Odpowiednie mieszkanie dla Romów w aktach prawnych Rady Europy
The right of Roma to adequate housing in law of the Council of Europe

Summary/Abstract: The concept of adequate housing stems from the Covenant. The Council of Europe legal system adopted and adjusted that concept to its own needs and aims. The concept of adequate housing with regard to Roma may be found there in a number of legal acts, including Article 31 of the Revised Charter, Articles 16 of Revised Charter and the Social Charter, Article 8 of the European Convention together with its Article 1 of the Protocol No. 1, Article 5 of the Minority Convention referring to social development of minorities as well as in many other resolutions adopted by various bodies of the Organisation concerning the problem. The concept of adequate housing in the Covenant constitutes of such elements like: accessibility habituality availability of services, materials and infrastructure, location, cultural adequacy and legal security of tenure. These are key factors which are crucial to determinate the adequacy of the housing. Theconcept of adequate housing for Roma within the Council of Europe is interpreted as follows. There exists a total ban on segregation policy of this population in settlements and it is to be eradicated. Initiatives should be launched to promote tolerance and regular contacts between nomads and non-nomads communities. It is incumbent on states to enact anti-discrimination laws and to implement them effectively. Given exceptionally harsh nature of nomads housing conditions alternative accommodation should be provided as a matter of priority, especially to those of them who live in settlements which endanger life of the inhabitants or are hazardous to their health. Central and local authorities shall actively co-operate while implementing housing projects for nomads. They must imply all necessary and functional infrastructure. Nomads ought to have free choice of their housing lifestyle. Legal security of tenure implies that all nomads enjoys legal and factual protection against such threats like forced eviction and other harassment.

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