- 40 Part II: “With a view to ensuring the effective exercise of the right of children and young persons to grow
up in an environment which encourages the full development of their personality and of their
physical and mental capacities, the Parties undertake, either directly or in co-operation with public
and private organisations, to take all appropriate and necessary measures designed:
1
a) to ensure that children and young persons, taking account of the rights and duties of their
parents, have the care, the assistance, the education and the training they need, in particular by
providing for the establishment or maintenance of institutions and services sufficient and adequate
for this purpose;
b) to protect children and young persons against negligence, violence or exploitation;
c) to provide protection and special aid from the state for children and young persons temporarily
or definitively deprived of their family’s support;
2.
to provide to children and young persons a free primary and secondary education as well as to
encourage regular attendance at schools.”
A – Submissions of the parties
1. The complainant organisation
118. According to Médecins du Monde, France does not provide effective access to
education for Roma children. It refers to a report of February 2010 by Romeurope
entitled “La non-scolarisation en France des enfants roms migrants” and to its own
observations.
119. Médecins du Monde notes in particular that, when registering children for school,
families are often faced with unreasonable requirements for documentation, including an
administrative certificate of residence, even though the only documents required by law
are the child's birth certificate and health record. It also draws attention to unjustified
delays in the registration and allocation procedures. Prior appointments – which are not
required in the case of the other children – may be required and elected members of the
municipality may have to be consulted. According to Médecins du Monde, this is a
question of abnormal and discriminatory procedures in violation of Article E. It adds that
mayors do not take any active steps to establish the number of children who are not
being educated, contrary to Article R 131-3 of the Education Code, obliging the mayor of
each municipality to list all the children subject to compulsory schooling. Finally,
repeated evictions of children from their place of residence inevitably have harmful
consequences for their educational opportunities.
120. In addition, Médecins du Monde, underlines that schools are often situated far
from Roma children's living environment and that the provision of school transport, as
well as its cost, do not match the special needs of these Roma children. It adds that
canteen charges are not adapted as certain municipalities charge the maximum amount
because the families have no documentary proof of their lack of resources.
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