London, 21 November 2011
On 7 November 2011, the European Committee of Social Rights (the Committee) published its decision in the case of European Roma Rights Centre v Portugal (Complaint No. 61/2010). In response to a complaint against the Government of Portugal submitted by the European Roma Rights Centre (ERRC) in April 2010, the Committee found that the conditions in which the Roma community of Portugal is living and the failure of the Government to do enough to improve their situation represented a violation of Article E (Non-discrimination) of the Revised European Social Charter (Revised Charter) in conjunction with each of Articles 16 (right of the family to social, legal and economic protection), 30 (right to protection against poverty and social exclusion) and 31(1) (right to adequate housing).
The ERRC’s complaint against Portugal was based on the findings it made during field visits to several Roma settlements between 2005 and 2011. Its specific concerns related to (i) “the precarious and difficult housing conditions for a large part of the Roma community”; (ii) “the high number of Roma families that live in segregated settings, whether in unregulated encampments or as a result of re-housing by the authorities in the outskirts of cities; and (iii) “the inadequacy of re-housing programmes for the Roma community in terms of their family composition, cultural habits and ways of life”. It submitted that each of the situations identified through its visits represented a violation of the Government’s non-discrimination obligations under the Revised Charter. The Portuguese Government argued that along with other members of Portugal’s population, the Roma community has access to, and has benefited from, a set of social policies which are aimed at groups affected by poverty and social exclusion. It claimed that whilst there have been no specific housing programmes based on ethnicity, the Roma have benefited from housing programmes available to all.
The Committee found that the percentage of Roma living in poor housing conditions is “far above the national average” and they are therefore in a different and disadvantaged situation. The conditions in which many Roma are living in Portugal, and the failure of the Government to take sufficient measures to ensure the adequacy of those conditions, represented a violation of Article E of the Revised European Social Charter in conjunction with Articles 31(1) and 16. Identical treatment of the Roma was not sufficient to discharge the Government’s positive obligation to avoid indirect discrimination by taking into account the different position of the Roma community as compared with the rest of the population. Finally, the Committee found that the Government had failed to discharge its further obligation, under Article 30 of the Revised Charter, to adopt positive measures to ensure that excluded and disadvantaged groups, such as Roma, are able to access rights such as housing and achieve social inclusion.
To read a summary of the case, click here.
To read the full decision, click here.
