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B – Assessment of the Committee
139. The Committee recalls that the healthcare system must be accessible to
everyone (Conclusions 2007, Albania) in particular to disadvantaged groups which
should not be victims of discrimination (Conclusions XVII-2 and 2005, Statement of
interpretation on Article 11, §5).
140. The Committee also recalls that the right of access to healthcare requires that the
cost of healthcare should be borne, at least in part, by the community as a whole
(Conclusions I, Statement of Interpretation on Article 11; Conclusions XV-2, Cyprus).
This also requires that the cost of healthcare must not represent an excessively heavy
burden for the individual. Steps must therefore be taken to reduce the financial burden
on patients, in particular those from the most disadvantaged sections of the community
(Conclusions XVII-2, Portugal).
141. The Committee adds that when ruling on situations where the interpretation of the
Charter concerns the rights of a child, it considers itself bound by the internationally
recognised principle of the best interests of the child (Defence for Children International
(DCI) v. the Netherlands, complaint No. 47/2008, decision on the merits of 20 October
2009, §29). In this regard, it refers to the Convention on the Rights of the Child of
20 November 1989, in particular to Article 24, which states that:
“1. States parties recognize the right of the child to the enjoyment of the highest attainable standard
of health and to facilities for the treatment of illness and rehabilitation of health. States parties shall
strive to ensure that no child is deprived of his or her right of access to such health care services.
2. States parties shall pursue full implementation of this right and, in particular, shall take appropriate
measures: (…)
(b) To ensure the provision of necessary medical assistance and health care to all children with
emphasis on the development of primary health care; (…)
(d) To ensure appropriate pre-natal and post-natal health care for mothers (…)”
142. The Committee notes that the allegation of Médecins du Monde on the
breakdowns in medical care and treatment due to evictions is not contested by the
Government. The Committee stresses, in addition, that this situation is underlined by the
HALDE in its decision No. 2009-372 of 26 October 2009, noting that the state authorities
confirm that, during the eviction operations, the personal situation of the individual, from
the standpoint of the continuation of their health treatment, is not taken into
consideration or monitored.
143. In its above-mentioned decision, the HALDE stresses that the migrant Roma of
Romanian and Bulgarian origin residing in France for less than 3 months do not benefit
from any social protection and that, despite the fact that minor children may benefit from
AME without restrictions, in practice their requests are usually rejected. Moreover, the
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