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accordingly finds that France has failed to adopt a coordinated approach to promoting
effective access to housing for these persons who live or risk living in a situation of
social exclusion.
107. It also notices that the Government has failed to take specific measures in this
field towards the migrant roma population when it should have. Treating the migrant
Roma in the same manner as the rest of the population when they are in a different
situation constitutes discrimination.
108. Consequently, the Committee holds that there is a violation of Article E taken in
conjunction with Article 30.
ALLEGED VIOLATION OF ARTICLE E TAKEN IN CONJUNCTION WITH ARTICLE
19§8 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 19 – The right of migrant workers and their families to protection and assistance
Part I: “Migrant workers who are nationals of a Party and their families have the right to protection and
assistance in the territory of any other Party.”
Part II: “With a view to ensuring the effective exercise of the right of migrant workers and their families to
protection and assistance in the territory of any other Party, the Parties undertake:
(…)
8.
to secure that such workers lawfully residing within their territories are not expelled unless they
endanger national security or offend against public interest or morality;
(…)”
A – Submissions of the parties
1. The complainant organisation
109. Médecins du Monde considers that the expulsions of Roma families of Romanian
and Bulgarian origin are in breach of Article 19§8 of the Charter since they are collective
expulsions. It underlines that the authorities do not examine the specific situations of
individuals and police officers visit camps with completed expulsion orders with nothing
missing but names. It also notes the very brief time period allowed for a judicial appeal
against a prefectural order to be escorted to the border. Médecins du Monde also
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