Cyprus/ Commissioner for the protection of children's rights/Public Statement by the Commissioner for the Protection of Children's Rights, regarding the statements of the Government Spokesperson, dated 10/11/2021.

Country

Cyprus

Title

Cyprus/ Commissioner for the protection of children's rights/Public Statement by the Commissioner for the Protection of Children's Rights, regarding the statements of the Government Spokesperson, dated 10/11/2021.

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Year

2021

Decision/ruling/judgment date

Monday, October 11, 2021

Incident(s) concerned/related

Other forms of hate speech

Related Bias motivation

Race/Ethnicity

Groups affected

Third country nationals

Court/Body type

National Human Rights Body

Court/Body

Commissioner for the protection of children's rights

Key facts of the case

After the end of a high-level meeting at the Presidential Palace on immigration, the government spokesperson issued the following official statement: "The most important thing that proves the critical nature of the problem [of immigration] is the data concerning pupils of immigrant background: in pre-primary education the number of such pupils exceeds 30% of the total, while in primary education it amounts to 16%". The Commissioner for the rights of the child issued a public statement against this on this same day.

Main reasoning/argumentation

The Commissioner found that the entire structure of the Government Spokesman's speech, the use of figures without explanation or differentiation, exacerbated feelings of insecurity, xenophobia and intolerance in society. She criticised the Government Spokesperson for purposely failing to specify the figures quoted, which may include children of mixed marriages, children of investors residing in Cyprus, children whose parents have a residence and work permit in Cyprus and children of asylum seekers, refugee children, unaccompanied children. The Commissioner stressed that children of a migrant background are first and foremost children and therefore a vulnerable group exposed to serious risks and daily infringement of their rights.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The state, society and the individual have an absolute duty to avoid targeting them and constructing them as a potential threat to society, as this will inevitably lead to their social exclusion and stigmatisation. Support for children is required to ensure that all their rights are safeguarded without discrimination; and access to education that is designed to meet their needs is crucial for their development and social integration. The multicultural character of Cypriot society commands respect for all the duties arising under the UN Convention on the rights of the child to ensure social peace.

Results (sanctions, outcome) and key consequences or implications of the case

The Commissioner for the protection of children's rights does not have power to impose sanctions. The swift response to the Spokesperson's statement and the strong language she used set an important precedent, albeit limited to where children's rights are at stake.

Key quotation in original language and its unofficial translation into English with reference details

"Τα παιδιά με μεταναστευτική βιογραφία είναι πρώτα πάνω απ’ όλα παιδιά. Αποτελούν μια ευάλωτη ομάδα εκτεθειμένη σε σοβαρούς κινδύνους και καθημερινή προσβολή των δικαιωμάτων τους. Είναι αδιαπραγμάτευτη αρχή και υποχρέωση του Κράτους, της κοινωνίας και του ατόμου, να αποφεύγεται η στοχοποίηση τους και η αντίκρισή τους ως μια εν δυνάμει απειλή που αναπόφευκτα δεν οδηγεί παρά σε κοινωνικό αποκλεισμό και στιγματισμό τους. Απαιτούμενο είναι η υποστήριξή των παιδιών ώστε να διασφαλίζονται αδιακρίτως όλα τους τα δικαιώματα."_"Children with an immigrant background are first and foremost children. They are a vulnerable group exposed to serious risks and daily violations of their rights. It is a non-negotiable principle and obligation of the State, society and the individual to avoid targeting them and viewing them as a potential threat that inevitably leads to nothing more than their social exclusion and stigmatisation. Support for children is required to ensure that all their rights are guaranteed without discrimination."

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.