Domestic Cases: Access to Housing
11 August 2015
Italy
La Barbuta
About twenty-five kilometres from the centre of Rome is an isolated, so-called “formal camp” for Roma called La Barbuta. It is one of the worse examples of the way Roma, during the previous Roma State of Emergency that the Italian courts declared unlawful, were moved to isolated, segregated, substandard “social housing”. The ERRC is playing an amicus curiae role in the race-discrimination case being brought in the Italian courts to challenge the conditions in the camp: we have provided information and arguments designed to help the court decide the case. In June 2015, the first-instance court handed down a historic judgment finding discrimination. An English translation of the ERRC’s submissions can be found here. The ERRC is very grateful to the law firm Hogan Lovells (Milan) for translating the judgment into English on a pro bono basis. The translation they prepared can be found here.
Via Salviati
In September 2013, Roma families living on via Salviati in Rome were forcibly evicted from their homes located in an informal camp. Most of them were left on the street and few returned to live in the “formal camp” they fled because of the degrading conditions there. The ERRC is supporting those evicted to challenge the eviction in the Italian administrative courts because of the failure to follow the basic standards accompanying evictions and the failure to rehouse those evicted.
Viale Forlanini
In March 2014, Roma families living in on viale Forlanin in Milan were forcibly evicted from their homes located in an informal camp, having received no formal notice of the eviction in advance. The ERRC is supporting those evicted to challenge the eviction in the Italian administrative courts because of the failure to follow the basic standards for evictions and the failure to rehouse those evicted.
Romania
Eforie Sud Eviction
On 27 September 2013, the local authorities left approximately 100 persons homeless, including 55 children, after demolishing their long-standing houses, ostensibly for lack of building permits. After four days of enduring rough weather conditions, the authorities relocated them in an abandoned school and a former dormitory. Those living in the abandoned school were again evicted on 17 July 2014. 34 of them were provided with accommodation in eight containers located at the edge of the city. The other 17 were not provided with any sort of alternative accommodation. The ERRC together with Romani Criss have supported the community to take the case before the national courts. The case illustrates Romania’s failure to comply with international human rights standards by providing security of tenure for Roma living in informal housing.
Pata Rât Eviction
On 17 December 2010, almost 300 people were forcibly evicted from their homes close to the city centre, and relocated in overcrowded and substandard housing close to the city’s waste dump, Pata Rât. As a result, housing conditions, access to work, education and healthcare have all been badly affected. Moreover, the Roma there face increased discrimination and stigma and are at risk from environmental health hazards. The ERRC has supported the community to establish an association and take their case before the national courts seeking access to appropriate integrated housing. The ERRC has already secured a ruling in from the Romanian National Council for Combating Discrimination finding that the municipality’s actions amounted to racial discrimination.
Implementation of ECtHR Judgment in Hădăreni
Almost ten years ago the European Court of Human Rights delivered its judgment in Moldovan and Others (no.2) v. Romania, concerning the aftermath of a 1993 anti-Roma pogrom in the village of Hădăreni. The Romanian Government has failed to implement the general measures that it undertook in order to provide redress and effective inclusion for the Roma community in Hădăreni. The ERRC, in partnership with Romani Criss, has provided legal support for 52 Roma from Hădăreni in bringing a case against the Government before the domestic courts. The ERRC has also engaged with the Committee of Ministers of the Council of Europe who is supervising the way the Romanian authorities are implementing the Hadareni ECtHR judgments.
Serbia
Obrenovac public housing
In April 2011, seventeen predominantly Roma families, including 35 minors and several elderly people were threatened with eviction from the complex of municipally owned buildings in which they were living. Some of the Roma have been living in this location for more than 40 years and most of them have contracts with the municipality with protected tenancy rights, giving them the right to stay in the property for an indefinite period. Representatives of the municipality informed the community that they would rehoused in metal containers to the outskirts of Obrenovac. The ERRC is supporting four Romani families with tenancy rights in pursuing protection from the forced eviction before domestic courts, especially with regards to the provision of securing adequate alternative accommodation in line with international human rights standards.
Šabac eviction
In the town of Šabac in August 2010, five Romani families were forcefully evicted and their homes demolished. The local authorities failed to provide any adequate alternative accommodation, leaving these families homeless, including one pregnant woman and eight children under nine years of age. The ERRC is supporting the evictees in seeking compensation before the Serbian courts against the state and City of Šabac for having their rights violated.
Slovakia
Demolition in Košice
In October 2012, with very little notice, a Roma settlement was demolished without following the proper procedures instead using environmental law as pretext. The ERRC is legally supporting those evicted with their anti-discrimination harassment claim.
Demolition in Plavecky Stvrtok
The local Building Authority ordered demolition of houses in Roma settlement in Plavecky Stvrtok. The ERRC is supporting those under threat of eviction by challenging the demolition order.
Demolition in Krasnohorske Podhradie
The local Building Authority ordered the demolition of houses in a Roma settlement in Krasnohorske Podhradie. The ERRC is supporting those under threat of eviction and seeking legalisation of their houses.
Turkey
Sulukule
Almost 3,500 Roma were forced to leave their centuries-old neighbourhood in the Sulukule area of Istanbul starting in 2005, to make way for an urban renewal programme. The ERRC has been supporting the community in a set of several, complicated legal proceedings to challenge the eviction.
Ukraine
Legalisations
The ERRC is supporting Roma communities in Uzhgorod and Odessa to legalise their homes (i.e. secure tenure to the land on which they are living). In one case a Roma community already successfully legalised their homes and created a condominium.
