31. According to Article 10 of the Czech Constitution, international treaties have primacy in case of conflict with national legislation. International conventions on statelessness are thus part of the Constitutional order of the Czech Republic. Therefore, under certain circumstances, the absence of a legal status of persons recognised as stateless could be overcome by direct application of the 1954 Convention. Nonetheless, the Czech Republic does not fully implement its international obligations towards stateless persons, which has a considerable impact on the effective realisation of their rights as well as on the predictability and legality of administrative and judicial procedures which lack clear legal guidelines. The Czech Republic also made reservations to Article 27 and Article 28 according to which identity papers and travel documents shall be issued only to stateless persons with a valid permanent residence in the Czech Republic. Considering that permanent residence may only be obtained after completing five years of legal residence in the country and applicants, amongst other prescribed conditions, must have a valid passport in order to file the application, these reservations restrict the scope of the rights that should be granted to stateless people, contravening the object and purpose of the 1954 Convention. The Czech Republic made further reservations providing that Article 23 on public relief and assistance and Article 24(1)(a) on remuneration and working conditions shall be applied solely to the extent provided by national legislation. All reservations to the 1954 Convention should be withdrawn. Issue 2 – Liberty and security of the person and arbitrary detention Arbitrary detention of stateless persons 32. Stateless people face a heightened risk of arbitrary detention particularly where procedural safeguards to identify and determine statelessness and related barriers to removal are lacking.36 Moreover, arbitrary and disproportionately lengthy detention can ensue when the particular vulnerabilities of stateless people are not addressed.37 According to international norms and standards, detention should be a measure of last resort, used in exceptional cases and only justified where other less invasive or coercive measures have been considered and found insufficient. The UN has called upon States to adopt alternative measures to detention.38 Regarding immigration detention, powers need to be provided for in law and restricted to purposes allowed under international and European law.39 A proposed country of removal should be identified prior to detention for removal and detention only maintained for as long as removal arrangements are in progress and executed with due diligence.40 A maximum period of detention should be set in law and upon expiry the detainee must be automatically released. Judicial oversight of detention is necessary as well as access to legal representation.41 36 European Network on Statelessness, Protecting Stateless Persons from Arbitrary Detention: An Agenda for Change, 2017 https://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agend a_online.pdf 37 European Network on Statelessness, Protecting Stateless Persons from Arbitrary Detention: A regional toolkit for practitioners, 2017 https://www.statelessness.eu/sites/www.statelessness.eu/files/ENS_Detention_Toolkit.pdf 38 Article 9 of International Covenant on Civil and Political Rights, 1966; Article 5 of European Convention on Human Rights; Article 15(1) of EU Returns Directive; UN General Assembly, Protection of migrants, A/RES/63/184 (2009). 39 International Covenant on Civil and Political Rights, 1966: Articles 7 and 9(1). Repeated attempts to expel a person to a country that refuses to admit them could amount to inhuman or degrading treatment. 40 European Convention on Human Rights, 1950: Article 5 (1). EU Returns Directive: Articles 15(1), 15(4) and 16(3). 41 International Covenant on Civil and Political Rights, 1966: Article 9(4). European Convention on Human Rights, 1950: Article 5(4). EU Returns Directive: Articles 12, 13(3) and 15(5); HRC, Report of the Working Group on Arbitrary Detention (2010); UNHCR, Detention Guidelines (2012); UNHCR, Handbook on Protection (2014). 8

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