Legal briefing: Statelessness and the right to respect for private and family life October 2024 Toolkit on Statelessness for Legal Practitioners, and other resources available at https://www.statelessness.eu/. 1.1. Definition of a stateless person The key international legal instruments relating to the protection of stateless persons and prevention of statelessness are the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention)3 and the 1961 Convention on the Reduction of Statelessness (1961 Convention).4 In determining whether a person is stateless and whether they should be entitled to protection, States must refer to the definition of a stateless person in Article 1(1) of the 1954 Convention, which defines as stateless “a person who is not considered as a national by any State under the operation of its law”. This definition forms part of customary international law and is the internationally accepted definition of statelessness.5 It should be used in the interpretation and application of any other legal instruments referring to stateless persons, including the 1954 Convention as well as the 1961 Convention. Definition of the term “Stateless person” 1. For the purpose of this Convention, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law. The 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws provides that it is for each State to determine under its own law who its nationals are, and “any question as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State”.6 Likewise, UNHCR has emphasised that the determination of whether the person is recognised as a national should not be based on a Contracting State’s interpretation of another State’s nationality 3 UN, Convention Relating to the Status of Stateless Persons, Treaty Series, vol. 360, p. 117, 28 September 1954, entered into force 6 June 1960. 4 UN, Convention on the Reduction of Statelessness, Treaty Series, vol. 989, p. 175, 30 August 1961, entered into force 13 December 1975.. 5 International Law Commission, Draft Articles on Diplomatic Protection with commentaries, Yearbook of the International Law Commission, 2006 Vol. II (Part Two): https://www.refworld.org/docid/525e7929d.html. 6 League of Nations, Convention on Certain Questions Relating to the Conflict of Nationality Law, Treaty Series, vol. 179, p. 89, No. 4136, 13 April 1930, Articles 1 and 2. 3