History
Cyprus is still a socially conservative country when it comes to homosexuality, as gay, lesbian, bisexual and trans-gendered people are seen as engaging in immoral conduct.
Male homosexual conduct only (not lesbianism) has been a crime since 1889 when Cyprus was a British colony, and thus like the British law against buggery, Cypriot law was technically silent about female homosexuality or lesbianism. In 1960 Cyprus became a fully independent nation from Britain and still "maintained" the old buggery laws.
Only in 2002 was homosexuality aligned with heterosexuality in terms of age of consent (17), but only in the area of the Republic of Cyprus, i.e. the southern part of the island, whereas in the northern part the British buggery laws are theoretically still valid, although a kind of ‘gentlemen’s agreement’ “tolerates” homosexuality in the private sphere.
Legal aspect
Homosexual acts are still criminalized in the northern part of Cyprus. Despite the fact that the European Convention of Human Rights (ECHR) and the International Convention Civil and Political Rights Convention (ICCPR) are legally binding according to the constitution and high court decision, the domestic laws are not in consistence with the standards of ECHR and ICCPR.
Besides facing with problems in social life, the protection of LGBT rights by law is very limited in northern Cyprus and LGBT people are deprived of the basic human rights.
Discrimination
According to the constitution, everybody is equal before the law but there is no clause to oblige the state to ensure that this equality exists in practice. Furthermore, Discrimination on the basis of sexual orientation or gender identity has not been embodied in the laws yet.
The Right to Security of the Person
Homosexual acts between males are penalized by the penal code as an unnatural offence and any person who is guilty of this offence is liable to imprisonment for up to 5 years.
This anachronistic article of the penal code is an obstacle for male homosexuals to file complaints to police when they face sexual assaults.
Right to Privacy
The existence of Article 171 of the Penal Code of the northern part of Cyprus, which criminalizes homosexual acts between males, undoubtedly is contrary to Article 8 of ECHR. According to Article 8, everybody has the right of respect for his private life.
The European Court of Human Rights has found the Republic of Cyprus guilty by not amending the same article in Republic of Cyprus’ penal law.(Modinos vs. Cyprus, 22 April 1993)
Right to Health
The Criminalization of homosexual acts is an obstacle to the use of public and private health facilities after any homosexual incident.
The Right to Association
Article 171 is a potential obstacle for an LGBT organization to register as a civil society organization.
Freedom of Expression
Article 171 undoubtedly is an obstacle for male homosexuals to express their sexual orientation.
Hate Speech and Hate Crime
Hate speech and hate crime has not been embodied in the penal code and among others LGBT people are not protected against that kind of crime on the basis of their sexual orientation.
Initiative Against Homophobia, March 2008.
