3. Determination of statelessness and rights attached to the status 3.1 Introduction It has been explained in the introductory section above that the 1954 Convention sets out the definition of a “stateless person”. This definition identifies the persons who are entitled to the protection provided by the 1954 Convention. While ultimately only the acquisition of a nationality will end a person’s statelessness, in situations where this is not (yet) possible, it is necessary to protect stateless persons.82 Having a statelessness determination procedure makes it possible to identify those persons who are entitled to the protection regime of the 1954 Convention. For a statelessness determination procedure to be fair and efficient, a number of procedural safeguards must be taken into consideration. The procedure must be accessible for stateless persons83 and while the procedure is underway, applicants should be entitled to a certain number of rights.84 During the procedure, stateless persons may not be detained for reasons relating to their statelessness. Where they are detained, it must be a measure of last resort and the person may not be held with convicted criminals or individuals awaiting trial.85 Moreover, pending the outcome of the procedure, the applicant may not be expelled from the State where the procedure is ongoing.86 When a person’s statelessness has been determined, he or she is entitled to the rights of the 1954 Convention. In the first place, this means granting the right of residence, which is not explicitly laid down in the 1954 Convention, but follows from its object and purpose.87 Also, stateless persons have a right to work, based on Article 17 of the 1954 Convention.88 The right to public relief (of Article 23 of the 1954 Convention) and the right to identity and travel documents (Articles 27 and 28 of the 1954 Convention respectively) are further important rights for persons recognized as stateless to be discussed here. Apart from the 1954 Convention, other instruments provide content to the protection of stateless persons as well. Human rights law, for example the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights Rights (ICESCR), CRC, CEDAW and – in Europe – the ECHR, contains certain rights especially relevant for the protection of stateless persons. 82 UNHCR recommends nationality campaigns or nationality verification procedures for those populations that have longestablished ties with the state, including long-term habitual residence or residence at the time of state succession. UNHCR, “Handbook on Protection of Stateless Persons”, para 58-59. 83 UNHCR, Handbook on Protection of Stateless Persons, para 68 to 70. 84 UNHCR, Handbook on Protection of Stateless Persons, para 144 to 146. 85 UNHCR, Handbook on Protection of Stateless Persons, para 112-115. 86 UNHCR, Handbook on Protection of Stateless Persons, para 72 and 145. 87 UNHCR, Handbook on Protection of Stateless Persons, para 147. 88 Moreover, Articles 18 and 19 of the 1954 Convention provide the rights to self-employment and to practice liberal professions. UNHCR STOCKHOLM, NOVEMBER 2014 25