A/HRC/43/43/Add.2
United Nations human rights system and human rights organizations. 33 In 2018,
approximately 65 per cent of all of those living in informal settlements and originating from
Eastern Europe experienced a forced eviction: 9,688 of these persons were evicted from 171
informal settlements and squats, most of which were constructed on public property. 34
47.
The Special Rapporteur is concerned that, during the course of her visit, she learned
of several imminent evictions: she toured an encampment in Porte de la Chapelle, Paris,
scheduled for eviction the following day; a squat in Toulouse, scheduled for eviction on 15
April 2019; and a Roma informal settlement in Marseilles, scheduled for eviction in July
2019.
48.
The 2017 act on equality and citizenship provides additional procedural protection for
persons living in informal circumstances, as it recognizes that a judicial order is required
before evicting any inhabited place, including tents or informal structures including motor
vehicles.35 Most evictions of informal settlements are carried out after judicial orders, but
national courts do not always implement international human rights standards, as they
frequently authorize evictions without ensuring alternative housing, rendering the evictees
homeless.
49.
It is estimated that less than 5 per cent of all persons evicted are relocated to new longterm housing options, in compliance with international human rights standards. 36 A 2018
study conducted by Romeurope found that only 12.7 per cent of evicted households were
provided with temporary accommodation, often in social hotels. The study also found that
long-term housing solutions with social support were offered to only 2.5 per cent of
households evicted, while only 18 persons (0.2 per cent) were accommodated in traditional
housing units.37
50.
The Special Rapporteur welcomes the fact that, since 1954, a winter moratorium has
been in place on evictions, except in cases posing a threat to security or health. However,
these exceptions have proved too broad, as there were still more than 1,800 persons evicted
during winter 2017–2018.
51.
The Special Rapporteur is similarly concerned about the rise in eviction procedures
initiated against tenants in rental accommodation, the majority due to arrears. In 2017, 65,828
eviction orders were approved by the courts. While most tenants leave their home before
enforcement measures are ordered or implemented, evictions that were enforced by police
doubled from 6,337 evictions in 2001 to 15,547 in 2017. 38 As a consequence, many of those
evicted spent several months in emergency accommodation, financed or subsidized by the
State. These high costs could be avoided if households were offered alternative and
affordable long-term housing prior to their eviction.
52.
Despite official regulations prohibiting the eviction of households that have received
priority status under the act establishing the enforceable right to housing, more than 140 of
these households were evicted in 2019.39
53.
International human rights law strictly prohibits eviction into homelessness, which
constitute severe violations of the right to housing. Evictions are justifiable only if all feasible
alternatives have been explored in consultation with the resident and once nearby alternative
33
34
35
36
37
38
39
10
See, for example, communications FRA 3/2014, FRA 3/2016 and FRA 1/2018 and the responses to
them by the Government, available at https://spcommreports.ohchr.org/; Amnesty International,
Chased Away: Forced Evictions of Roma in Ile-de-France (London, 2012); and Amnesty
International, Told to Move On: Forced Evictions of Roma in France (London, 2013).
Collectif National Droits de L’Homme Romeurope, “Note d’analyse: expulsions de bidonvilles et
squats habités par des personnes originaires d’Europe de l’Est en France métropolitaine”, March
2018.
Act No. 2017-86 of 27 January 2017.
Interministerial Task Force on Accommodation and Access to Housing, Résorption des Bidonvilles :
Bilan 2017 – Panorama 2018 (Paris, 2018), p. 7.
Collectif National Droits de L’Homme Romeurope, “Note d’analyse”.
Fondation Abbé Pierre, L’état du mal-logement, p. 244.
High-level Committee on Housing of Disadvantaged Persons, “Le Haut Comité au Logement des
Personnes Défavorisées s’indigne des expulsions des ménages reconnus Dalo”, 23 October 2019.
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