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131. The Committee notes also that, according to the 10th national report of France on
the implementation of the European Social Charter (revised), the enrolment rate in
schools for the general population is 100 per cent (see Conclusions 2011, France,
Article 17§2). This differs appreciably from the information provided by Médecins du
Monde that has not been questioned by the Government on the school enrolment
figures of Roma children of Romanian and Bulgarian origin. For instance, a study
presented in the report of February 2010 by Romeurope titled “La non-scolarisation en
France des enfants roms migrants” (p. 14) shows that, for the school year 2008-2009,
out of the 1132 school-aged Roma children living in Marseille, Lyon and Nantes, only
335 (29.59%) were registered for school and 168 (14.84%) of them did go to school.
132. The Committee underlines that it appears from the case file that the Government
does not take special measures, which should be taken for the benefit of members of a
vulnerable group, in order to ensure equal access to education for Roma children of
Romanian and Bulgarian origin. It concludes that the French education system is not
sufficiently accessible to these children.
133. The Committee therefore holds that there is a violation of Article E taken in
conjunction with Article 17§2.
ALLEGED VIOLATION OF ARTICLE E TAKEN IN CONJUNCTION WITH ARTICLE 11
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 11 – The right to protection of health
Part I: “Everyone has the right to benefit from any measures enabling him to enjoy the highest possible
standard of health attainable.”
Part II: “With a view to ensuring the effective exercise of the right to protection of health, the Parties
undertake, either directly or in co-operation with public or private organisations, to take
appropriate measures designed inter alia:
1.
to remove as far as possible the causes of ill-health;
2.
to provide advisory and educational facilities for the promotion of health and the encouragement
of individual responsibility in matters of health;
3.
to prevent as far as possible epidemic, endemic and other diseases, as well as accidents.”
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