Advocating Advocating Housing Rights of Housing Rights of Roma in EuropeRoma in Europe

Anita DankaAnita Danka, ,

EEuropean uropean RRoma oma RRights ights CCentreentre

14 April 2007, Istanbul14 April 2007, Istanbul

The Housing Situation The Housing Situation of Romaof Roma Inadequate, or hazardous living Inadequate, or hazardous living

conditionsconditions Segregated settlementsSegregated settlements Forced evictionsForced evictions Discrimination in access to Discrimination in access to

housinghousing

International Norms International Norms Guaranteeing Housing Guaranteeing Housing Rights Rights UN International Covenant on UN International Covenant on

Economic, Social and Cultural RightsEconomic, Social and Cultural Rights UN International Convention on the UN International Convention on the

Elimination of Racial DiscriminationElimination of Racial Discrimination The European Convention on Human The European Convention on Human

RightsRights European Social CharterEuropean Social Charter EU Race Equality Directive (43/2000)EU Race Equality Directive (43/2000)

Housing RightsHousing Rights

The right to an adequate standard of living The right to an adequate standard of living including ...housingincluding ...housing

The right to protection from forced evictions, The right to protection from forced evictions, and the provision of alternative and the provision of alternative accommodationaccommodation

The right to freedom from discrimination in The right to freedom from discrimination in access to housing and related servicesaccess to housing and related services

The right to respect for private and family life, The right to respect for private and family life, and homeand home

The right to peaceful enjoyment of possessionsThe right to peaceful enjoyment of possessions

Housing Rights are Inter-Housing Rights are Inter-linked and may be Linked linked and may be Linked to Other Human Rightsto Other Human Rights

Right to lifeRight to life Right to be free from torture, Right to be free from torture,

inhuman or degrading treatmentinhuman or degrading treatment Right to access to education, Right to access to education,

healthcare and social benefitshealthcare and social benefits

The Right to Protection from The Right to Protection from Forced Evictions, and the Forced Evictions, and the Provision of Alternative Provision of Alternative AccommodationAccommodation Forced evictions are defined by the United Nations Forced evictions are defined by the United Nations

Committee on Economic, Social and Cultural Rights in Committee on Economic, Social and Cultural Rights in their General Comment No. 7 as their General Comment No. 7 as

- - the permanent or temporary removal the permanent or temporary removal - against the will of individuals, families and/or against the will of individuals, families and/or

communities communities - from the home and/or land which they occupy from the home and/or land which they occupy - without the provision of, and access to, appropriate without the provision of, and access to, appropriate

forms of legal protection. forms of legal protection.

The prohibition on forced evictions does not, however, The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance apply to evictions carried out by force in accordance with the law and in conformity with the provisions of with the law and in conformity with the provisions of the International Covenants on Human Rights. the International Covenants on Human Rights.

Forced EvictionsForced Evictions

Forced evictions frequently violate other human rightsForced evictions frequently violate other human rights: : right to life, the right to security of person, the right to non-right to life, the right to security of person, the right to non-interference with privacy, family and home and the right to interference with privacy, family and home and the right to peaceful enjoyment of possessions. peaceful enjoyment of possessions.

Procedural protections are required where there is no Procedural protections are required where there is no alternative to evictionalternative to eviction, including an opportunity for , including an opportunity for consultation before the eviction; adequate and reasonable consultation before the eviction; adequate and reasonable notice and information on the proposed eviction; all persons notice and information on the proposed eviction; all persons carrying out the eviction to be properly identified; and carrying out the eviction to be properly identified; and government officials to be present, especially when groups of government officials to be present, especially when groups of people are involved, should not take place in bad weather or at people are involved, should not take place in bad weather or at night, provision of legal remedies, legal aid. night, provision of legal remedies, legal aid.

Evictions should not result in individuals becoming Evictions should not result in individuals becoming homeless or vulnerable to other human rights violationshomeless or vulnerable to other human rights violations . . Where those affected are unable to provide for themselves, the Where those affected are unable to provide for themselves, the State must take all appropriate measures, to the maximum of State must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative its available resources, to ensure that adequate alternative housing is available. housing is available.

Danilovgrad caseDanilovgrad case

The case involved the forced eviction and destruction of a The case involved the forced eviction and destruction of a Romani settlement in the city of Danilovgrad (Montenegro) Romani settlement in the city of Danilovgrad (Montenegro) by private residents who lived nearby. Earlier, the by private residents who lived nearby. Earlier, the perpetrators had threatened to “exterminate” the perpetrators had threatened to “exterminate” the community and “burn down” their houses. The Danilovgrad community and “burn down” their houses. The Danilovgrad Police Department told the Romani community that they Police Department told the Romani community that they should evacuate the settlement immediately as they, the should evacuate the settlement immediately as they, the police, would be unable to protect them. Most of the police, would be unable to protect them. Most of the Romani residents fled their homes leaving just a few Romani residents fled their homes leaving just a few behind to protect their housing and other possessions. behind to protect their housing and other possessions. During the afternoon of 15 April 1995, the non-Romani During the afternoon of 15 April 1995, the non-Romani residents entered the settlement shouting “we shall evict residents entered the settlement shouting “we shall evict them” and “we shall burn down the settlement”. The crowd them” and “we shall burn down the settlement”. The crowd set fire to the housing, resulting in the entire settlement set fire to the housing, resulting in the entire settlement being levelled and all properties belonging to its Romani being levelled and all properties belonging to its Romani residents completely destroyed. Several days later the residents completely destroyed. Several days later the debris was completely cleared away by municipal debris was completely cleared away by municipal construction equipment leaving no trace of the community. construction equipment leaving no trace of the community.

Decision of the UN Decision of the UN Committee against Committee against TortureTorture CAT found forced eviction to be in violation of the Convention CAT found forced eviction to be in violation of the Convention

Against Torture Against Torture

The CAT found that the Police Department did not take any The CAT found that the Police Department did not take any appropriate steps to protect the residents and that the burning appropriate steps to protect the residents and that the burning and destruction of the settlement constituted acts of cruel, and destruction of the settlement constituted acts of cruel, inhuman or degrading treatment or punishment within the inhuman or degrading treatment or punishment within the meaning of Article 16 of the Convention Against Torture. meaning of Article 16 of the Convention Against Torture. Consequently, the Committee held that the Government of Consequently, the Committee held that the Government of Serbia and Montenegro had violated Article 16 by not Serbia and Montenegro had violated Article 16 by not protecting the rights of the residents, a positive obligation protecting the rights of the residents, a positive obligation under the Convention. Although the right to compensation is under the Convention. Although the right to compensation is not expressly provided in the Convention for victims of acts of not expressly provided in the Convention for victims of acts of ill-treatment other than torture, the Committee concluded that ill-treatment other than torture, the Committee concluded that the State Party should compensate the victims of this violation. the State Party should compensate the victims of this violation. As a direct result of the Committee’s finding, the Montenegrin As a direct result of the Committee’s finding, the Montenegrin Government agreed on 19 June 2003, to pay 985,000 Euro in Government agreed on 19 June 2003, to pay 985,000 Euro in compensation to seventy-four Romani victims of the compensation to seventy-four Romani victims of the Danilovgrad tragedy. Danilovgrad tragedy.

The Right to Freedom from The Right to Freedom from Discrimination in Access to Discrimination in Access to Housing and Related Housing and Related ServicesServices Both the ICESCR and the ECHR have articles that Both the ICESCR and the ECHR have articles that

prohibit racial/ethnic discrimination in the enjoyment of prohibit racial/ethnic discrimination in the enjoyment of the rights set out in the Covenant and the Convention. the rights set out in the Covenant and the Convention.

The scope of the International Convention on the The scope of the International Convention on the Elimination of Racial Discrimination affirms that State Elimination of Racial Discrimination affirms that State parties must guarantee that individuals can enjoy the parties must guarantee that individuals can enjoy the right to housing without being subjected to racial right to housing without being subjected to racial discrimination. The Committee on the Elimination of discrimination. The Committee on the Elimination of Racial Discrimination (CERD) in their General Racial Discrimination (CERD) in their General Recommendation No. 27 explain that “State Parties Recommendation No. 27 explain that “State Parties [should] adopt measures to act firmly against any [should] adopt measures to act firmly against any discriminatory practices affecting Roma, mainly by local discriminatory practices affecting Roma, mainly by local authorities and private owners, with regard to taking up authorities and private owners, with regard to taking up residence and access to housing; to act firmly against residence and access to housing; to act firmly against local measures denying residence to and unlawful local measures denying residence to and unlawful expulsion of Roma, and to refrain from placing Roma in expulsion of Roma, and to refrain from placing Roma in camps outside populated areas that are isolated and camps outside populated areas that are isolated and without access to health care and other facilities”.without access to health care and other facilities”.

Dobsina caseDobsina case

On 20 March 2002, the Councillors of the municipality of On 20 March 2002, the Councillors of the municipality of Dobšina, Slovakia, adopted a resolution in which they Dobšina, Slovakia, adopted a resolution in which they approved a plan to construct low cost houses for the approved a plan to construct low cost houses for the Roma inhabitants of the town. About 1,800 Roma lived Roma inhabitants of the town. About 1,800 Roma lived in Dobšina in appalling conditions. Most of their houses in Dobšina in appalling conditions. Most of their houses are thatched huts or houses made of cardboard, with are thatched huts or houses made of cardboard, with no potable drinking water, toilets or drainage and no potable drinking water, toilets or drainage and sewage systems. On hearing about the Councillors’ sewage systems. On hearing about the Councillors’ resolution, some of the inhabitants of Dobšina and resolution, some of the inhabitants of Dobšina and surrounding villages set up a petition committee, and surrounding villages set up a petition committee, and designed a petition which read “I do not agree with the designed a petition which read “I do not agree with the building of low cost houses for people of Gypsy origin building of low cost houses for people of Gypsy origin on the territory of Dobšina, as it will lead to an influx of on the territory of Dobšina, as it will lead to an influx of in-adaptable citizens of Gypsy origin from the in-adaptable citizens of Gypsy origin from the surrounding villages, even from other districts and surrounding villages, even from other districts and regions”. More than 2,700 inhabitants of Dobšina regions”. More than 2,700 inhabitants of Dobšina signed the petition. The Councillors considered the signed the petition. The Councillors considered the petition and voted, unanimously, against building petition and voted, unanimously, against building houses for Roma, cancelling the earlier approved houses for Roma, cancelling the earlier approved resolution. resolution.

The CERD DecisionThe CERD Decision

The CERD held that “in complex contemporary societies the The CERD held that “in complex contemporary societies the practical realization of, in particular, many economic, social practical realization of, in particular, many economic, social and cultural rights, including those related to housing, will and cultural rights, including those related to housing, will initially depend on and indeed require a series of initially depend on and indeed require a series of administrative and policy-making steps by the State party’s administrative and policy-making steps by the State party’s competent relevant authorities ... The Committee considers competent relevant authorities ... The Committee considers that the council resolutions in question, taking initially an that the council resolutions in question, taking initially an important policy and practical step towards realization of the important policy and practical step towards realization of the right to housing followed by its revocation and replacement right to housing followed by its revocation and replacement with a weaker measure, taken together, do indeed amount to with a weaker measure, taken together, do indeed amount to the impairment of the recognition or exercise on an equal basis the impairment of the recognition or exercise on an equal basis of the human right to housing”.of the human right to housing”.

The Committee found Slovakia in breach of its obligations The Committee found Slovakia in breach of its obligations under international law not to engage in any act of racial under international law not to engage in any act of racial discrimination and to ensure that all public authorities act in discrimination and to ensure that all public authorities act in conformity with this obligation. conformity with this obligation.

It also found Slovakia in breach of its obligation to guarantee It also found Slovakia in breach of its obligation to guarantee the right to everyone of equality before the law in the the right to everyone of equality before the law in the enjoyment of the right to housing.enjoyment of the right to housing.

Right to Respect for Right to Respect for Private and Family Private and Family Life, and HomeLife, and Home The European Convention on Human The European Convention on Human

Rights states that “Everyone has the Rights states that “Everyone has the right to respect for his private and family right to respect for his private and family life, his home and his correspondence.” life, his home and his correspondence.” Protocol 1, Article 1, to the Convention Protocol 1, Article 1, to the Convention also covers protection of property. The also covers protection of property. The case law of the European Court on the case law of the European Court on the right to respect for the home covers such right to respect for the home covers such issues as protection from wilful damage, issues as protection from wilful damage, protection from nuisances and protection from nuisances and disturbance (including environmental disturbance (including environmental nuisance), and regulation of property.nuisance), and regulation of property.

The Hadareni caseThe Hadareni case

On 20 September 1993 a mob of villagers in On 20 September 1993 a mob of villagers in the town of Hadareni, Mures County, the town of Hadareni, Mures County, Romania, killed of 3 Romani men following the Romania, killed of 3 Romani men following the knifing death of a non-Romani man. knifing death of a non-Romani man.

The angry mob burnt down 14 houses in the The angry mob burnt down 14 houses in the Romani communityRomani community

Police passively looking.Police passively looking. The victims were forced to live in hen houses, The victims were forced to live in hen houses,

barns, windowless cellars ... for several years barns, windowless cellars ... for several years in certain cases up until today.in certain cases up until today.

Many fell ill, got hepatitis, diabetes etc.Many fell ill, got hepatitis, diabetes etc. Some fled the country.Some fled the country.

The ECtHR JudgmentThe ECtHR Judgment

””... the applicants’ living conditions and the ... the applicants’ living conditions and the racial discrimination to which they have racial discrimination to which they have been publicly subjected by the way in which been publicly subjected by the way in which their grievances were dealt with by various their grievances were dealt with by various authorities, constitute an interference with authorities, constitute an interference with their human dignity which (...) amounted to their human dignity which (...) amounted to ‘degrading treatment’ within the meaning ‘degrading treatment’ within the meaning of Article 3 of the Convention.” of Article 3 of the Convention.”

In addition: violation of the right to fair In addition: violation of the right to fair hearing, right to respect for private and hearing, right to respect for private and family life and right no to be discriminated family life and right no to be discriminated against in respect of these rights.against in respect of these rights.

TheThe European Social European Social CharterCharter AimAim: to facilitate economic and social : to facilitate economic and social

progressprogress The social rights are divided up into concrete The social rights are divided up into concrete

state obligations – possibility of concrete/clear state obligations – possibility of concrete/clear interpretations, calling the state responsible.interpretations, calling the state responsible.

Review procedures: Review procedures: - Monitoring procedure based on national Monitoring procedure based on national

reportsreports- Collective complaint procedure (based on Collective complaint procedure (based on

Protocol 3.)Protocol 3.)

Housing Housing Rights Rights guaranteed by the guaranteed by the CharterCharter- Access to adequate and affordable housingAccess to adequate and affordable housing- Reduction of homelessness, housing policy Reduction of homelessness, housing policy

targeted at all disadvantaged categoriestargeted at all disadvantaged categories- Procedures to limit forced evictionsProcedures to limit forced evictions- Equal access for non-nationals to social Equal access for non-nationals to social

housing and housing benefitshousing and housing benefits- Housing construction and housing benefits Housing construction and housing benefits

related to family needs.related to family needs.

ERRC complaintsERRC complaints

15/2003 ERRC v. Greece15/2003 ERRC v. Greece- The complaint relates to Article 16 (the right of - The complaint relates to Article 16 (the right of

the family to social, legal and economic the family to social, legal and economic protection) and the Preamble (non-protection) and the Preamble (non-discrimination). It alleged that there is discrimination). It alleged that there is widespread discrimination both in law and in widespread discrimination both in law and in practice against Roma in the field of housing.practice against Roma in the field of housing.

27/2004 ERRC v. Italy – relates to Article 31 27/2004 ERRC v. Italy – relates to Article 31 (right to housing) alone or in combination with (right to housing) alone or in combination with Article E (non-discrimination) of the Revised Article E (non-discrimination) of the Revised European Social Charter.European Social Charter.

31/2005 ERRC v. Bulgaria – relates to Article 16 31/2005 ERRC v. Bulgaria – relates to Article 16 alone or in combination with Article E.alone or in combination with Article E.

Thank you for your Thank you for your attention!attention!

Anita Danka, ERRCAnita Danka, ERRC

Tel: +36-1-413-Tel: +36-1-413-22212221

anita.danka@errc.anita.danka@errc.orgorg