Follow-up Findings 2023 of the European Committee on Social Rights: Roma Rights and Housing Discrimination in Italy

The European Committee on Social Rights (ECSR) examined the follow-up to the decisions in two collective complaints: European Roma Rights Centre (ERRC) v. Italy (no. 27/2004, decision of 7 December 2005) and Centre on Housing Rights and Evictions (COHRE) v. Italy (no. 58/2009, decision of 25 June 2010), related to Roma and Sinti access to social housing and the inadequacy of eviction procedures.
The case of COHRE v. Italy focused on the violations affecting both Roma and Sinti, while ERRC v Italy concerned violations specifically against Roma. In both complaints, the ECSR found the situation concerning Article E (non-discrimination) European Social Charter (Revised), read in conjunction with Article 31.1 (effective access to adequate housing), Article 31.2 (reduce homelessness) and Article 31.3 (cost of accessible housing) has not been brought into conformity with the European Social Charter (Revised).
The ECSR found that Italy had not provided adequate living conditions in camps or similar settlements for Roma who choose to follow an itinerant lifestyle or who are forced to do so. Furthermore, Italy failed to establish that the eviction procedures of Roma were adequate and to refute credible claims that Roma were subjected to unjustified use of force during such evictions.
According to the ECSR's 2023 Findings, the non-compliance with Article 31.1 and Article 31. 3 of the Revised Charter was due to the lack of permanent adequate-quality dwellings to meet the needs of Roma who wish to settle, as well as the segregation of Roma and Sinti in camps (COHRE v. Italy).
Italy failed to take steps to provide a sufficient quantity and quality of dwellings for Roma in order to meet their particular needs. Moreover, Italy did not ensure that local authorities fulfilled their responsibilities in this area.
In COHRE v. Italy, the ECSR additionally found that the situation with respect to Article E (non-discrimination), read in conjunction with Article 30 (right to protection against poverty and social exclusion), Article 16 (rights of the family), Article 19.1 (protection of migrant workers against discrimination) and Article 19.4 (rights of migrant workers' families) has not been brought into conformity with the Revised Charter.
The identified problems include discriminatory treatment with regard to the right to vote or other forms of citizen participation of Roma and Sinti, the use of xenophobic political rhetoric or discourse against Roma and Sinti, and the unlawful interference in family life without country protection.