European Roma Rights Centre v.

Portugal
(Complaint No. 61/2010)
Country:
Portugal
Thematic Focus:
Equality and Non-discrimination
Housing Rights
Forum and Date of Decision:
European Committee of Social Rights
2011-06-30
Nature of the Case:
Collective complaint under the Revised European Social Charter by the European
Roma Rights Center, alleging violations of the right of the family to social, legal
and economic protection (Article 16), the right to protection against poverty and
social exclusion(Article 30), the right to adequate housing (Article 31) and the
non-discrimination clause (E). European Social Charter. CESCR. CERD.
Summary:
The Committee analyzed three issues regarding the right of Roma to housing in
Portugal: the precarious and difficult housing conditions for a large part of the
Roma community; the high number of Roma families that live in segregated
settings; and the inadequacy of re-housing programmes for the Roma community
in terms of their family composition, cultural habits and ways of life. The
Committee made references not only to the European Social Charter, but also to
article 11 of the CESCR, article 5.e.iii of the CERD, and Recommendation (2005)
4 of the Committee of Ministers to member states with regard to Roma housing
conditions in Europe.
The Committee noted that the fact that a disproportionate number of Roma live in
poor housing conditions should trigger a positive obligation of authorities to take
such [disproportion] into account and respond accordingly.

The Committee also added that the right to adequate housing includes a right to
fresh water resources and the provision of an adequate space, which is
structurally secure, protected from harsh weather conditions and other threats to
health, accessible in terms of public services, employment, health-care services,
schools and other social facilities, and culturally suited. In the case of Roma
families, there is a need to take family size into account as well as their culture of
casual gatherings, which is a basis for the bonds of solidarity in the community.
Finally, the Committed highlighted that housing policies should avoid social
segregation of ethnic minorities or immigrants. According to the Charter, both
direct and indirect discrimination, (the latter consisting of failing to take due and
positive account of all relevant differences or failing to take adequate steps to
ensure rights), are forbidden.
The Committee unanimously concluded that there had been violations to articles
16, 30 and 31 of the European Social Charter, interpreted in conjunction with
article E. It also recommended that an award of 2,000 be paid to the
complainants organization.
(European Roma Rights Centre v. Portugal (Complaint No. 61/2010))
Last
updated
on
September
2013.
Enforcement of the Decision and Outcomes:
The case has been followed up by the Committee of Ministers. In its Resolution
CM/ResChS (2013) of April 2013 (provided below), the Committee of Ministers
welcome the governments initiative of setting up a national strategy for the
integration of the Roma community and looks forward to Portugals next report
regarding its conformity to the revised European Social Charter.
Significance of the Case:
It is significant that the Committee stressed the States positive obligations with
regard to housing rights, including with respect to ethnic minorities. According to
RAXEN Thematic Study on Housing Conditions of Roma and Travellers
Portugal (2009), an estimated 16% to 31% of all Roma in Portugal live in
precarious housing conditions. These numbers are high in both absolute and
relative terms, as the national average for people living in precarious conditions in
Portugal is 0.8%.