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129. Having regard to the continuing substandard housing conditions on these camp sites and
since the Government has not established that it has taken sufficient measures to guarantee the
Roma living there housing conditions meeting minimum standards, the Committee holds that the
situation is in breach of Article E taken in conjunction with Article 31§2.”
90.
The Committee recalls having considered that the housing conditions described
in the present complaint failed to comply with the requirements of Article 31§1 on part of
housing (see §66 above). As for the determination of whether these conditions comply
with the requirements of Article 31§2 as regards the right to shelter and with Article E
(non-discrimination), notably for the determination of whether the housing conditions
take into account the specific situation of the groups of people concerned that calls for
appropriate responses, the Committee notes that the situation has not changed since its
abovementioned decision of 24 January 2012 in complaint No. 64/2011 (see
Commission Nationale Consultative des Droits de l’Homme, Avis sur le respect des
droits des “gens du voyage” et des Roms migrants au regard des réponses récentes de
la France aux instances internationales, adopté en assemblée plénière le 22 mars 2012,
§53; Observatoire régional de santé d’Ile-de-France, Situation sanitaire et sociale des
“Roms migrants” en Ile-de-France, janvier 2012, p. 26-27) and that the violation persists.
91.
As a consequence, the Committee holds that there is a violation of Article E taken
in conjunction with Article 31§2.
ALLEGED VIOLATION OF ARTICLE E TAKEN IN CONJUNCTION WITH ARTICLE 16
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 16 – The right of the family to social, legal and economic protection
Part I: “The family as a fundamental unit of society has the right to appropriate social, legal and
economic protection to ensure its full development.”
Part II: “With a view to ensuring the necessary conditions for the full development of the family, which is a
fundamental unit of society, the Parties undertake to promote the economic, legal and social protection of
family life by such means as social and family benefits, fiscal arrangements, provision of family housing,
benefits for the newly married and other appropriate means.”
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