The same lack of working rights etc. applies to rejected stateless asylum-seekers who are “in a return situation,”
and stateless persons who are not entitled to stay in Denmark, but who are allowed a “tolerated stay” if they
cannot be returned due to risk of death penalty, torture, persecution or similar reasons.213
Article 19 provides in its entirety:
Each Contracting State shall accord to stateless persons lawfully staying in their territory who hold
diplomas recognized by the competent authorities of that State, and who are desirous of practicing a liberal
profession, treatment as favorable as possible and, in any event, not less favorable than that accorded to
aliens generally in the same circumstances.
As is the case for Article 17, there are no provisions in Danish law or policy implementing the requirements in Article
19 in respect of stateless persons.
As mentioned above in Chapter 3.2, Denmark has made two reservations to Article 24. Denmark’s reservation
to paragraph 1 requires it to grant to stateless persons lawfully staying in their territory only “what is required for
their support,” not to treat them equally to nationals in respect of the matters enumerated in paragraph 1.214 Again,
stateless persons in Denmark are in the same position as other foreigners – their right to public relief is dependent
on their residence right.
3.4.2.3 The right to public relief
Article 23 (public relief) is among the “lawfully staying” rights, persons recognized as stateless are entitled to
enjoy.215 Article 23 of the 1954 Convention provides in its entirety:
The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment
with respect to public relief and assistance as is accorded to their nationals.
Because recognition of an individual as a stateless person “triggers the ‘lawfully staying rights”,216 Article 23 must
be interpreted as applicable to all persons recognized as stateless by a state within that state’s territory.
There is no express provision in Danish law that affords stateless persons the right to public relief by virtue of their
statelessness. Rather, under Danish law, a stateless person has access to public relief based on a temporary or
permanent residence permit. Stateless persons in Denmark holding such residence permits are treated equally to
nationals with respect to public relief.
However, stateless persons who lack a residence permit – and who are not in the process of applying for asylum
or a residence permit on other grounds (apart from statelessness)217 – do not have access to public relief (by virtue
of their statelessness).
213
Aliens on tolerated stay may be aliens who are deemed a danger to national security, a serious threat to the public order, safety or health;
or aliens who are deemed to fall within Article 1F of the Refugee Convention (Section 10 of the Aliens Act). They may be on tolerated stay
in Denmark insofar as they cannot be returned to a country where they will risk of the death penalty or of being subjected to torture or
inhuman or degrading treatment or punishment, or where they will not be protected against being sent on to such a country (Section 31).
214
The reservation reads: 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. See United Nations Treaty Collection, 1954 Convention relating
to the Status of Stateless Persons, Declarations and Reservations, available at: https://bit.ly/333l0ya.
215
UNHCR Handbook, para 136.
216
Handbook, para 150.
217
According to the Aliens Act section 42a, aliens who are in the process of applying for asylum or a residence permit on other grounds will
have their expenses for maintenance and any necessary healthcare services defrayed by the Danish Immigration Service.
UNHCR Representation for the Nordic and Baltic Countries
55
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