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Alleged violation of Article 13§4 by reason of a lack of medical assistance for
migrant Roma lawfully resident or regularly working in France for less than three
months
176. As stated above (see §173) the universal sickness coverage (couverture maladie
universelle - CMU) is not applicable to the migrant Roma having resided in France
lawfully or worked there regularly for less than three months. The Committee considers
that this constitutes an unjustified difference in treatment with nationals.
177.
The Committee therefore holds that there is a violation of Article 13§4.
Alleged violation of Article 13§4 by reason of the failure to provide emergency
medical assistance to migrant Roma not residing lawfully or not working regularly
in France
178. The Committee recalls that Article 13§4 confers on foreign nationals the right to
emergency social and medical assistance. States are required to provide appropriate
short-term assistance to those in immediate and urgent need (such assistance may
involve the provision of accommodation, food, emergency medical care and clothing).
The beneficiaries of this right to emergency social and medical assistance include
foreign nationals who are lawfully present within the territory of a given state but do not
have resident status, as well as foreign nationals unlawfully present in the country
(Conclusions 2009, Andorra, Article 13§4).
179. The Committee notes that Médecins du Monde makes arguments that concern
medical assistance. More precisely, they concern emergency medical assistance for the
migrant Roma not residing in France legally or working there regularly. The Committee
notes however that these arguments are very much underdeveloped.
180. The Committee recalls having already indicated that the situation in France with
regards to emergency assistance for non-residents is in conformity with Article 13§4
because all foreigners present on the French territory, whether lawfully or unlawfully, are
entitled to emergency medical assistance (see Conclusions 2009, France, Article 13§4).
181. Moreover, as concerns the obligation of an annual payment of 30€ charged for
the ability to benefit from the AME, the Committee notes that arguments on its impacts
from the viewpoint of the Charter have been presented by neither Médecins du Monde
nor the Government. It notes that as such, this obligation has been abolished by the law
No. 2012-958 of 16 August 2012. The Committee does therefore not pronounce on the
issue.
182. As a conclusion, the Committee holds that there is no violation of Article 13§4
with regard to the emergency medical assistance provided for migrant Roma not
residing in France lawfully or not working there regularly, as alleged by Médecins du
Monde.
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