36
132. The Committee notes another particularly important problem in the
allocation system: according to the relevant legislation prefects are entitled to
allocate a certain contingent of social housing to persons considered by the
law as being in a priority situation of need (Article L 441-1 of the Building and
Housing Code, see §38 above), but this procedure does not appear to be
used to a significant extent in practice.
133. Therefore, the Committee holds that the malfunctioning of the social
housing allocation system, and of the related remedies, constitute a violation
of Article 31§3 of the Revised Charter
THIRD PART : ON THE ALLEGED VIOLATION OF ARTICLE 31 OF THE
REVISED CHARTER, TAKEN IN CONJUNCTION WITH ARTICLE E OF
THE REVISED CHARTER, ON THE GROUNDS OF DISCRIMINATION
AGAINST ROMA AND TRAVELLERS
134.
Article E of the European Social Charter reads as follows:
“The enjoyment of the rights set forth in this Charter shall be secured without
discrimination on any ground such as race, colour, sex, language, religion,
political or other opinion, national extraction or social origin, health, association
with a national minority, birth or other status.”
A.
Arguments of the parties
a) ATD Fourth World
- Itinerant travellers
135. ATD Fourth World highlights the discrepancy that exists in practice
between the provisions of the départements’ plans and the proportion of camp
sites actually set up (only 18 %). The complainant organisation also draws
attention to the fact that the National Association of Catholic Travellers
(ANGVC) has reported to the HALDE (Discrimination and Equality
Commission) the discriminatory order issue by the mayor of the municipality of
Herblay on 17 January 2005, on the grounds that it prohibits (Article 1),
throughout municipal territory, the parking of mobile homes belonging to “socalled itinerant travellers” and makes it more difficult for the children to go to
school.
- Settled travellers
136. The regulations implementing the Travellers Act of 5 July 2000
stipulate that housing arrangements must be adapted to the cultural and
occupational features and family situation of travellers, with due regard for
specific constraints (inadequate income, desire for schooling: Circular
UHC/IUH1/12 No. 2001-49 of 5 July 2001).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents