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B – Assessment of the Committee
98.
The Committee observes that the Roma of Romanian and Bulgarian origin
referred to in this complaint include families.
99.
The Committee notes that the first issue raised by Médecins du Monde with
regards to family benefits concerns exclusively migrant Roma not lawfully resident in
France. It recalls that Article 16 is not applicable to them due to the limitations in the
Appendix to the Charter and there can therefore be no violation of Article 16 on this
matter.
100. As for the other issue raised by Médecins du Monde is concerned, the Committee
recalls that, in accordance with the principle of equal treatment, Article 16 requires
states parties to ensure the protection of vulnerable families, including Roma families
(see European Roma and Travellers Forum (ERTF) v. France, Complaint No. 64/2011,
decision on the merits of 24 January 2012, §143). Consequently, the Committee holds
that the finding of a violation of Article E taken in conjunction with Article 31 concerning
the right to housing of the Roma of Romanian and Bulgarian origin either lawfully
residing or working regularly in France brings about also a violation of Article E taken in
conjunction with Article 16.
101. As a conclusion, the Committee holds that there is a violation of Article E taken in
conjunction with Article 16.
ALLEGED VIOLATION OF ARTICLE E TAKEN IN CONJUNCTION WITH ARTICLE 30
OF THE CHARTER
Article E – Non-discrimination
“The enjoyment of the rights set forth in this Charter shall be secured without discrimination on any ground
such as race, colour, sex, language, religion, political or other opinion, national extraction or social origin,
health, association with a national minority, birth or other status.”
Article 30 – The right to protection against poverty and social exclusion
Part I: "Everyone has the right to protection against poverty and social exclusion."
Part II: "With a view to ensuring the effective exercise of the right to protection against poverty and social
exclusion, the Parties undertake:
a.
to take measures within the framework of an overall and co-ordinated approach to promote the
effective access of persons who live or risk living in a situation of social exclusion or poverty, as
well as their families, to, in particular, employment, housing, training, education, culture and social
and medical assistance;
b.
to review these measures with a view to their adaptation if necessary."
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