Hirtu and Others v. France, No. 24720/13, ECtHR (Fifth Section), 14 May 2020

Private and family life. Clearance of an unlawful Roma encampment. Proportionality assessment.

Art. 8 ECHR

1. As a result of their turbulent history and constant uprooting, the Roma have become a specific type of disadvantaged and vulnerable ethnic minority: this requires paying particular attention to their needs and their lifestyle, both in the preparation of the regulatory framework and when the authorities have to take operational decisions in specific cases.
2. The clearance of an encampment inevitably has repercussions on private life and family ties of people involved: for this reason, this measure amounts to an interference with the fundamental right to respect for private and family life. In order not to incur a violation of art. 8 ECHR, national authorities must take proportionate measures, taking into due consideration the typical needs of the Roma ethnic minority, not only when they seek solutions for the illegal occupation of places, but also when clearing is necessary, having to choose the date and methods of the operation and, where possible, offers of temporary accommodation (case in which the Court of Strasbourg considered that the eviction of an unlawful encapment had taken place in a manner that was not compatible with the proportionality requirement, although the measure was justified on the basis of the national law and pursued legitimate objectives).