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Alleged violation of Article E taken in conjunction with Article 11§1 by reason of
difficulties of access to health care
A – Submissions of the parties
1. The complainant organisation
134. Médecins du Monde underlines that the state of health of the Roma is generally a
cause for concern due, in particular, to the numerous difficulties they encounter when
accessing health services in France.
135. It refers to decision No. 2009-372 of 26 October 2009 of the French Equal
Opportunities and Anti-Discrimination Commission (HALDE), which stressed the need
for the Roma population to receive medical care and treatment. According to the
HALDE, this is all the more important because these populations suffer from very poor
health conditions upon their arrival in France and because the access to care is
hindered by language barriers, lack of knowledge by health and social services and their
unstable living conditions, linked in particular to the numerous evictions to which they
are subjected. The HALDE adds that this makes Romanian and Bulgarian Roma the
least cared-for migrant group and the only one for which there is no targeted
humanitarian policy ensuring their access to health and education.
136. Médecins du Monde stresses that evictions lead to breakdowns in medical care
and treatment and that links painstakingly established by health professionals, even with
persons who despite everything have registered for treatment, are broken by each
police operation or eviction. Following evictions and arrests, appointment dates and
times, letters, health records and documents which are essential to establish sickness
coverage are frequently lost or destroyed, thus breaking all the medical links that have
been established previously with difficulty.
2. The Government
137. The Government does not dispute the poor state of health of migrants in an
irregular situation but rejects the accusation of systematic discrimination against the
Roma with regard to access to health care. It states that while it shares the desire to
improve the state of health of all population groups in situations of extreme vulnerability,
it cannot be held responsible for the initial state of health of Roma migrants upon their
arrival in France.
138. The Government stresses the existence of the emergency care funds, which
enable the Government to respond to immediate needs of people not covered by the
Couverture maladie universelle (Universal Sickness Cover; CMU) or Aide médicale
d’Etat (State Medical Assistance; AME). It also points out that minor children of migrants
in an irregular situation are no longer subjected to the requirement of three months’
presence in the country to be able to benefit from AME.
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