CYPRUS: Children's Rights References in the Universal Periodic Review

6. The normative and institutional framework for the protection of human rights stands on solid foundations on which Cyprus continues to build and enhance its human rights legislation, institutions and monitoring mechanisms (A/HRC/WG.6/6/CYP/1, Section B).

A. Legislation

• The Education and Training of Children with Special Needs Law [L.113(I)/1999] and Regulations are under review, aiming to further strengthen the rights of children with disabilities.

IV. Developments since the first review of Cyprus, especially with regard to the promotion and protection of human rights

16. Cyprus is party to all core Human Rights instruments under which it regularly submits its reports to the competent Treaty Bodies and duly takes into consideration their recommendations/ observations in an effort to improve the situation in relation to the respect of human rights.

• CRC

Cyprus deposited its 3rd–4th Periodic Report in August 2009 and was examined in May 2012.

V. Developments since the first review of Cyprus – The implementation of recommendations accepted by Cyprus

17. Over the past four years, Cyprus has dedicated itself to the implementation of the recommendations accepted in the 1st UPR session. The steps taken are presented below.

A. New international obligations, implementation of existing obligations, collaboration with international human rights instruments

Recommendations 2, 6, 7, 8, 9, 21

18. Cyprus intensified its efforts for closer cooperation with Human Rights Treaty Bodies as well as to meet its international obligations, and speeded up the submission of its national reports. Cyprus is uptodate with all its treaty reporting obligations.

19. Cyprus ratified the following:

• the OP CRC-AC (July 2010);

20. Cyprus signed the following:

• the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (July 2012) and is in the process of ratification;

D. Children’s rights

Recommendation 15, 44

25. The Social Welfare Services (SWS) takes seriously on board the recommendations of the Commissioner for Children's Rights (CCR) in the exercise of the monitoring role of the institution in all areas concerning children’s rights. The SWS seeks the views of the CCR in relation to the introduction of relevant new legislation with a view to achieve full compatibility with UN-CRC and other international instruments relating to children’s rights.

26. These include the following which have been drafted in close consultation with the CCR, taking the views of a number of NGOs:

(a) The Children Law, Cap.352 will be replaced by two new Bills (The Welfare, Care and Protection of Children, The Registration of Child Day-Care and Residential Care) (b) Four Regulations on minimum standards concerning Day-Care Programmes for Preschool Children, Day-Care Programmes for School-age Children, Child Home-Careers, Child Residential Care.

(c) Law on Adoption.

27. A Bill to amend the institutional law of the CCR is currently under discussion so as to strengthen its independence. Due to the current financial constraints no increase of the financial or human resources can be achieved.

Recommendation 45

28. Every effort is made for all children in Cyprus to have equal enjoyment of their rights without any discrimination. This is mandated by the applicable Law (including constitutional provisions and the UNCCR and a number of national legislative provisions). The issue is under strict monitoring by the CCR who intervenes in cases of violation and her recommendations are taken seriously into account.

Recommendations 67, 68

29. As of 1/1/2012, by virtue of an amendment of the Law on Provision of Housing Concessions to Displaced Persons and other Persons, [L.155(I)/2011], children whose mother is an internally displaced person (IDP), were given the right to certain Housing Schemes. The Council of Ministers decided (Decision No. 75.317., dated 19/6/2013), to recognize children of IDP mothers as displaced persons, entitled to all rights the children of IDP fathers have regarding all existing benefits (eg. Housing Schemes). The necessary legislative amendment is due to be enacted.

Recommendation 56

30. There is no segregation of pupils; pursuant to national legislation pupils must enroll at the school nearest to their place of residence. As it has been observed that, financially disadvantaged families tend to live in specific areas, the Ministry of Education and Culture (MOEC) has introduced the institution of the Zones of Educational Priority (ZEP), in line with UNESCO’s strategy for positive discrimination. The CCR, within the context of her monitoring role, has undertaken the initiative to evaluate the work and the general functioning of schools included in the ZEPs, in the framework of safeguarding children’s rights. (See Section VII)

E. Human rights education

Recommendations 19, 20

31. The Plan of Action 2005-2009 of the World Programme for Human Rights Education was the basis for the amendment of the Cyprus Human Rights Education programme and the school curricula. Human rights spectrum was incorporated in the amended school curriculum, which includes concrete measures for prevention and abolition of discrimination practices, such as modernized educational policies, coordination mechanisms, better allocation of resources, special educative tools for social development within a multicultural environment. A school subject was introduced during 2011–2012, titled "Health Education" focusing, among others, on Human Rights education. It encourages the empowerment of individuals and the development of a collective sense of responsibility in a diverse society. The MOEC's website provides online teaching material on human rights. The CCR and the NGO Support Center organized a series of training sessions to support the teaching staff in using Compasito activities into teaching. The CCR’s office carries out a series of workshops for children at its premises and at schools.

32. The Pedagogical Institute is responsible for the training of teachers. Its activities include optional seminars for teachers on topics related to managing diversity and fighting discrimination (i.e. Diversity in a democratic school, Education for democratic citizenship and human rights).

Recommendations 32, 33, 34, 35, 42, 43

44. A NAP for the Prevention and Combating of Domestic Violence (NAPPCDV), for 2010-2013 is implemented focusing on monitoring, prevention, implementation of legislation and provision of support and protection of victims.

G. Non Discrimination and protection of vulnerable groups

Recommendation 31

48. The MOEC caters for the specialized needs of vulnerable groups:

• Special Education: The goal of the MOEC is to abolish any form of discrimination against children with special needs. The majority of children with special needs are educated alongside their non-disabled peers. The Board of Special Education, which is appointed by the Council of Ministers and acts as a consultative committee, monitors the implementation of legislation procedures and other issues regarding the educational services provided to children with special needs and gives feedback to the MOEC. In 2011, the CCR issued a report with specific recommendations relating to the legislative framework and practice on children with special needs which she submitted to the MOEC and the Parliamentary Committee on Education. The MOEC was committed to examine them with a view to implement them.

• Other groups: Roma children have priority for admission to public kindergartens, whereas families receiving public allowance are exempted for paying fees in public kindergartens.

H. Discrimination based on sexual orientation

Recommendations 26, 27, 36

54. The ADB raised the issue of homophobic bullying in schools. In a report submitted to the MOEC, the ADB called for the introduction for comprehensive sexual education addressing LGBTs issues. As a response to this report, the MOEC's Observatory on Violence in Schools will enhance the national research on the victimization of pupils and teachers. The matter of homophobic bullying will be investigated for the school year 2013–2014.

J. Migrants’ rights

Recommendations 59, 63

59. Α new policy on Multicultural Education has been approved by the Council of Ministers entitled "Policy Report of the Ministry of Education for Multicultural Education" (Decision No. 67.598, dated 30/7/2008) that aims to the inclusion of non-native speaking pupils to the school system and society.

Recommendation 64

66. Persons at the Reception Centre in Kofinou are supported by a social worker and a psychologist. A social worker is available for the asylum seekers residing at reception centres under the pilot project for the European Refugee Fund (2011–2013). If a person is suspected to be a victim of torture, he/she is referred to a special Medical Council. This Council was reinforced with a psychologist in 2012. Children of asylum seekers entitled to the full respect of children’s rights including free public education and health care services.

In December 2011, adopting a recommendation of the CCR, the MOH issued a circular to all public healthcare institutions directing them to facilitate the prompt granting of any required healthcare services to all pregnant women and children belonging to vulnerable groups (including those who are not otherwise entitled, and even if they are illegally in Cyprus). The CCR monitors regularly the situation of these children and intervenes to the competent authorities with recommendations relating to individual cases and immigration issues in general.

K. Anti-trafficking policy

Recommendations 47, 48, 49, 50, 51, 52, 53

72. There have been increased efforts to combat Trafficking of Human Beings (THB), namely the relevant legislation, the National Action Plan Against Trafficking of Human Beings 2010-2012 (NAPATHB), the abolition of the so called “artist visa”, the training of Government Officers and international cooperation with other EUMS and third countries.

73. The Law L.13(1)/2012 amending the Combating of Trafficking and Exploitation of Persons and the Protection of Victims, is considered of paramount importance in that it: (a) doubled the number of NGOs in the Multidisciplinary Group (MCG), as it is considered that cooperation with NGOs is a key factor in developing effective anti-trafficking policies and strategies and (b) made provision for the National Coordinator to invite experts to attend the meetings of the MCG, when he/she thinks this is necessary. The Law on Trafficking, together with the Law on Legal Aid [L.165(I)/2002, as amended], are currently at the final stages of further review, so as to fully harmonize with Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims. The aim is to extend the legal aid scheme to include advice, assistance and representation of victims of trafficking and also to cover judicial proceedings where children are involved, especially where children are the alleged victims of trafficking.

L. Treatment of detainees

Recommendation 46

• For Juvenile and Young Prisoners:

In 2013, the restoration of a separate Wing 9 and construction of the entire infrastructure was completed in September 2013 and consists of 24 cells with a capacity of 48 persons.

VI. Description of achievements, of ‘best practice’’ as well as of challenges in implementing the recommendations accepted by Cyprus

102. In March 2013, the ADB issued a report on the way schools respond to racist incidents. The report identified gaps in addressing the racist incidents in a decisive manner. A number of schools failed to protect victims, to educate the perpetrators and face the tensions among pupil groups of different ethnicity. The ADB advocated for better protection of victims of racist violence.

103. In response to this report, the MOEC cooperates with the ADB in drafting a Code of Conduct against racism in schools. Within the framework of supporting schools with regards to violence and juvenile delinquency, the MOEC set up the "Task Force on School Violence". It is mandated to provide economic subsidies where needed, support the implementation of the action plans and promote prevention programmes. It implements follow-up action plans and encourages interaction among the main stakeholders such as teachers, counsellors and special psychologists.

104. The Observatory for Violence in Schools is one of the institutions of the MOEC’s tool kit in addressing violence in schools. The Observatory records, codes, analyses and evaluates data on the extent and the forms of violence. It collects quantitative and qualitative data concerning good practices for the prevention of violence in schools, national and international research on school environment, on school violence and juvenile delinquency, including issues on bullying and racism.

VII. Initiatives to further improve the human rights situation in Cyprus

• After the report of the ADB on the issue of homophobic bullying in schools, the MOEC set up the Observatory on Violence in Schools to monitor the situation and enhance the research on the victimization of pupils and teachers. The matter of homophobic bullying will be further examined for the school year 2013–2014, based on Observatory’s findings. The MOEC has introduced a series of initiatives which focuses on the challenges to help and support vulnerable pupils. The ZEP initiative has proven to be a useful tool for the protection of disadvantaged children. The CCR, within the context of her monitoring role, has undertaken the initiative to evaluate the work and the general functioning of schools included in the ZEPs, in the framework of safeguarding children’s rights, aiming to issue a report by the end of 2013. This report will identify possible progress, gaps and challenges in the course of implementation and will make recommendations for further improvement.

 

 

I. Background and framework

A. Scope of international obligations1

3. In 2012, the Committee on the Rights of the Child (CRC) encouraged Cyprus to consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.12

4. CRC and CEDAW urged Cyprus to consider ratifying International Labour Organization Convention No. 189 (2011) concerning decent work for domestic workers.13

5. CRC urged Cyprus to ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the Convention on Action against Trafficking in Human Beings.14

B. Constitutional and legislative framework

7. CRC recommended that Cyprus adopt the Law for the Welfare, Care and Protection of Children. Furthermore, it reiterated its previous recommendation urging Cyprus to ensure that domestic legislation conformed to the Convention, in particular in the area of juvenile justice.16

8. CRC recommended that Cyprus adopt all draft laws which attached importance to the principle of the best interests of the child, and develop procedures and criteria to provide guidance for determining the best interests of the child in every area.17

C. Institutional and human rights infrastructure and policy measures

Status of national human rights institutions20

13. CRC urged Cyprus to provide the Commissioner for the Protection of Children’s Rights with adequate resources.24 It also called upon Cyprus to establish an effective mechanism for coordinating the implementation of child rights policy among all the relevant institutions and at all levels.25

III. Implementation of international human rights obligations

A. Equality and non-discrimination

25. CRC urged Cyprus to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds, including by considering the establishment of a targeted programme specifically addressing discrimination against children of Turkish descent and other ethnic minorities.45

B. Right to life, liberty and security of the person

30. CRC encouraged Cyprus to prioritize the elimination of all forms of violence against children, while paying particular attention to gender.52

31. CRC recommended that Cyprus continue conducting awareness-raising activities promoting alternative forms of discipline which were non-violent and participatory forms of child-rearing and education, and ensure that all of its legislation explicitly prohibited all forms of corporal punishment of children in all settings, including the home.53

34. CRC recommended that Cyprus ensure safeguards and checks for migrant children residing in the country with persons other than their parents or guardians to prevent trafficking, adopt a National Action Plan for child victims of trafficking, strengthen early detection and prevention mechanisms, and protect all children victims of sexual exploitation and abuse.56

C. Administration of justice and the rule of law

36. CRC recommended that Cyprus bring the juvenile justice system in line with the Convention and other relevant standards. It further recommended that Cyprus: establish a juvenile justice system, including providing courts with adequate resources, adopt a holistic and preventive approach to addressing the problem of juvenile offenders and its underlying social factors, and ensure that children, including those between the ages of 14 and 18 years, were not subject to the adult justice system, regardless of the nature of the offence committed.58

D. Right to privacy, marriage and family life

37. CRC noted as positive that Cyprus had been able to place children who were deprived of a family environment and aged zero to 5 years in foster care, instead of institutional care. It recommended that Cyprus strengthen the support provided to foster parents and increase the proportion of children over the age of 5 years deprived of a family environment, and children with behavioural difficulties, being placed in foster care.59

38. CRC recommended that Cyprus expeditiously seek the enactment of its Adoption Bill and ensure its compliance with the Convention and the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.60

F. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life

42. CRC urged Cyprus to ensure that religious education was optional and was conducted in a manner that contributed to a spirit of understanding, tolerance and friendship among all ethnic and religious groups.71

G. Right to work and to just and favourable conditions of work

49. CRC recommended that Cyprus consider further amendments to its Law on the Protection of Young Persons at Work to ensure adequate safeguards for children employed as domestic workers, including mandatory registration of such employment and the empowerment of labour inspectorates to carry out spot checks on the working and living conditions of children in such employment.80

H. Right to social security and to an adequate standard of living

I. Right to Health

53. CRC remained concerned at the high rate of children consuming alcohol, tobacco, drugs and other harmful substances. It recommended that Cyprus take necessary measures for the effective enforcement of the prohibition of the sale of such products to children, and consider prohibiting the advertising of such products in television, radio, publications, the Internet and other media commonly accessed by children and adolescents.84

54. CRC recommended that Cyprus establish a mechanism for monitoring infant and child feeding, strengthen its legislation regulating the marketing of breastmilk substitutes, and implement the Baby-friendly Hospital Initiative.85

J. Right to education

55. CRC urged Cyprus to provide Turkish Cypriot children with the option of receiving bilingual education, including in their mother tongue, and promote access to early childhood development and education, particularly for children under the age of 4 years and those at risk of delayed development and socioeconomic deprivation. 86

L. Persons with disabilities

60. CRC recommended that Cyprus ensure that children with disabilities were able to exercise their right to education and provide for their inclusion in the mainstream education system.92

N. Migrants, refugees and asylum seekers

64. CRC was deeply concerned at the serious ambiguity on the interpretation and implementation of the provisions of the Refugee Law relating to the representation of unaccompanied and separated children in the asylum process, resulting in unaccompanied asylum-seeking children remaining without representation since 2009. It urged Cyprus to give full effect to the Refugee Law, in accordance with the European Union asylum acquits and international protection standards.96

65. CRC urged Cyprus to apply its Refugee Law and its Reception Conditions Regulations to provide refugees with the same level of health care as nationals. 97

66. CRC was deeply concerned that the Refugee Law limited asylum seekers’ right to remain until the administrative examination stage of their claim. This resulted in asylum-seeking children awaiting adjudication of their asylum claims by the Supreme Court being automatically considered illegal migrants, depriving them of access to reception conditions, including welfare assistance and medical care; and increasing their vulnerability to detention and deportation. 

 

 

A. Background and framework

2. Institutional and human rights infrastructure and policy measures

7. ECRI noted that Cyprus established a comprehensive legal framework for safeguarding equality and combating discrimination. The Independent Authority for the Investigation of Complaints and Allegations concerning the Police was set up and the Observatory against Violence recorded and analysed episodes of violence in schools and assessed incidents of a racist nature.8

B. Cooperation with human rights mechanisms

Cooperation with treaty bodies

9. Joint Submission 1 (JS1) stated that, although Cyprus had ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OP-CRC-AC) on 2 July 2010, it had not yet produced its initial report.10

23. JS1 was concerned that Cyprus' declaration upon ratification of OP-CRC-AC indicated that persons aged 17 might volunteer for military service 28 and there was a strong deployment in hostilities units including 17-yearyear year-old recruits. 29

24. GIEACPC stated that corporal punishment of children was prohibited in 1994 but the “right” of parents, teachers and others “to administer punishment” remained in article 54(6) of the Children’s Law of 1956, despite the Government’s stated intention to reform the law, the recommendations of the Committee on the Rights of the Child, and the Government’s acceptance of UPR recommendations to harmonise national legislation with international human rights obligations.30 GIEACPC urged the UPR Working Group to recommend that Cyprus repeal article 54(6) of the Children’s Law as a matter of priority.31

4. Right to privacy, marriage and family life

31. JS2 stated that many migrant children faced separation from their families. In case their parent(s) was/were considered to be “(a) prohibited migrant(s),”and was/were arrested and detained for the purpose of deportation, children were given by the Social Welfare Services to foster families while their parent(s) was/were in detention. In case one of the parents was considered a “prohibited migrant” and was arrested and detained for the purpose of deportation, while the other parent was not, then the child(ren) remained in Cyprus with the second parent, while the first was deported.41

7. Right to social security and to an adequate standard of living

43. CoE-ECSR concluded that the social pension was manifestly inadequate and that the sickness, unemployment, work injury and maternity benefits fell below the poverty threshold.57 CoE-ECSR also concluded that Cyprus had not demonstrated that there was an adequate health care system.58

8. Right to health

47. According to JS2, denial or restriction of access to health care to migrant children, because of their parents’ legal status, was a common complaint that it received, despite efforts by the Commissioner for Children’s Rights to grant children full access to healthcare, irrespectively of their parents’ status.62

9. Right to education

48. ECRI stated that there was a disproportionately high concentration of Turkish Cypriot and Roma pupils in particular schools. The failure to meet the educational needs of these children constituted an effective denial of their right to education.63

49. ECRI indicated that the Polemidia housing settlement for Roma constituted de facto segregation from the majority population and the children were denied their right to education.64

50. JS2 indicated that schools, and especially high schools, lacked any efficient integration programmes, having as a result for migrant children to merely attend and not participate in schooling.65

51. JS2 also received reports concerning bullying of children with migrant background in school, which was motivated by racist and xenophobic feelings. A significant number of migrant children, especially teenagers, dropped out of school, either because they felt they did not gain anything out of it, or because of bullying, or both.66

14. Situation in, or in relation to, specific regions or territories

68. As for juvenile recruitment in the northern part of the island89, JS1 noted that voluntary recruitment with parental consent was possible from the age of 17 and that it was assumed that there were no effective safeguards against under-age deployment.