When a person’s statelessness has been determined, he or she is entitled to the core rights of the 1954 Convention.144
In the first place, this means granting the right of residence, which is not explicitly set forth in the 1954 Convention,
but follows from its object and purpose.145 In addition, stateless persons have a right to work, based on Article 17
of the 1954 Convention.
Apart from the 1954 Convention, other instruments also provide content to the protection of stateless persons.
Human rights law instruments, including the ICCPR, the International Covenant on Economic, Social and Cultural
Rights (ICESCR), the CRC, CEDAW and in Europe the ECHR, enumerate certain rights relevant to the protection of
stateless persons.
In the following section, the rights of stateless persons as provided by the international legal framework will be
addressed and compared to the standards provided within the national legal system. This includes a description
of administrative and judicial procedures in which the determination of statelessness may take place, even though
these procedures do not have the establishment of statelessness as a specific aim.146
3.2 National legal framework
As noted above, Denmark is a state party to the 1954 Convention, which entered into force in Denmark on 6 June
1960.147 Denmark has made reservations to Article 24 on labor legislation and social security and to Article 31 on
expulsion. The reservations are as follows:
Denmark is not bound by Article 24, paragraph 3.148
The provisions of Article 24, paragraph 1, under which stateless persons are in certain cases placed on the
same footing as nationals, shall not oblige Denmark to grant stateless persons in every case exactly the
same remuneration as that provided by law for nationals, but only to grant them what is required for their
support.149
Article 31 shall not oblige Denmark to grant to stateless persons a status more favorable than that accorded
to aliens in general.150
Denmark has a dualistic system of law, meaning that – in principle – rules of public international law are not
automatically part of Danish law. If convention provisions conform to a pre-existing legal situation, no specific
measures are needed, since there will be ‘harmony of norms’. In other cases in principle, transformation (re-writing)
or incorporation of the provisions of the convention is necessary in order to ensure that the conventions are
enforceable by Danish courts and other law-applying authorities.151
144
Some convention rights apply to all stateless persons in a state’s territory or otherwise subject to the state’s jurisdiction. Others are
dependent upon factors such as the type of residence the individual holds. See ibid.
145
Ibid, para. 147.
146
UNHCR Handbook on Protection of Stateless Persons, para. 57.
147
Denmark was the first state to ratify the Convention.
148
Article 24(3) of the 1954 Convention: ‘The Contracting States shall extend to stateless persons the benefits of agreements concerning the
maintenance of acquired rights and rights in the process of acquisition in regard to social security, subject only to the conditions which
apply to nationals of the States signatory to the agreements in question.’
149
Ibid, Article 24(1) provides that Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment as
is accorded to nationals in respect of working conditions, social security etc.
150
Ibid, Article 31(1): ‘The Contracting States shall not expel a stateless person lawfully in their territory save on grounds of national security or
public order.’
151
See the report by the Incorporation Committee (betænkning No. 1407 of 2001), On the Incorporation of Human Rights in Danish Law,
summary in English, p. 320 ff.
UNHCR Representation for the Nordic and Baltic Countries
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