- 52 - 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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