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Council of Europe Commissioner for Human Rights, following his visit to France from 21
to 23 May 2008, found that the Roma in France have little access to medical care in
practice (see Memorandum by Thomas Hammarberg, commDH(2008)34, 20 November
2008, §151).
144. The Committee considers that the state has failed to meet its positive obligation
to ensure that migrant Roma, whatever their residence status, including children, enjoy
an adequate access to health care, in particular by failing to take reasonable steps to
address the specific problems faced by Roma communities stemming from their often
unhealthy living conditions and difficult access to health services.
145. The Committee therefore holds that there is a violation of Article E taken in
conjunction with Article 11§1.
Alleged violation of Article E taken in conjunction with Article 11§2 by reason of a
lack of information and awareness-raising for the migrant Roma and of
counseling and screening on health issues
A – Submissions of the parties
1. The complainant organisation
146. Médecins du Monde underlines the lack of information provided by the public
authorities to the migrant Roma on, on the one hand, their rights and, on the other hand,
the organisation of the health system, resulting in a failure to respect their right to health
protection as enshrined in Article 11§2. Médecins du Monde stresses that the only
instances to take such an action are voluntary associations and nearly never the public
authorities. This results in a high level of misunderstanding between health
professionals and the Roma population.
147. According to Médecins du Monde, women's health is a particular cause for
concern, above all from the standpoint of mother and child health, including multiple
unsupervised pregnancies, repeated abortions with no follow up, and negligence in the
use of contraceptives. Médecins du Monde finds that in Ile-de-France, only one roma
woman in ten is monitored during her pregnancy and also only one roma woman in ten
of childbearing age uses contraception. It adds that prevention of childhood illnesses
and rickets is very fragmentary.
2. The Government
148. The Government refers to the emergency care fund, which offers a means of
tackling the most serious health problems such as the health of pregnant women and
childhood illnesses. According to the circular DHOS/DSS/DGAS No. 2005-141 of
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