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A – Submissions of the parties
1. The complainant organisation
92.
Médecins du Monde underlines that the Roma population, whom the complaint
concerns, is largely composed of families.
93.
Médecins du Monde requests the Committee to find a violation of the Charter on
account of the withdrawal of family benefits previously distributed to certain migrant
Roma. While the claim is submitted under Article 13§1, the Committee decides to
consider it under Article 16, since it is the provision of the Charter establishing the right
of the family to social, legal and economic protection.
94.
Médecins du Monde stresses that, at first, family benefits were granted to all
Romanian and Bulgarian nationals with no condition of a legal residence on the basis of
an internal circular of the national family insurance fund (CNAF) of 16 January 2007. By
means of a new CNAF circular (of 18 June 2008), the eligibility for family benefits has
been limited to nationals of the European Union who satisfy the lawful residence
condition. Several local family allowance funds (CAFs) have therefore interrupted the
benefit payments to inactive nationals of the European Union. Despite another circular
(CNAF circular 2009-022 of 21 October 2009) specifying that the CAFs were not entitled
to verify the right to residence of persons already receiving family allowances, it appears
that many of the CAFs continue to refuse to reverse the decisions suspending Roma
families' benefits, which is, according to Médecins du Monde, not in conformity with the
Charter.
95.
Médecins du Monde reiterates, secondly, from the viewpoint of Article 16, the
grounds set out under Article 31 concerning the entitlement to housing of Roma families
of Romanian and Bulgarian origin.
2. The Government
96.
As concerns family benefits, the Government underlines that lawful residence is a
requirement of eligibility for social assistance and housing and has a direct impact on
the health care scheme. This is a general principle of all social protection in France and
may in any case not be considered discriminatory because it is based on an objective
evaluation of the circumstances. It adds that Roma populations with lawful residence in
France have the same rights and access to social benefits as other lawfully resident
foreign nationals or French citizens.
97.
The Government does not make different arguments on the issue of families and
their housing than those made under Article 31 on the right to housing.
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