27. For many years in Hungary, only lawfully staying persons could initiate a statelessness determination procedure, rendering the process almost meaningless, as stateless persons typically have no or extremely limited access to personal documents and most stateless people in need of international protection may face insurmountable difficulties to fulfil the very strict material conditions for a lawful entry and stay in Hungary. However, the Hungarian Constitutional Court, in a decision in February 2015, held that the “lawful stay” requirement in the statelessness determination procedure is unconstitutional. This is a positive development in the protection of stateless persons, which brings the Hungarian procedure into compliance with international standards on this issue. The requirement is scheduled to lose effect on 30 September 2015.30 28. While the above positive development is a step in the right direction, it exposes another gap in the law and policy framework, which if not addressed, would undermine the rights of stateless persons. Prior to the Constitutional Court decision, all stateless persons without a legal status were excluded from protection. However, after this judgment takes effect, persons lacking a legal status will be eligible to apply to be recognised as stateless but may in the process be vulnerable to detention, destitution and expulsion. In order to avoid this situation, all applicants under the procedure should be granted temporary legal status, in compliance with the guidance provided in the UNHCR Handbook on Protection of Stateless Persons. At a minimum, the status must guarantee identity papers, the right to self-employment, freedom of movement, and protection against expulsion. UNHCR also recommends that applicants receive the same standards of treatment as asylum-seekers whose claims are being considered. In addition, the status must reflect applicable human rights, such as the protection against arbitrary detention and assistance to meet basic needs. In particular, allowing applicants to engage in wage-earning employment, even on a limited basis, is beneficial to Hungary as it may reduce pressure on resources and contribute to the dignity and self-sufficiency of the applicants.31 Restrictions on Access to the Labour Market and other Socio-Economic Rights of Recognised Stateless Persons 29. Under its international obligations, Hungary shall accord to stateless persons the right to employment, housing, health care, and public education as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.32 These obligations under the 1954 Statelessness Convention are further strengthened and shaped by Hungary’s obligations under the International Covenant on Economic, Social and Cultural Rights. (2012), para. 17, available at http://www.refworld.org/docid/4f7dafb52.html; European Network on Statelessness, Statelessness Determination and the Protection of Status of Stateless Persons (2013), Section III.1, available at http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/Statelessness%20deter mination%20and%20the%20protection%20status%20of%20stateless%20persons%20ENG.pdf. 30 See http://www.statelessness.eu/blog/hungarian-constitutional-court-declares-lawful-stay-requirementstatelessness-determination. 31 See UNHCR, Handbook on Protection of Stateless Persons under the 1954 Convention Relating to the Status of Stateless Persons (2014), paras. 144-146, available at http://www.refworld.org/docid/53b676aa4.html. 32 1954 Convention Relating to the Status of Stateless Persons, Articles 17-24.