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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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