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153. The Committee notes that a 2005 report by the Conseil National de
l’Habitat (CNH) (National Council for Housing) on the “Fight against
discrimination in access to housing” confirms that the great majority, if not all,
discriminatory practices on access to housing are based on nationality or
origin of applicants (the name, or racial/ethnic features of the applicant being
decisive factors for a refusal). The Committee furthermore notes from another
source that there have been a number of cases of eviction of Roma in which
the response of the French authorities has been alleged to be not in
conformity with human rights standards, namely the clearing of around 600
Roma gypsies from a shantytown where they had been living for more than a
year in the north Paris suburb of Saint-Denis in September 2007. The source
indicates that the families were moved in a "very brutal way", at least 400 of
them had disappeared and would probably resurface in other shanties north of
Paris with no electricity or water.
154. In general, the Committee observes that the Government has not
provided any substantial counter arguments to the complainant organisation’s
analysis and that its own submissions often contain a certain number of
arguments which point to the inability or persisting failure of the local
authorities to redress the problems that exist in respect of the housing of
Traveller groups. Despite the efforts of central and local authorities in this
area and the positive results that have been achieved at times, there appears
to have been a long period during which local authorities and the State have
failed to take into account to a sufficient degree the specific needs of the
Roma/Traveller community.
155. The Committee therefore holds that the deficient implementation of
legislation on stopping places for Travellers constitutes a violation of Article
31§3 of the Revised Charter in conjunction with Article E.
FOURTH PART : ON THE ALLEGED VIOLATION OF ARTICLE 16 OF THE
REVISED CHARTER, ALONE OR TAKEN IN CONJUNCTION WITH
ARTICLE E OF THE REVISED CHARTER
156.
Article 16 of the revised European Social Charter reads as follows:
“Part I: The family has 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.”
157.
Article E of the 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.”
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