that for heterosexual conduct was at sixteen. Aside from the unequal age of consent, the revised criminal code also made it a crime to "promote" homosexuality, which was used to restrict the LGBT-rights movement.

In 2000, the discriminatory ban on "promoting" homosexuality was lifted, and the age of consent was equalized in 2002. Today, the universal of consent is seventeen years of age.[2] Sexual conduct that occurs in public, or with a minor, is subject to a prison term of five years.

The Cyprus military still bars homosexuals from serving, believing that homosexuality is a mental illness. Gay sexual conduct is also, technically, still a crime under military law; the term is 6 months in a military jail although this is rarely, if ever, enforced.[3]

In the Turkish Republic of Northern Cyprus (that part of Cyprus occupied since the Turkish invasion of Cyprus in 1974) Turkish Cypriot deputies passed an amendment on Monday, January 27, 2014 repealing a colonial-era law that punished homosexual acts with up to five years in prison by a new Criminal Code. It was the last territory in Europe to decriminalise sexual relations between consenting, adult men. In response to the vote, Paulo Corte-Real from the International Lesbian, Gay, Bisexual, Trans and Intersex Association, a rights advocacy group said that "We welcome today's vote and can finally call Europe a continent completely free from laws criminalising homosexuality".[4]

Recognition of same-sex relationships

The current law of Cyprus only recognises marriage as a union between one man and one woman. There is no official recognition of either same-sex marriages, civil unions or domestic partnerships.

In 2010, the Permanent Secretary at the Cypriot Interior Ministry, Lazaros Savvides, indicated that the government would begin examining the issue of whether same-sex marriage should be made legal in the country.[5]

This was followed in 2013 by an announcement by the Interior Minister, Eleni Mavrou, that her officials were working on a parliamentary bill proposing the creation of civil partnerships, rather than extending the right to marry to same sex couples.[6] The government subsequently accepted the draft bill.[7] In March of that year, the newly elected president Nicos Anastasiades and his government reaffirmed their support for the bill.[8] In November the Interior Minister, Socratis Hasikos, confirmed that the bill remains on the Government's agenda, with a draft prepared and sent to other Ministries for review. The intention is to hold a parliamentary vote in April 2014.[9] As of June 2014, the bill had still not been submitted. According to the Ministry's Permanent Secretary, Constantinos Nicolaides, the bill should have been completed in April, but it is still being drafted.[10] In July 2014, Interior Minister Socratis Hasikos clarified that a proposed bill would need consensus from all parties before moving forward. He has given all parties a copy of the bill and has asked that they study it in time for a second meeting in September. Hasikos stressed that he will not hold a vote until he is sure all parties are in favor.[11]

In March 2014, the head of the Orthodox Church in Cyprus, Archbishop Chrysostomos signalled his opposition to plans to introduce either civil partnership or marriage rights, urging churches to take a stand against homosexuality and accusing secular governments of “weakening moral integrity” through acknowledging equal rights to homosexuals: “When, for example, governments legalise not only plain civil partnership but ‘homosexual marriage’, the Church must be unequivocal in condemning homosexuality.”[12]

Discrimination protections

Since 2004, Cyprus has implemented an anti-discrimination law (Equal Treatment in Employment and Occupation Law 2004) that explicitly forbids discrimination on the basis of sexual orientation in employment.[13] The law was designed to comply with the European Union's Employment Framework Directive of 2000. No prosecutions of gays have been brought since this new law was implemented.

In 2010 reports were made about an openly gay Cypriot diplomat who was denied a posting abroad because his "flaunting of his vices" was considered a liability. In the same case there were reports of mobbing and harassment.

In 2013, the penal code was amended to include sexual orientation and gender identity thus criminalising all discrimination against them. In the northern part of Cyprus, discrimination protection was brought in by a law change in the Criminal Code along with the vote for the legalisation of homosexual conduct on January 27, 2014.[14][15]

Living conditions

In 1996, a criminal trial against Father Pancratios Meraklis, who was accused of sodomy, caused serious rioting that stopped the proceedings. Meraklis had been regarded as a possible bishop, but was blocked by then Archbishop of Cyprus, Chrysostomos I of Cyprus, who believed Meraklis to be homosexual and that AIDS could be spread through casual conduct.[16] These comments irked public health officials and more open-minded Cyprus citizens.

In 2003 a twenty-eight-year-old Cypriot man was barred from getting a driver's license because he was regarded as "psychologically unstable." The man had been discharged from the military for homosexuality, which the military classifies as a mental illness.[17]

The "gay scene" continues to grow in Cyprus. Bars and clubs are found in 4 cities, including Different, and gay-friendly Kaliwas Lounge in Paphos; Alaloum, Escape, and Jackare in Limassol; Secrets Club in Larnaca and gay-friendly establishments such as Novecento, Ithaki and Svoura in Nicosia.

HIV/AIDS

The pandemic came to Cyprus in 1986, and since then has had a few hundred of people living with HIV/AIDS.

The government regularly tests pregnant women, drug users, National Guard troops and blood donors.[18] In a 2001 report to the United Nations, the government broadly mentioned various efforts it had undertaken to fight the disease.[19] All non-EU foreigners seeking work and living permit on island need to made test on HIV, Hepatitis B & C, Syphilis and Tuberculosis and if result is positive the permit will not be granted.

In 2004 the Ministry of Health published a report on the HIV/AIDS pandemic in Cyprus.

LGBT rights movement in Cyprus

In 1987–88 the Cypriot Gay Liberation Movement (AKOK, or Apeleftherotiko Kinima Omofilofilon Kiprou) was created. As a LGBT rights organisation in the nation it has been successful in helping to repeal the civilian criminal prohibitions regarding homosexuality.

Gay Flag in Cyprus

In 2007, Initiative Against Homophobia was established in Northern Cyprus to deal with the rights of Lesbian, Gay, Bisexual, Transgender and Queer LGBT people in Cyprus north. On 25 April 2008, the initiative presented a proposal regarding the revising of criminal law to the head of Parliament Fatma Ekenoglu.[20] In 2010 representatives of ILGA-Europe presented the proposal to head of parliament Hasan Bozer. However, no action has been taken on the proposal and people continued to be arrested with claim of unnatural sex. During well known Sarris court case in October 2011, Communal Democracy Party (TDP) presented the same proposal to the parliament with demand of urgent discussion to end criminalisation of homosexuality in Cyprus north. Since March 2012, Initiative Against Homophobia continues its activities with name Queer Cyprus Association.

Accept - LGBT Cyprus is the only officially registered organisation in Cyprus dealing with an LGBT agenda since September 8, 2011. It has the support of several concerned citizens, assisted by various interested NGOs, the European Parliament and foreign Embassies operating in Cyprus. The organisation has also had at times assistance from local municipalities and often had events held under the auspices of local city mayors.

Accept - LGBT Cyprus organised the first ever Cyprus Pride Parade on the island on 31st of May 2014. The Parade was a unexpectedly very successful with over 4500 marching or attending the day's events. Accept - LGBT Cyprus had expected several hundred participants, but were overwhelmed by the event’s popularity. The march received extensive political support from almost all parties across the political spectrum, former President of Cyprus George Vasiliou, the European Parliament’s Office in Cyprus, the European Commission’s Representation in Cyprus, and 15 Embassies who marched with the parade including Ambassadors and Embassy staff (Austria, Australia, Brazil, Britain, Canada, Denmark, Finland, Israel, Italy, Netherlands, Norway, Portugal, Spain, Sweden, USA). Furthermore, for the first time ever, the Embassies of Denmark, Finland, Netherlands, Sweden and the USA hoisted a rainbow flag on the day at the Embassies' grounds. Cypriot-born, international pop singer Anna Vissi also attended the march. The 81-year-old Alecos Modinos, who won a 1993 European Court of Human Rights case against Cyprus for its laws criminalising homosexuality, headed the procession. Scuffles broke out between a group of Orthodox Christian protesters including clerics who denounced the event they called “shameful”, demonstrating outside the Parliament.

During a press release, Accept-LGBT Cyprus President Costa Gavrielides expressed his surprise and joy at the turnout, but also his annoyance with the Civil Partnership Bill not being submitted to Parliament despite news of a possible April vote. As of June 2014, the bill had not been submitted.[21]

Prior to the Parade, the event was preceded by the first Cyprus Pride Festival that took between the 17th of May 2014 (International Day Against Homophobia and Transphobia) and 31st of May 2014. The first day of the event a Rainbow Walk took place to the north of Nicosia with the colaboation of Accept - LGBT Cyprus and turkish Cypriot organisation Queer Cyprus, amongst others.

In North Cyprus, discrimination on the basis of sexual orientation or gender identity was not embodied into law until January 27, 2014.[14] Therefore in 2008, another civil society initiative, "Shortbus Movement", consisted of Human Rights activists, started to take an action to support LGBTI activities in Cyprus. The group secured financial support from the European Commission Office in Cyprus and the European Parliament. "Shortbus movement" ceised operations around 2012 with many members forming the Turkish Cypriot LGBTI group "Queer Cyprus" which operates till today.

Public opinion

Most Cyprus citizens are members of the Orthodox Church of Cyprus, which opposes LGBT-rights movements. In 2000, a Major Holy Synod had to be convened to investigate rumors that Bishop Athansassios of Limassol had engaged in a homosexual relationship while a novice monk. The charges were not proved.[22]

A 2006 survey showed that 75% of Cypriots disapprove of homosexuality, and many think that it can be 'cured'[23] A 2006 E.U. poll revealed that only 14% of Cypriots as being in favour for same-sex marriage with 10% for authorising adoption.[24] However, the situation has seen a rapid turnaround in just a few years, with a 2014 survey finding that 53.3% of Cypriot citizens think that civil unions should be made legal.[25]

Summary table

Same-sex sexual activity legal (Since 1998)
Equal age of consent (Since 2002)
Anti-discrimination laws in employment only (Since 2004)
Anti-discrimination laws in the provision of goods and services (Since 2013)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2013)
Recognition of same-sex couples (e.g. registered partnership or civil union, etc.) (Proposed)
Step-child adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
MSMs allowed to donate blood
Joint adoption by same-sex couples
Same-sex marriages
Commercial surrogacy for gay male couples (Banned for opposite-sex couples also)

See also

References

  1. ↑ Apeleftherotiko Kinima Omofilofilon Kiprou
  2. ↑ "Cyprus". ageofconsent.com. Retrieved 20 January 2011.
  3. ↑ Helena Smith (26 January 2002). "Cyprus divided over gay rights". The Guardian (UK). Retrieved 20 January 2011.
  4. ↑ Afanasieva, Dasha (2014-01-27). "Northern Cyprus becomes last European territory to decriminalize gay sex". Uk.reuters.com. Retrieved 2014-04-04.
  5. ↑ "Government to look at legalising gay marriage". Cyprus-mail.com. Retrieved 20 January 2011.
  6. ↑ Moving towards civil partnerships
  7. ↑ LGBT group hails decision on civil partnerships
  8. ↑ DISY ‘fully backs civil partnerships’
  9. ↑ Civil partnership bill will go ahead
  10. ↑ "Civil partnerships still a long way off". Cyprus-mail.com. 31 May 2014.
  11. ↑ "Civil partnership bill needs consensus, Hasikos tells MPs". Cyprus-mail.com. 4 July 2014.
  12. ↑ "Storm of protest over Archbishop’s anti-gay comments". Cyprus Mail. 2014-03-09. Retrieved 2014-04-04.
  13. ↑ However, in 2011 there have been reports about a Cypriot diplomat who was denied a posting abroad on account of his open homosexuality which was considered a liability by the authorities. Claims of harassment and mobbing where also made in the same case.Implementation of Anti-discrimination directives into national law, European Union
  14. ↑ 14.0 14.1 Owen Bowcott (214-01-27). "Northern Cyprus votes to legalise gay sex". theguardian.com. Retrieved 2014-04-04. Check date values in: |date= (help)
  15. ↑ "Cyprus: Penal code amended to protect against discrimination based on sexual orientation or gender identity". PinkNews. Retrieved October 27, 2013.
  16. ↑ planetout.com – Meraklis Admits AIDS, Not Gay
  17. ↑ queerday.com – Gay Cyprus man can't get driver's license
  18. ↑ cyprus-mail.com – HIV/AIDS incidence low in Cyprus
  19. ↑ User (27 June 2001). "United Nations". United Nations. Retrieved 20 January 2011.
  20. ↑ Initiative Against Homophobia. "Proposal of Criminal law presented by Initiative Against Homophobia". www.queercy.org. Retrieved 14 April 2012.
  21. ↑ "Greek Cypriots in first gay pride parade". GMA Network. 2014-01-06.
  22. ↑ Cyprus synod seeks end to scandal over 'gay' bishop The Telegraph, 15 November 2000
  23. ↑ Overview on being gay in Cyprus Gay Cyprus Online
  24. ↑ Eight EU Countries Back Same-Sex Marriage Angus Reid Global Monitor
  25. ↑ http://cyprus-mail.com/2014/03/09/storm-of-protest-over-archbishops-anti-gay-comments/

Sources and external links