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).

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