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158. The Committee considers that ATD Fourth World’s complaints in
respect of Article 16 of the revised Charter, in isolation or taken in conjunction
with Article E of the revised Charter, overlap by and large with the complaints
in respect of Article 31, that there is therefore no need to examine them again
with reference to Article 16.
FIFTH PART : ON THE ALLEGED VIOLATION OF ARTICLE 30 OF THE
REVISED CHARTER
159.
Article 30 of the revised European Social Charter reads as follows:
“Part I: Everyone has the right to protection against poverty and social exclusion.”
“Part II: With a view to ensuring the effective exercise of the right to protection against
poverty and social exclusion, the Parties undertake:
a
to take measures within the framework of an overall and co-ordinated
approach to promote the effective access of persons who live or risk living in
a situation of social exclusion or poverty, as well as their families, to, in
particular, employment, housing, training, education, culture and social and
medical assistance;
b
to review these measures with a view to their adaptation if necessary.”
A.
Arguments of the parties
a)
ATD Fourth World
160. ATD Fourth World considers that the lack of housing has
consequences for families and their access to rights. The umbrella
organisation Pour un Droit au Logement Opposable (For an Enforceable Right
to Housing), of which ATD Fourth World is a member, estimates that there are
currently three million people lawfully in France who are homeless or badly
housed. The families in the Cité de promotion familiale and those who have
applied for a place have all experienced this ordeal and can bear witness to
the process of exclusion that follows. Loss or lack of housing creates a form of
residential insecurity that reinforces their social insecurity. Failure to enforce
their right to housing has serious, multiple and mutually reinforcing
consequences in terms of growing exclusion.
161. Lack of decent housing also has numerous consequences for
individuals . The first concern family ties, with the risk of break-up between
spouses or between parents and children, and of the family’s relations with
the world outside. It also affects the ability to find and keep a job – no
employment is possible without an address – thus reinforcing individuals’
vulnerability. There are consequences for health, since badly housed families
often suffer deteriorating health, while lack of proper sanitation makes it
difficult to maintain a satisfactory level of hygiene. There is also an
educational effect, since the schooling of disadvantaged children is often
disturbed, intermittent and discontinuous, and hindered by their instability as
they share their parents’ pain and distress. Finally there are consequences for
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