SOONER or later Cyprus, as an EU member state, will at least have to recognise same-sex marriages and civil partnerships, gay rights activist Alecos Modinos said yesterday.
Modinos, who spent years fighting for homosexuality to be decriminalised in Cyprus, was commenting on a new report by Ombudswoman Iliana Nicolaou, which highlighted discrimination against same-sex partners.
Nicolaou’s report concerned a British national, whose legal partner, a third country national, was refused residency by immigration officials.
In the UK, the two men secured a Civil Partnership Registration, a status which is akin to a same-sex marriage without the title ‘married’.
Only three EU member states, the Netherlands, Belgium and Spain, have ‘gay marriage’, where the rights of a homosexual partner do not differ in any way from opposite-sex marriages.
Modinos welcomed Nicolaou’s conclusions, calling it a “very wise opinion”.
The Ombudswoman said that in the 21st century, many types of family existed and this should be recognised in Cyprus.
The British man’s partner did not ask for residency based on their civil union but in accordance with the EU directive on freedom of movement of EU nationals and their families.
He was refused on the grounds that Cyprus did not recognise same-sex marriages or civil partnerships.
There is currently no EU legislation concerning the mutual recognition of marriages or registered partnerships However, with a view to maintaining family unity in the broad sense of the term, Article 3 of the directive provides that the Member States must facilitate entry and residence for people who are included in the definition of ‘family members’.
Under this requirement, the host Member State is obliged to carry out an in-depth examination of an individual’s personal situation and must state its reasons for any refusal of entry or residence concerning such persons.
Under this article, the Member States must facilitate the right of residence of these partners, including spouses of a different sex, and must justify any refusal to grant entry or residence.
In practice, EU citizens who are married or in a partnership with a national of a third country, may rely on this facilitation requirement, subject to the application of the principle of non-discrimination
Quoting from the European Court of Human Rights, Nicolaou’s report said it was recognised that family life was not limited only to relations based on traditional marriage but also included people who live together.
There were also court decisions relating to discrimination against homosexuals, the report said. “The national legislation of Cyprus undermines the Community’s directive of freedom of movement and is not consistent with article 13 that provides for the abolishing of discrimination related to sexual orientation,’ she said.
“I fully agree with Mrs Nicolaou,” said Modinos. “Cyprus will sooner or later have to recognise same sex partnerships, and I don’t think they should wait until the EU forces them. They should be preparing for it already.”
Modinos said if the British man was married to a female third-country national “there would not be a problem”.
He also said very little had changed in Cyprus since homosexuality was decriminalised in the mid nineties. There was still no awareness of the problems being faced by homosexuals, he said.
“Four years ago there was a law passed protecting my rights in the workplace,” said Modinos. “So far, not one complaint has been filed because if you complain, you will never find another job.”
Modinos said he personally knew eight Cypriot gay men who were involved with third-country nationals whose residence permits had expired. Four had applied for asylum, he said. One Iranian man’s asylum application had been turned down and he has gone into hiding rather than return to Iran where homosexuals can face the death penalty.
“The Ministry of Interior is going to have to start thinking what we are going to do about all this,” said Modinos.
