Submitted by the FAPIL, the GISTI, the DAL, the AFVS and the FNARS on January 29th 2009, the High Authority fighting against discrimination and for equal rights (Haute Autorité de Lutte contre les Discriminations et pour l’Egalité - HALDE) has just given a verdict towards the discriminating nature of the conditions of access to the “DALO” appeal.
The March 5th 2007 “DALO Act” (text in French) claims that the right to decent and independent housing is guaranteed by State to anyone who is not in a position to have access to it by his or her own means or to hold on to it. It somehow lays down the condition of being resident in France on a regular basis and under permanent conditions described in statutory order.
The September 8th 2008 statutory order describes these conditions of permanent residency which enable foreign citizens living in France to assert their right to housing in front of a commission on arbitration and to the administrative court.
- The right to appeal is open to non European Union (EU) citizens in hold of a 10 year old residence permit.
- The right is also open to documented immigrants who can prove having been resident on French territory for at least 2 years through a one year resident permit renewed at least twice.
This preliminary residency condition imposed only on non-EU citizens is in itself discrimination. The HALDE asked Benoist Apparu, State Secretary for Housing and Urbanisation to abrogate this restriction which is against Constitution and against France’s international commitments.
“The condition to be resident for at least 2 years before being allowed to submit a request file to the commission in charge of the DALO procedure, which is a preliminary residency condition imposed only on non-EU citizens, appears to be some unfavourable treatment founded only on nationality. It does not seem to be justified and in scale with the objective led by the DALO Act, that is to guarantee the right to decent housing for the most destitute”.
“The college advises the State Secretary for Housing and Urbanisation to abrogate this restriction and asks to be informed on the request’s follow up within 4 months”.
Equal access to appeal is a prime condition for law enforcement as the deliberation taken by the HALDE emphasizes. The doors opened by the right to enforceable housing should be open to anyone living in the most difficult conditions.
The State guarantee for the right to housing concerns anyone living in this country who fulfils the conditions of access to housing. There cannot be any orphan category deprived of fundamental rights provided by law.
The signatories:
ADVOCACY France
Association des Familles Victimes du Saturnisme (AFVS)
ATD Quart Monde
Centre d’Action Sociale Protestant (CASP)
Droit Au Logement (DAL)
Emmaüs France
Fédération des Associations et des acteurs pour la Promotion et l’Insertion par le Logement (FAPIL)
Fondation Abbé Pierre
Groupe d’Information et de Soutien des Immigrés (GISTI)
Ligue des Droits de l’Homme (LDH)
Secours Catholique (Caritas France)
Union nationale des professionnels de l’hébergement social (UNAFO)
Download the HALDE deliberation n°2009 dated November 30th 2009 (in French)
- Délibération de la HALDE n°2009-385 du 30 novembre 2009
Translated from French by Frédérique Cloiseau
