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Reactions to the amendment of the statutes of the ESK-Recommendations by Lottidis

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Αντιδρασεισ&mu ;ε την τροποποΙηση του καταστα&tau ;ικοy της ΕΣΚ-Συστασεις απo Λοττ iδη

In recommendations to the Cyprus Editors' Union to take the necessary actions to amend the relevant discretionary provision from its statutes, which will inevitably lead to the postponement of the upcoming elections for the nomination of a new Council and the deadline for submitting nominations to a later date date, says the Commissioner for Administration and Protection of Human Rights, Maria Stylianou-Lottidis.

Through her report, which she made public on Friday, regarding the discriminatory treatment of retired regular members of the Union of Editors Cyprus, due to the deprivation of the right to be elected, Ms. Lottidou addresses an invitation for consultations to the President of the ESK, as well as to the complainants, on November 28, 2022, at 12:00.

As mentioned in the Report, a complaint was submitted to the Office of the Cyprus Editors' Union, regarding its decision to deprive its regular members, who have retired, of the right to submit nominations for election as members of the ESK's Board of Directors.

Specifically, as added to the Report, the complainants informed that the ESK decided to amend its statutes, just a few days before the deadline for submitting nominations for the elections for the nomination of the new Board of Directors expired, with the consequent removal of the regular members, who are pensioners, the right to be elected to the Board of Directors.  

Consequently, according to the complainants, the said decision of the ESK constitutes “racism against the retired members of their age group”, since while they are still, after their retirement, regular members of the ESK, with the right to vote in the elections, are deprived of the right to be elected.

According to Ms. Lottidou “this, according to the complainants, contradicts article 5.1 of the ESK statute, according to which all regular members of the ESK have the right to elect and be elected”.

The Administrative Commissioner asks the question to what extent the reason invoked by the ESK for limiting and fragmenting the right to vote and be elected, is on the one hand legal, i.e. provided for by some law, is it legitimate, i.e. serves a legal purpose and finally the measures taken if are proportionate to the intended purpose.

It is noted that the reason cited by the ESK is that “colleagues who no longer participate in the labor market should not be authorized to have an executive role and make decisions for those who are still active in the labor market”, while it notes that “in no other trade union do they exercise pensioners have executive duties, which is why in most trade unions there are and are separate branches of pensioners”.

“On the contrary”, says the Commissioner, “it does not appear that the invoked reason constitutes a legitimate purpose in accordance with the provisions of Directive 2000/78/EC, as it has been incorporated into the Cypriot legal order and which clearly defines the reasons for which it can be justified any discriminatory treatment due to, among others, age, as has been extensively mentioned above as it is not related to employment, labor market or vocational training policy”.

She goes on to state in her Report that the reason they invoked “contradicts the spirit of non-participation they invoke by removing the election and at the same time offends the indivisible right to vote and be elected as a fundamental right in every democratic society, while moreover it offends the electoral itself body as the highest body in every democracy  and  reduces its value, since it is through their vote that the people decide the persons who will govern”.

In addition, he notes the specific different and unequal treatment of specific regular members by setting an upper age limit (in this case indirect when the retirement age arrives), constitutes a prohibited form of discrimination and adds that “discrimination is carried out against its retired regular members, due to their age, due to the less favorable position in which they are automatically placed as soon as they retire, compared to the rest of its regular members of the ESK which retain the right to be elected to the administrative bodies of the ESK”.

Source: www.reporter.com.cy

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