Opre ERTF! European Roma and Travellers Forum prevails against the Czech Republic on Roma health and housing
28 October 2016
With infringement proceedings ongoing in the Czech Republic for segregation of Romani children in education, ERTF’s victory before the ECSR puts the spotlight on the persistence and prevalence of anti-Roma discrimination in housing and health care.
Photo credit: © Markus Heine/Newscom
The European Committee of Social Rights in a unanimous decision made public on Friday found the Czech Republic in violation of Article 16 of the 1961 Charter on the ground of insufficient access to housing, poor housing conditions and territorial segregation; and in violation of Article 11 on the grounds of exclusion and inadequate access to health care services.
Housing
In its complaint the ERTF alleged that the privatization of public housing stock had a detrimental impact on the most socially disadvantaged, in particular Roma. Privatization followed the transfer of administration to regional and local authorities, and the lack of social housing combined with discrimination resulted in Roma families having to live in residential hostels.
As ERRC noted in its submission to the European Commission Discrimination in the rental sector has forced some 100,000 Roma into 4,000 substandard hostels and dormitories, where they are charged up to three times the market value of an ordinary flat by slumlords. In its 2015 report European Commission against Racism and Intolerance (ECRI) expressed its astonishment that “the authorities are complicit in this corrupt and degrading practice, which is contributing further to the segregation of Roma” and called for a halt to this practice.
ERTF further alleged that much of the accommodation inhabited by Roma is in substandard condition, and cited examples of flats which are damp, cold, and mouldy with no access to basic services or educational or medical facilities, situated on the outskirts of towns in areas inhabited solely by Roma.
The ERTF also highlighted the lack of any coordinated national policy to promote spatial desegregation; and further alleged that municipalities remain resistant and some even actively pursue segregationist policies.
The complaint also drew attention to the fact that the new Civil Code authorizes evictions without court orders; permits termination of lease agreements without court approval; and allows landlords to ignore a notice to quit period. Neither is there any obligation to provide alternative housing.
Effectively dismissing the government’s objections, the Committee found unanimously in favour of ERTF’s complaint that the housing situation constitutes a violation of Article 16. On forced evictions, the Committee “was not satisfied” that the legislation permitting evictions ensures necessary safeguards such as prior consultation, or the obligation to provide alternative accommodation; and further that local authorities did not act lawfully when trying to evict Roma families.
Health
ERTF alleged that discrimination in access to housing has a direct and detrimental effect on the health of Roma communities, who are faced with disproportionate health risks, high incidence of certain diseases, and overall poorer health than the majority. In addition many face discrimination when seeking to access services.
Again over the objections of the government, the Committee unanimously found in favour of the ERTF, noting that the limited data available reveals significant disparities between the health status of the Roma and non-Roma communities. The evidence shows that policy failures to ensure public health standards in Romani neighbourhoods have condemned communities to live in unhealthy environments, often without proper access to clean water.
The Committee deemed government measures to have been ineffective and considered that the State has failed to meet its positive obligations to ensure that Roma families enjoy adequate access to health care. The Committee held that problems encountered by many Roma families in accessing health care services, as well as the failure of the authorities to take appropriate measures to address the exclusion and constitute a breach of Article 11.
The Committee considered that the issue of segregation of Romani children and their discriminatory placement in schools for children with disabilities fell outside the ambit of the right to health as guaranteed by the Charter. Such segregation would amount to a violation of the right to education of Article 17 of the Revised Charter, which the Czech Republic has not ratified.
