E/C.12/CYP/CO/6
Legal aid
9.
The Committee is concerned that, despite the measures taken by the State party,
disadvantaged and marginalized individuals and groups still find it difficult to claim their
economic, social and cultural rights owing to the limited access to free legal aid. It notes the
lack of detailed information on legal aid programmes in the State party, including the
number of beneficiaries of, and the budget allocated to, those programmes.
10.
The Committee recommends that the State party step up its efforts to provide
free legal aid to persons who need it, particularly women, persons with disabilities,
migrant workers and asylum seekers, and to ensure that the coverage, eligibility and
services provided are adequate.
Maximum available resources
11.
While noting the recent economic crisis in the State party and the accomplishment of
the macroeconomic adjustment programme, the Committee notes with concern the
continuing significant decrease in public spending, particularly in the areas of social
protection, housing, health and education, under fiscal consolidation measures. It is also
concerned that those measures have had a disproportionately adverse impact on the
enjoyment of economic, social and cultural rights by disadvantaged and marginalized
individuals and groups. It notes that there is no information provided by the State party on
the comprehensive impact of austerity measures on the enjoyment of economic, social and
cultural rights (art. 2 (1)).
12.
The Committee recommends that the State party:
(a)
Review, while applying human rights standards, all the measures that
have been taken in response to the economic crisis with a view to ensuring everyone’s
enjoyment of economic, social and cultural rights. In this regard, it draws the State
party’s attention to its open letter dated 16 May 2012 to States parties on economic,
social and cultural rights in the context of the economic and financial crisis, in
particular to the requirements that austerity policies must meet. It also draws the
State party’s attention to its 2016 statement on public debt, austerity measures and
the Covenant (E/C.12/2016/1);
(b)
Ensure that austerity measures are gradually phased out and that the
effective protection of the rights under the Covenant is enhanced in line with the
progress achieved in the post-crisis economic recovery;
(c)
Restore the pre-crisis levels of public services and social benefits;
(d)
Institute human rights impact assessments in its policymaking processes.
Non-discrimination
13.
The Committee is concerned at the persistent discrimination against non-European
Union migrants (third country migrants), Turkish Cypriots and members of ethnic
minorities, especially Roma. While noting the legal and institutional measures taken by the
State party to combat discrimination, the Committee is concerned at the remaining
discriminatory provisions in existing legislation, such as section 5 of the Equal Treatment
in Employment and Occupation Law of 2004, which does not cover discrimination based
on nationality, the legal protection gap regarding multiple discrimination or the limited
scope of anti-discrimination jurisprudence, reportedly owing to the lack of awareness of the
anti-discrimination laws (arts. 2 (2) and 3).
14.
The Committee recommends that the State party further strengthen its antidiscrimination legislative framework, including by reviewing the existing anti-
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