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Thursday, September 19, 2013
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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.

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 government’s “initiative of setting up a national strategy for the integration of the Roma community” and “looks forward” to Portugal’s next report regarding its conformity to the revised European Social Charter.

Significance of the Case

It is significant that the Committee stressed the State’s  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%.

Groups Involved in the Case

European Roma Rights Centre – ERRC