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41.
The Committee therefore examines the allegations raised by the complainant
organisation from the perspective of whether the specific disadvantages faced by the
Roma population have been sufficiently taken into consideration and responded to by
the authorities. It considers the alleged discrimination in the enjoyment of the rights
guaranteed under the Charter as inseparable from the other violations alleged, given the
claim that the alleged discrimination specifically concerned persons because of their
ethnic origin.
42.
-
The Committee examines the alleged violations in the following order:
Article E in conjunction with Article 31 (right to housing);
Article E in conjunction with Article 16 (right of the family to social, legal and
economic protection);
Article E in conjunction with Article 30 (right to protection against poverty and social
exclusion);
Article E in conjunction with Article 19§8 (right of migrant workers and their families
to protection and assistance – guarantees concerning deportation);
Article E in conjunction with Article 17 (right of children and young persons to social,
legal and economic protection);
Article E in conjunction with Article 11 (right to protection of health);
Article E in conjunction with Article 13 (right to social and medical assistance).
ALLEGED VIOLATION OF ARTICLE E TAKEN IN CONJUNCTION WITH ARTICLE 31
OF THE CHARTER
Article E – Non-discrimination
“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.”
Article 31 – The right to housing
Part I: “Everyone has the right of housing.”
Part II: “With a view to ensuring the effective exercise of the right to housing, the Parties undertake to
take measures designed:
1.
to promote access to housing of an adequate standard;
2.
to prevent and reduce homelessness with a view to its gradual elimination;
3.
to make the price of housing accessible to those without adequate resources.”