Human Dignity in Cyprus

Abstract

Human dignity is understood as a natural right in Cyprus. Bearers of this right are private persons who are protected through civil laws aimed at restitution for non-material damage occurring through violation of human dignity. The Constitution grants protection against torture, humiliation, slavery and forced labour; it guarantees personal freedom and security, crucial with regards to pre-trial detention, as well as the defendant’s rights, such as avoidance of disproportionate sentencing. Rights to privacy and freedom of communication are also protected, although the retention of data remains somewhat problematic. Domicile is also inviolable under the Constitution. Protection of freedom of conscience and beliefs as well as their expression is fundamental. Balancing judgments regarding religious beliefs and hate is an especially delicate and crucial issue. Whereas hatred seems undoubtedly criminalized in Cyprus, freedom of expression seems to leave no place for significant protection of reputation. Equally fundamental is the right to equality, whereby its violation might jeopardize political liberties. Human dignity is protected as decent and socially secure living in positive law. Regarding the right to access to justice, human dignity may be infringed upon when unreasonable delays in adjudication occur. Topics of specific interest are the protection of victims of crime, protection from entrapment and active police intrusion, guarantee of the right against self-incrimination and freedom from forced confessions.