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Complaint No EUROPEAN COMMITTEE OF SOCIAL RIGHTS COMITE EUROPEEN DES DROITS SOCIAUX 6 May 2008 Case document No. 1 European Roma Rights Centre v. France Complaint No. 51/2008 COMPLAINT Registered at the Secretariat on 17 April 2008 EUROPEAN ROMA RIGHTS CENTRE 1386 Budapest 62, P.O. Box 906/93, Hungary Phone: (36-1) 413-2200; Fax: (36-1) 413-2201 E-mail: [email protected] http://errc.org Budapest, 17 April 2008 Secretariat of the European Social Charter Directorate general of Human Rights and Legal Affairs Directorate of Monitoring F-67075 Strasbourg Cedex Collective Complaint European Roma Rights Centre v. France Table of Contents I. Admissibility I.1. State Party I.2. Articles Concerned I.3. Standing of the European Roma Rights Centre II. Subject Matter of the Complaint II.1. Article 16, Article 19, Article 30, Article 31, Article E of the Revised European Social Charter and the Right to Housing in the ECSR’s jurisprudence and relevant international standards III. The Factual Profile of France’s Violation of Article 16, Article 19, Article 30 and Article 31 Independently of and/or in Conjunction with the Article E Ban on Discrimination III.1. Institutionalised social exclusion of Travellers under French law III.2. Inadequate implementation of laws concerning the establishment of halting areas for Travellers III.3. Summary justice: preventative measures against the installation of Travellers sites, disproportionate punitive sanctions and “express” forced collective evictions of Travellers trespassing on public / private property III.4. Inadequate positive measures to promote the access of Travellers to materially and culturally adequate housing III.5. Lack of national policy on provision of housing to immigrant Romani families lawfully residing in France IV. Conclusions I.1. State Party 2 I.1.01. France: High Contracting Party to the Revised European Social Charter (hereafter “RESC”) since 7 May 1999; accepted supervision under the collective complaints procedure provided for in Part IV, Article D, paragraph 2 of the Charter in accordance with the Additional Protocol to the ESC providing for a system of collective complaints from May 1999. It should be noted that France considers itself bound by all articles of Part II of the Revised Charter and has not entered any reservation / declaration in relation to 1 any of those articles. 1.2. Articles Concerned 1.2.01 Article 16 – “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.” 1.2.02 Article 19 – “With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Party, the Parties undertake: 4. to secure for such workers lawfully within their territories, insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities, treatment not less favourable than that of their own nationals in respect of the following matters: [...] c. accommodation;” 1.2.03 Article 30 – “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 coordinated 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.” 1.2.04 Article 31 – “With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed: 1. to promote access to housing of an adequate standard; 2. to prevent and reduce homelessness with a view to its gradual elimination; 3. to make the price of housing accessible to those without adequate resources.” 1.2.05 Read independently and/or in conjunction with: Article E: “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.” 1.3 Standing of the European Roma Rights Centre 1.3.01. The European Roma Rights Centre (hereinafter “ERRC”) is an international non-governmental organisation (NGO) with consultative status with the Council of Europe. The ERRC is one of the organisations entitled to lodge collective complaints under the ESC/RESC mechanism. Under Part IV, 1 See list of Accepted Provisions of the Revised European Social Charter by France at http://www.coe.int/t/e/human_rights/esc/1_general_presentation/Provisions_en.pdf See also List of Reservations / Declarations available at http://conventions.coe.int/Treaty/Commun/ListeDeclarations.asp?NT=163&CM=7&DF=26/10/2005&CL=ENG &VL=1 3 Article D, referring to the provisions of the second additional protocol, Parties recognise the right of international non-governmental organisations which have consultative status with the Council of Europe and are listed as having standing before the ESC/RESC mechanism to submit collective complaints to the European Committee of Social Rights, irrespective of whether the organisations concerned come under the jurisdiction of any of the State Parties to the ESC/RESC. The ERRC has standing with the ESC/RESC collective complaint mechanism since June 20022 and is currently registered in the list of international NGOs entitled to submit a collective complaint for the period between 1 July 2006 – 30 June 2010.3 1.3.02. In addition, under Article 3 of the Second Additional Protocol of the ESC, the international non-governmental organisations referred to in Article 1(b) may submit complaints with respect to those matters regarding which they have been recognised as having particular competence. The ERRC is a Budapest-based international public interest law organisation which monitors the human rights situation of Roma in Europe and provides legal defence in cases of abuse. Since its establishment in 1996, the ERRC has undertaken first-hand field research in more than twenty countries, including France, and has disseminated numerous publications, from book-length studies to advocacy letters and public statements. In November 2005, the ERRC published a country report on the human rights situation of Gypsies, Travellers and Romani migrants in France entitled “Always Somewhere Else: Anti-Gypsyism in France”. In March 2007, the ERRC and the Portuguese Numena Centre published a report entitled Social Inclusion Through Social Services: the case of Roma and Travellers – Assessing the Impact of National Action Plans for Social Inclusion in Czech Republic, France and Portugal. The ERRC continues to monitor the situation of Travellers in France. ERRC publications on France and other countries, as well as additional information about the organisation, are available on the Internet at: http://www.errc.org 1.3.03. Furthermore, the standing of the ERRC is well established as it has successfully submitted the following complaints: • No. 15/2003 European Roma Rights Centre (ERRC) v. Greece; lodged on 4 April 2003; Resolution Resolution ResChS(2005)11 issued on June 8, 2005 by the Committee of Ministers. • No. 27/2004 European Roma Rights Centre (ERRC) v. Italy; lodged on 28 June 2004; Resolution ResChS(2006)4 adopted on May 3, 2006 by the Committee of Ministers. • No. 31/2005 European Roma Rights Centre (ERRC) v. Bulgaria; lodged on 22 April 2005; decision on the merits adopted by the European Committee of Social Rights on 18 October 2006. Resolution ResChS(2007)2 adopted on September 5, 2007 by the Committee of Ministers. • No. 46/2007 European Roma Rights Centre (ERRC) v. Bulgaria; lodged on 22 October 2007; decision on admissibility adopted by the European Committee of Social Rights on 5 February 2008. II. Subject Matter of the Complaint: Articles 16, 19, 30, 31 and E 2 See letter from the Secretariat General of the Council of Europe to Mr. Claude Cahn, European Roma Rights Centre, 14 June 2002. 3 See pertinent list of international NGOs available at http://www.coe.int/t/e/human_rights/esc/4_collective_complaints/organisations_entitled/OING_List_en.pdf 4 II.0.01. At issue in this Collective Complaint is the housing situation of Travellers4 in France. As housing constitutes a centrepiece in the health and prosperity of families, the ERRC maintains that the sum of housing-related injustices in France (including but not limited to social exclusion, forced evictions, inadequate access to housing, lack of access to basic utilities) violates Article 16 and 31 of the Revised Charter. Furthermore, the ERRC holds that current housing circumstances confronting Travellers — such as residential segregation, substandard housing conditions, lack of security of tenure, forced evictions and other systemic violations of the right to adequate housing faced disproportionately by Travellers in France— are an important indicator of their social exclusion and render their right to housing illusory and in violation of Articles 30 and 31 of the RESC. The ERRC also contends that France, in breach of Article 19 of the RESC, has failed to take measures to address the deplorable living conditions of Romani migrants from other Council of Europe member states. The ERRC asserts that these articles may be read independently and/or in conjunction with the Revised Charter’s Article E non-discrimination clause. II.1. Articles 16, 19, 30, 31 and E and the Right to Housing in the ECSR’s jurisprudence II.1.01. The right to housing is guaranteed explicitly by Article 31 of the European Social Charter (Revised).
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