-8- principles of law, no discrimination may be made regarding foreign children's admission to nursery school”. (…) 44. In view of the evidence adduced by the applicants, which points to a discriminatory refusal of admission to school, they may moreover rely on Article 4 of Law No. 2008-496 of 27 May 2008 providing 'all persons who consider themselves to have suffered direct or indirect discrimination may submit the evidence establishing a presumption that discrimination has occurred to the relevant judicial authority. In the light of this information, the onus is on the defendant to prove that the measure in question was justified by objective circumstances in which discrimination played no part.' 45. In the light of the above, the mayor failed to advance objective reasons for the refusal of admission to school, which is clearly unlawful, violates the Education Code and the child's best interests and is of a nature to suggest that the refusal was in fact based on other considerations, such as this family's nationality and/or Roma origin. 46. On a number of occasions the HALDE has deemed that refusals of admission founded, whether or not directly, on the origin and/or nationality of the persons concerned, are discriminatory (Deliberation No. 2007-30 of 12 February 2007). Such a difference of treatment on grounds of origin may constitute discrimination as prohibited, inter alia, by Article 2 of the Law of 27 May 2008. 47. The Rights Defender notes that the refusal of admission to school in the summer of 2010 appears to have been based on the child's origin and decides to submit observations to this effect to the P Administrative Tribunal.” Medical assistance 18. Social Action and Family Code: “Article L. 251-1 (amended by Law No. 2012-958 of 16 August 2012 – Article 41 (V)) All foreign nationals who have resided in France for an interrupted period of at least three months without meeting the legal requirement referred to in Article L. 380-1 of the Social Security Code and whose incomes do not exceed the ceiling referred to in Article L. 861-1 of the said Code shall be entitled to state medical assistance, for themselves and their dependents, as defined in Article L. 161-14 and parts 1° to 3° of Article L. 313-3 of the said Code. In addition, anyone who does not reside in France but is present on French territory and whose state of health so warrants may, by a one-off decision of the minister responsible for social welfare, be granted state medical assistance (…).” “Article L. 254-1 (as established by Law No. 2003-1312 of 30 December 2003 – Article 97) The costs of emergency care whose absence could be life-threatening or lead to a serious, longterm deterioration of the health of the person concerned or a child to be born and is provided by medical establishments to foreign nationals residing in France who fail to meet the legal requirement referred to in Article L. 380-1 of the Social Security Code and are not entitled to state medical assistance under Article L. 251-1 shall be borne in accordance with the arrangements described in Article L. 251-2. A flat-rate grant for this purpose shall be paid by the state into the national health insurance fund for employees.”