Success for European Roma Rights Centre housing case against Portugal

The European Social Committee has upheld a complaint by the European Roma Rights Centre ("ERRC") that Portugal is in breach of various obligations under the European Social Charter in relation to the provision of adequate housing for Roma people.

The ERRC made submissions on the basis of field visits conducted between 2005 and 2011, which they alleged demonstrated both sub-standard housing conditions and the segregation of Roma communities.

The Committee noted that an estimated 16 - 31% of Roma in Portugal live in precarious housing condition, as compared to 0.8% of the rest of the population. Accordingly, the Committee concluded that the Roma people were in a "different and disadvantaged situation" and that "merely guaranteeing identical treatment as a means of protection against any discrimination is not sufficient".

The Committee noted a lack of adequate water, electricity, hygiene and sewage facilities. They found that such poor housing conditions, together with Portugal's failure to address them sufficiently, breached the Roma people's right to adequate housing, in conjunction with their right to non-discrimination. They also held that segregated Roma neighbourhoods and measures such as the construction of a concrete wall to separate Roma people in breach of the right to housing near facilities, together with the right to non-discrimination.

Dezideriu Gergely, Executive Director of the ERRC welcomed the decision, saying "We welcome the committee's recognition that Portuguese authorities have discriminated against Roma in failing to improve segregated, substandard housing conditions for these communities. We urge Portuguese authorities to rethink housing policies which worsen living conditions and to invest in sustainable, lasting solutions."

Click here to view the decision.

Click here to view an updated overview of complaints under the European Social Charter concerning Roma and Travellers.

Click here to view the ERRC press release.

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