- 31 -
81.
The Committee holds that, with regard to their expulsion from sites where they
have settled illegally, the situation of migrant Roma has not improved since its finding of
a violation of Article 31§2 (see Commission Nationale Consultative des Droits de
l’Homme, Avis sur le respect des droits des “gens du voyage” et des Roms migrants au
regard des réponses récentes de la France aux instances internationales, adopté en
assemblée plénière le 22 mars 2012, §§54-55; Collectif National Droit de l’Homme
Romeurope, Rapport 2010-2011, Les Roms, boucs-émissaires d’une politique
sécuritaire qui cible les migrants et les pauvres, février 2012, sp. pp. 17-18;
Observatoire régional de santé d’Ile-de-France, Situation sanitaire et sociale des “Roms
migrants” en Ile-de-France, janvier 2012, p. 27). It therefore considers that the violation
of Article E read in conjunction with Article 31§2 persists.
82.
Consequently, the Committee holds that there is a violation of Article E read in
conjunction with Article 31§2.
Alleged violation of Article E taken in conjunction with Article 31§2 by reason of a
lack of sufficient measures to provide emergency accommodation and reduce
homelessness
A – Submissions of the parties
1. The complainant organisation
83.
Médecins du Monde gives the example of systematic refusals to grant Roma
families accommodation under the Act of 5 March 2007 establishing an enforceable right
to housing (the DALO Act) on the grounds that there was no evidence of "115" calls (the
telephone number of the centre responsible for finding and placing people in emergency
accommodation), which evidence, according to Médecins du Monde, is impossible to
obtain.
84.
Médecins du Monde stresses that the solutions rarely offered by the public
authorities do not correspond to the common legal definition of housing but rather to that
of emergency accommodation. Such an accommodation is very ill suited to the needs of
these people because the members of a family are often separated and the housing is
offered for a very short time (from three to four nights). Afterwards, the people are
returned to the street. Such offers of emergency accommodation therefore fail to prevent
and reduce homelessness, as required by Article 31§2 of the Charter. According to
Médecins du Monde, the granting of emergency accommodation entails discriminatory
treatment on the basis of origin.
2. The Government
85.
The Government does not make any additional arguments relating to the nature
of the emergency accommodation and the reduction of homelessness other than those
made under Article 31§1 concerning access to housing. It adds only that the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents