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48.
The Government recalls that Article 31 cannot be interpreted “as imposing on
states an obligation of results”. In order for the rights enshrined in the Social Charter to
take a practical and effective form, the states parties are instead obliged to “adopt the
necessary legal, financial and operational means of ensuring steady progress towards
achieving the goals laid down by the Charter” (International Movement ATD Fourth
World v. France, Complaint No. 33/2006, decision on the merits of 5 December 2007,
§§ 59-60).
49.
The Government disputes the idea that the housing regulations in force were
discriminatory. If Médecins du Monde would further specify any discriminatory practices
of which the Roma population has fallen victim, such instances of discrimination, if
confirmed, were illegal and legal action could be brought against them.
50.
The Government refers to Act of 5 March 2007 establishing an enforceable right
to housing and introducing various measures to promote social cohesion (“the DALO
Act”), which introduced a fully-fledged housing strategy for the poorest households. This
legislative groundwork has been completed by Act of 25 March 2009 on action for
housing and against exclusion, followed by a national strategy for the accommodation
and access to housing of the homeless (2009-2012). As part of the strategy, the
Government underlines that new tools will be adopted by 2013, providing a new
framework for the arrangements for the reception, accommodation and integration of the
homeless. It makes reference, as an example, to the departemental plans for the
reception, accommodation and integration of homeless or poorly housed persons
(PDAHI), put in place in 2010 with the primary objective of organizing the supply of
housing to correspond better to the needs of the poor, as well as improving the way in
which people making use of these accommodation facilities are received.
51.
The Government points out that the DALO Act includes provisions on a two-stage
appeal system, the first being a friendly settlement procedure before the Mediation
Committee followed by, secondly, an appeal to an administrative court. Applicants who
have, on the one hand, been given priority status by the Mediation Committee, needing
to be accommodated as a matter of urgency, and have, on the other hand, not received
an offer on accommodation meeting their specific needs within the three-month time
limit, may lodge an appeal before an administrative court for it to make a housing or
rehousing order.
52.
Finally, the Government refers to the measures adopted by certain local
authorities to alleviate the urgent situation often faced by citizens of the European
Union, mostly of Roma origin, who settle without authorisation on undeveloped sites. In
particular, they have been promoting the development of “integration villages”, which
have necessitated major state investment and that of the local authorities concerned. It
thus emphasises the funding of urban and social studies (Mous) to assess families’
social circumstances and identify long-term housing solutions, amounting to about
€ 1 million in 2010 for the sole Département of Seine Saint-Denis and the city of
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