Gay rights in Cyprus
Encyclopedia
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.
Cyprus is still a socially conservative nation when it comes to homosexuality
, as LGBT people are often seen as engaging in immoral conduct. 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
.
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, 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.
However, Cyprus legislators refused to liberalise their own law, and it was not until Cyprus stood to lose its prospective membership to the European Union that in 1998 its lawmakers decriminalized homosexual relations between consenting adults in private. 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 new criminal amendments also included discrimination against homosexuals in terms of freedom of speech, expression, assembly and the press.The law also addressed both male and female homosexuality for the first time.
In 2000 these provisions were liberalizsed; however, the unequal age of consent remained until 2002 when a new universal age of consent
was established at seventeen. 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 on the grounds that homosexuality is a mental illness; gay sexual conduct remains a crime under military law; the term is 6 months in a military jail although this is rarely, if ever, enforced..
In the Turkish Republic of Northern Cyprus
(that part of Cyprus occupied since the Turkish invasion of Cyprus
in 1974) male homosexual conduct only is still illegal and the law is yet to be repealed by a new Criminal Code
. The subject of lesbianism is not treated in any laws relating to the Turkish Republic of Northern Cyprus.
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.
, 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. 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.
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, and Jackare in Limassol
; Secrets Club in Larnaca
and gay-friendly establishments such as Scorpios, Versus, Svoura and Oktana in Nicosia
.
came to Cyprus in 1986, and since then has had a few hundred of people living with HIV/AIDS. In the 1990s, some tourists suspected of being homosexual or being infected with HIV were refused entry or quickly deported.
The government regularly tests pregnant women, drug users, National Guard troops and blood donors. In a 2001 report to the United Nations, the government broadly mentioned various efforts it had undertaken to fight the disease.
In 2004 the Ministry of Health published a report on the HIV/AIDS pandemic in Cyprus.
In 2007, Initiative Against Homophobia
was established in Northern Cyprus to deal with the rights of LGBT
people in that part of Cyprus occupied by Turkish troops. On 25 April 2008, the initiative presented a proposal regarding the revising of criminal law to the president of Parliament Fatma Ekenoglu
.As of 2010, no action had been taken on the proposal.
"Accept – Cyprus" (an LGBT rights movement) is active, with the support of several concerned citizens and operates under the auspices of the Cyprus Family Planning Association, assisted by various interested NGOs. The organisation is currently at the stage of preparing its structure, Articles of Association and committee. It is expected that by the end of May 2010, an application for registration of an official legal person will be filed.
In North Cyprus, discrimination on the basis of sexual orientation or gender identity has not been embodied into law as yet. Therefore in 2008, another civil society initiative, "Shortbus Movement", consists of Human Rights activists, has started to take an action to support LGBTI
activities in Cyprus. The group secured financial support from European Commission
Taskforce for their project entitled ‘SHORTBUS MOVEMENT: Empowerment of Gay, Lesbian, Bisexual, Intersex and Trans Community of northern part of Cyprus’ SHORTBUS MOVEMENT as a team, recently continues to support all the individual or organizational activities of Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) community of Cyprus.
human rights remains a deeply controversial subject. The Cypriot Orthodox Church
is a powerful social and political institution and its leader, Archbishop Chrysostomos II, has frequently stated that homosexuality is immoral and ought to have been kept illegal. In 2000, a Major Holy Synod had to be convened to investigate rumours that Bishop Athansassios of Limassol had enjoyed a homosexual relationship while a novice monk. The charges were not proved.
A 2006 survey showed that 75% of Cypriots disapprove of homosexuality, and many still think that it can be 'cured'A 2006 E.U. poll revealed that only 14% of Cypriots as being in favour for same-sex marriage with 10% for authorising adoption. In January 2010 a citizen of Cyprus made a complaint to the ombudsman service that his human rights
had been violated because the government does not recognise same-sex marriages.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
residents. Both male and female same-sex sexual activity are legal in Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Cyprus is still a socially conservative nation when it comes to homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
, as LGBT people are often seen as engaging in immoral conduct. However, ever since Cyprus sought membership in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
it has had to update its human rights legislation, including its laws regarding sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
.
Law regarding same-sex sexual activity
Male homosexual conduct only (not lesbianism) was a crime from 1889 when Cyprus was a British colony, and thus like the British law against buggeryBuggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
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
LGBT social movements
Lesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...
since 1979, and in 1987 the founder and subsequently President of AKOK, the "Cypriot Gay Liberation Movement", won Modinos v. Cyprus
Modinos v. Cyprus
Modinos v. Cyprus is a judgment of the European Court of Human Rights concerning Article 8 of the European Convention on Human Rights- Case :...
under the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, that ruled that Section 171 of the Criminal Code of Cyprus
Section 171 of the Criminal Code of Cyprus
Section 171 of the Criminal Code of Cyprus was a section of the Cyprus Criminal Code, which was enacted in 1929, that criminalized homosexual acts between consenting male adults...
violated his right to have a private life.
However, Cyprus legislators refused to liberalise their own law, and it was not until Cyprus stood to lose its prospective membership to the European Union that in 1998 its lawmakers decriminalized homosexual relations between consenting adults in private. The age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for homosexual conduct was set at eighteen, while that for heterosexual conduct was at sixteen. Aside from the unequal age of consent, the new criminal amendments also included discrimination against homosexuals in terms of freedom of speech, expression, assembly and the press.The law also addressed both male and female homosexuality for the first time.
In 2000 these provisions were liberalizsed; however, the unequal age of consent remained until 2002 when a new universal age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
was established at seventeen. 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 on the grounds that homosexuality is a mental illness; gay sexual conduct remains a crime under military law; the term is 6 months in a military jail although this is rarely, if ever, enforced..
In the Turkish Republic of Northern Cyprus
Turkish Republic of Northern Cyprus
Northern Cyprus or North Cyprus , officially the Turkish Republic of Northern Cyprus , is a self-declared state that comprises the northeastern part of the island of Cyprus...
(that part of Cyprus occupied since the Turkish invasion of Cyprus
Turkish invasion of Cyprus
The Turkish invasion of Cyprus, launched on 20 July 1974, was a Turkish military invasion in response to a Greek military junta backed coup in Cyprus...
in 1974) male homosexual conduct only is still illegal and the law is yet to be repealed by a new Criminal Code
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
. The subject of lesbianism is not treated in any laws relating to the Turkish Republic of Northern Cyprus.
Recognition of same-sex relationships
Cyprus only recognises a marriage between a man and a woman. The law does not recognise same-sex marriages, civil unions or domestic partnerships. The Cypriot Interior Ministry Permanent Secretary, Lazaros Savvides, said in February 2010 that the Cypriot government will soon examine the issue of making same-sex marriages legal in Cyprus.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. 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.
Living conditions
In 1996, a criminal trial against Father Pancratios Meraklis, who was accused of sodomySodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, caused serious rioting that stopped the proceedings. Meraklis had been regarded as a possible bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
, 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. These comments irked public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population 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.
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
Paphos
Paphos , sometimes referred to as Pafos, is a coastal city in the southwest of Cyprus and the capital of Paphos District. In antiquity, two locations were called Paphos: Old Paphos and New Paphos. The currently inhabited city is New Paphos. It lies on the Mediterranean coast, about west of the...
; Alaloum, and Jackare in Limassol
Limassol
Limassol is the second-largest city in Cyprus, with a population of 228,000 . It is the largest city in geographical size, and the biggest municipality on the island. The city is located on Akrotiri Bay, on the island's southern coast and it is the capital of Limassol District.Limassol is the...
; Secrets Club in Larnaca
Larnaca
Larnaca, is the third largest city on the southern coast of Cyprus after Nicosia and Limassol. It has a population of 72,000 and is the island's second largest commercial port and an important tourist resort...
and gay-friendly establishments such as Scorpios, Versus, Svoura and Oktana in Nicosia
Nicosia
Nicosia from , known locally as Lefkosia , is the capital and largest city in Cyprus, as well as its main business center. Nicosia is the only divided capital in the world, with the southern and the northern portions divided by a Green Line...
.
HIV/AIDS
The pandemicPandemic
A pandemic is an epidemic of infectious disease that is spreading through human populations across a large region; for instance multiple continents, or even worldwide. A widespread endemic disease that is stable in terms of how many people are getting sick from it is not a pandemic...
came to Cyprus in 1986, and since then has had a few hundred of people living with HIV/AIDS. In the 1990s, some tourists suspected of being homosexual or being infected with HIV were refused entry or quickly deported.
The government regularly tests pregnant women, drug users, National Guard troops and blood donors. In a 2001 report to the United Nations, the government broadly mentioned various efforts it had undertaken to fight the disease.
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.In 2007, Initiative Against Homophobia
Initiative Against Homophobia
Initiative Against Homophobia is a NGO which deals with gender, sexual orientation and/or gender identity discriminations due to heteronormativity, homophobia, biphobia and transphobia. Initiative Against Homophobia currently deals with criminal laws amendments of TRNC...
was established in Northern Cyprus to deal with the rights of LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
people in that part of Cyprus occupied by Turkish troops. On 25 April 2008, the initiative presented a proposal regarding the revising of criminal law to the president of Parliament Fatma Ekenoglu
Fatma Ekenoglu
Fatma Ekenoğlu is a Turkish Cypriot politician. She has been President of the Assembly of the de facto independent Turkish Republic of Northern Cyprus since 14 January 2004. She is a member of the Republican Turkish Party...
.As of 2010, no action had been taken on the proposal.
"Accept – Cyprus" (an LGBT rights movement) is active, with the support of several concerned citizens and operates under the auspices of the Cyprus Family Planning Association, assisted by various interested NGOs. The organisation is currently at the stage of preparing its structure, Articles of Association and committee. It is expected that by the end of May 2010, an application for registration of an official legal person will be filed.
In North Cyprus, discrimination on the basis of sexual orientation or gender identity has not been embodied into law as yet. Therefore in 2008, another civil society initiative, "Shortbus Movement", consists of Human Rights activists, has started to take an action to support LGBTI
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
activities in Cyprus. The group secured financial support from European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
Taskforce for their project entitled ‘SHORTBUS MOVEMENT: Empowerment of Gay, Lesbian, Bisexual, Intersex and Trans Community of northern part of Cyprus’ SHORTBUS MOVEMENT as a team, recently continues to support all the individual or organizational activities of Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) community of Cyprus.
Public opinion
Public opinion on LGBTLGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
human rights remains a deeply controversial subject. The Cypriot Orthodox Church
Cypriot Orthodox Church
The Church of Cyprus is an autocephalous Greek church within the communion of Orthodox Christianity. It is one of the oldest Eastern Orthodox autocephalous churches, achieving independence from the Patriarchate of Antioch and All the East in 431...
is a powerful social and political institution and its leader, Archbishop Chrysostomos II, has frequently stated that homosexuality is immoral and ought to have been kept illegal. In 2000, a Major Holy Synod had to be convened to investigate rumours that Bishop Athansassios of Limassol had enjoyed a homosexual relationship while a novice monk. The charges were not proved.
A 2006 survey showed that 75% of Cypriots disapprove of homosexuality, and many still think that it can be 'cured'A 2006 E.U. poll revealed that only 14% of Cypriots as being in favour for same-sex marriage with 10% for authorising adoption. In January 2010 a citizen of Cyprus made a complaint to the ombudsman service that his human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
had been violated because the government does not recognise same-sex marriages.
See also
- Politics of CyprusPolitics of CyprusPolitics of the Republic of Cyprus takes place in a framework of a presidential representative democratic republic, whereby the President of Cyprus is both head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is...
- LGBT rights in EuropeLGBT rights in EuropeLesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...
- LGBT rights in Asia
Sources and external links
- Accept-LGBT Cyprus Official Website
- Initiative Against Homophobia
- Article (2002) by Alexandros Modinos for the Greek newspaper Eleftherotipia
- ILGA – Report on Equality for Lesbians and Gay Men – A Relevant Issue in the EU Accession Process
- Amnesty International call for decriminalizing homosexuality in Cyprus
- Shortbus Movement North Cyprus Official Website