Date of decision: December 8, 2004
Jurisdiction: Council of Europe – European Committee of Social Rights
Country: Greece
Legal basis: Violation of Article 16 of the European Social Charter. Discrimination against Roma in Greece in the field of housing: Discriminatory legislation, residential segregation and forced evictions.
Subject:
The European Roma Rights Centre (ERRC) submitted a collective complaint to the European Social Charter under Article 16 (right to housing), alleging that Greece had discriminated against the Roma community by:
(1) introducing legislative provisions that singled them out for substandard housing and segregation;
(2) carrying out forced evictions without providing adequate procedural safeguards or alternative housing; and
(3) failing to provide sufficient temporary camping facilities.
The Greek government argued that the contested legislation had been amended, and that procedural protections — including judicial review and legal aid — alongside the provision of alternative housing, ensured compliance with the Charter.
The Committee found multiple violations of Article 16.
- Inadequate permanent housing — despite their obligations, many Roma continued to live in substandard conditions.
- There were insufficient temporary camping sites, with too few safe and sanitary stopping places for itinerant Roma.
- Forced evictions and sanctions: evictions often occurred without legal safeguards or resettlement and sometimes involved the destruction of property.
The Committee concluded that Greece had violated Article 16. The Committee recommended that Greece improve housing access, guarantee procedural fairness for evictions and expand camping facilities. The Committee also invited the Committee of Ministers to consider awarding the ERRC €2,000 in costs.
