3 LEGAL ANALYSIS OF STATELESSNESS IN THE CZECH REPUBLIC 3.1 The international and regional legal framework At the international level, two Conventions deal specifically with statelessness: the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.22 The 1954 Convention is the primary international instrument aimed at the protection of stateless persons. It establishes the legal definition of a “stateless person” and accords a core set of principles for their treatment. The 1954 Convention entered into force in 1960 and currently has 94 State Parties.23 The Czech Republic acceded to the 1954 Convention on 19 May 2004 and made a reservation to Articles 27 and 28. While not all its provisions have been incorporated in national legislation, the Convention has direct effect in the national law. The 1961 Convention is the leading international instrument that provides rules for the conferral and withdrawal of citizenship to prevent and reduce cases of statelessness. By setting out rules to limit the occurrence of statelessness, the Convention gives effect to Article 15 of the Universal Declaration of Human Rights, which recognizes that “everyone has the right to a nationality.” The 1961 Convention entered into force in 1975 and presently has 75 State Parties.24 The Czech Republic acceded to the 1961 Convention on 19 December 2001. UNHCR’s Guidelines on Statelessness No. 4 (“Guidelines”)25 address the prevention of statelessness at birth under the 1961 Convention. Developed on the basis of consultations with international experts and a broad range of stakeholders, the UNHCR Handbook and the Guidelines will be used in the present report to elucidate the obligations and best practices flowing from the respective Conventions. Other international human rights instruments contain provisions relevant to issues relating to nationality and statelessness. Instruments such as the International Covenant on Civil and Political Rights (ICCPR),26 the Convention on the Rights of the Child (CRC),27 the Convention on the Elimination of Discrimination Against Women (CEDAW),28 and the International Convention on the Elimination of Racial Discrimination (ICERD)29 contain provisions on the right to a nationality,30 on equal treatment of men and women31 and on the prohibition of discrimination.32 The Czech Republic is party to all the above human rights treaties. 16 22 UN General Assembly, Convention relating to the Status of Stateless Persons, New York, 28 September 1954, United Nations, Treaty Series, vol. 360, p. 117 available at: https://www.refworld.org/docid/3ae6b3840.html; UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961, United Nations, Treaty Series, vol. 989, p. 175, available at: https://www.refworld.org/docid/3ae6b39620.html. 23 As of December 2018. UN Treaty Collection database, available at: https://treaties.un.org/Pages/Treaties.aspx?id=5&subid=A&clang=_en. 24 As of December 2018. UN Treaty Collection database, available at: https://treaties.un.org/Pages/Treaties.aspx?id=5&subid=A&clang=_en. 25 UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, cited above. 26 UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171, available at: https://www.refworld.org/docid/3ae6b3aa0.html. 27 UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available at: https://www.refworld.org/docid/3ae6b38f0.html. 28 UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, United Nations, Treaty Series, vol. 1249, p. 13, available at: https://www.refworld.org/docid/3ae6b3970.html. 29 UN General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, United Nations, Treaty Series, vol. 660, p. 195, available at: https://www.refworld.org/docid/3ae6b3940.html. 30 Art. 24 ICCPR, Art. 7 CRC, Art. 9 CEDAW, Art. 5 d) iii) ICERD. 31 Arts. 3 and 23 ICCPR, Arts. 2 a) and 3 CEDAW. 32 Arts. 2 and 26 ICCPR, Art. 2 CRC. Faces of Statelessness in the Czech Republic