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Council found that this complied with the constitution for the following reason: “payment
of the contribution introduced by Section 188 of the Act in question is not a condition for
free access to the emergency care provided for in Article L. 254-1 cited above. In view of
its amount, this contribution is compatible with the constitutional requirements of the
eleventh paragraph of the Preamble to the 1946 Constitution”. The Government also
stresses that minors do not have to pay this contribution.
170. Lastly, the Government points out that France is one of the European countries
providing the most extensive access to health care for migrants in an irregular situation.
B – Assessment of the Committee
171. First, the Committee observes that Article 13 is invoked by Médecins du Monde
as a whole. In the light of the submissions, the Committee considers that the allegations
raised by Médecins du Monde relate more precisely to Article E taken in conjunction
with Article 13§1 and to Article 13§4.
Alleged violation of Article E taken in conjunction with Article 13§1 by reason of a
lack of medical assistance for migrant Roma lawfully resident or working regularly
in France for more than three months
172. The Committee recalls that legislation or practice denying entitlement to medical
assistance from foreign nationals within the territory of a state party is contrary to the
Charter (International Federation of Human Rights Leagues (FIDH) v. France, Complaint
No. 14/2003, decision on the merits of 8 September 2004, §32). It also recalls that
Article 13§1 provides that in the event of sickness, people without adequate resources
should be granted financial assistance for the purpose of obtaining medical care or
provided with such care free of charge (European Roma Rights Centre (ERRC) v.
Bulgaria, complaint No. 46/2007, decision on the merits of 3 December 2008, §44).
173. The Committee underlines that according to the French legislation, migrants
lawfully resident or working regularly in France benefit from sickness and maternity
insurance (universal sickness coverage; couverture maladie universelle - CMU) on the
same conditions as the French population. In order to be affiliated to the general
scheme of the CMU, it is nevertheless necessary to justify having resided in France for
an uninterrupted period of over three months.
174. The Committee notes that, even though the legislation is applied to the migrant
Roma residing lawfully or working regularly in France for more than three months, it
emanates from the case file that the implementation of the legislation raises difficulties
and is insufficient (see the above decision on Article 11§1, §144), which constitutes a
violation of Article E taken in conjunction with Article 13§1.
175. The Committee therefore holds that there is a violation of Article E taken in
conjunction with Article 13§1.
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