20. In some instances the lack of response of foreign authorities may be evidence
that an individual is not considered a national of that country.
Status of Stateless Persons at the National Level
21. Whether or not an individual is stateless is a matter of fact, and recognition of
an individual’s statelessness is declaratory of that fact.
22. International human rights law applies to stateless persons irrespective of their
legal status in the country in which they find themselves.
Individuals awaiting determination
23. States should ensure that provision is made in line with the relevant provisions
of the 1954 Convention and international human rights law for the needs of
persons awaiting determination of their statelessness status. States should
afford applicants for statelessness determination a minimum set of rights
(including work, education, healthcare and housing rights), subject to this
being consistent with the requirements of the 1954 Convention and the norms
on non-discrimination contained in international human rights law. States
should take particular care to avoid the arbitrary detention of applicants for
statelessness status and consider alternatives to detention pending
determination of statelessness status.
Individuals recognized as stateless
24. For stateless individuals within their own country, as opposed to those who are
in a migration context, the appropriate status would be one which reflects the
degree of attachment to that country, namely, nationality.
25. When States recognize individuals as being stateless, they should provide such
persons with a lawful immigration status from which the standard of treatment
envisaged by the 1954 Convention flows. Having a lawful status contributes
significantly to the full enjoyment of human rights.
26. In some cases stateless persons may have a right of residence in the State
pursuant to international human rights law, for example under Article 12 of the
ICCPR. Current practice demonstrates that most States with determination
procedures grant a status in national law, including the right of residence, upon
recognition, often in the form of fixed-term, renewable residence permits.
27. While the 1954 Convention does not explicitly prescribe a right of residence to
be accorded upon a person’s recognition as stateless, granting such a right is
reflected in current State practice to enable stateless individuals to live with
dignity and in security. Participants agreed that this approach is the best means
of ensuring protection of stateless persons and upholding the 1954
Convention. Without such status, many stateless persons may be deprived of
the protection of the Convention. Nonetheless, it was also discussed whether
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