- 30 - 76. The Committee recalls that the conditions of the eviction procedure described above apply to all migrants, irrespective of their legal situation in France, since these are rights linked to life and dignity (see above, §34). 77. The Committee refers to several sources, according to which the evictions of migrant Roma are conducted without respect of the basic conditions prescribed by the Charter, in particular in breach of the dignity of the persons concerned (for example, without consideration of the presence of children, pregnant women, elderly, sick or disabled persons; destructing possessions) (see Collectif National Droits de l’Homme Romeurope, Rapport 2010-2011, “Les Roms, boucs-émissaires d’une politique sécuritaire qui cible les migrants et les pauvres”, February 2012, sp. pp.17-18). 78. The Government does not reject the arguments of Médecins du Monde on intimidation, harassment, unjustified instances of violence and destruction of personal property that often accompany the evictions of migrant Roma families. It explains the manner in which evictions are conducted with the intention of “bringing to an end” the unlawful situation infringing upon the rights of property owners, as well as the rights of the Roma themselves living in conditions incompatible with dignity and public health requirements. 79. In the instant case, the Committee notes that the legal protection afforded to the Roma under threat of eviction is insufficient and that eviction procedures can take place at any time of the year including winter and night or day. It considers that this situation does not ensure the respect of human dignity. 80. The Committee points out that evictions must not render the persons concerned homeless (European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 31/2005, decision on the merits of 18 October 2006, §57) and that the principle of equal treatment implies that the state should take measures that are appropriate in the particular circumstances of the Roma in order to safeguard their right to housing and prevent them, as a vulnerable group, from becoming homeless (see, mutatis mutandis, European Roma Rights Centre (ERRC) v. Italy, Complaint No. 27/2004, decision on the merits of 7 December 2005, §21). The Committee considers that France has failed to demonstrate that offers of appropriate alternative accommodation of a sufficiently longterm are made to the Roma urged to leave, or evicted from, an illegally occupied site. Under such circumstances, urging them to leave sites on which they have settled – even illegally – and evicting them if they refuse to comply while not offering suitable long-term alternative accommodation, adds to the failure to respect these people’s right to housing. The Committee stresses that, in the light of these criteria, the Committee has held that the situation in France constituted a breach of Article E read in conjunction with Article 31§2 of the Charter in its decision of 24 January 2012 on the merits in complaint European Roma and Travellers Forum (ERTF) v. France, No. 64/2011, §§ 130-135.

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