E/C.12/CYP/CO/6
(h)
The Recruitment of Persons with Disabilities in the Wider Public Sector
(Special Regulations) Law, in 2009.
4.
The Committee also welcomes the ratification by the State party of:
(a)
The Convention on the Rights of Persons with Disabilities, in 2011;
(b)
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, in 2010;
(c)
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, in 2009.
C.
Principal subjects of concern and recommendations
Domestic application of the Covenant
5.
The Committee notes that the Covenant has supremacy over all domestic laws under
the Constitution and may be invoked in the courts and that there are Supreme Court
judgments on cases relating to economic, social and cultural rights. The Committee is,
however, concerned that the Constitution does not incorporate all the rights enshrined in the
Covenant. It regrets the lack of information on decisions invoking the Covenant adopted by
lower courts.
6.
The Committee recommends that the State party take all appropriate measures
to ensure that the rights enshrined in the Covenant are fully incorporated in its
domestic legal order and, as with civil and political rights, have constitutional rank in
order to ensure that they are protected by the domestic courts at all levels. It also
recommends that the State party enhance training for judges, lawyers and public
officials on the Covenant. The Committee draws the State party’s attention to its
general comment No. 9 (1998) on the domestic application of the Covenant.
The Office of the Commissioner for Administration and Human Rights
7.
The Committee is concerned that the Office of the Commissioner for Administration
and Human Rights is not fully compliant with the principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris Principles).
It is particularly concerned about the lack of a transparent and participatory process for the
selection and appointment of the Commissioner, the absence of explicit legal provisions on
the promotional mandate of the Commissioner, the insufficient level of funding and the
lack of financial and administrative autonomy.
8.
The Committee recommends that the State party take all measures necessary to
ensure that the Office of the Commissioner for Administration and Human Rights is
fully compliant with the Paris Principles. In particular, it recommends that the State
party:
(a)
Base the appointment process on the principles of openness,
participation and transparency;
(b)
Ensure that the promotional mandate of the Commissioner is explicitly
provided by law;
(c)
Allocate sufficient resources to, and ensure the financial autonomy of,
the Office of the Commissioner;
(d)
2
Empower the Office of the Commissioner to recruit its own staff.