In addition to these instruments, the 1951 Convention Relating to the Status of Refugees expressly applies to stateless refugees, as does the 1967 Protocol Relating to the Status of Refugees (hereinafter collectively referred to as the “1951 Convention”) by implication.33 A stateless person who is also a refugee must benefit from the protection of the 1951 Convention and international refugee law, which offer a higher protection standard.34 The Czech Republic succeeded to the 1951 Convention on 11 May 1993. At the European level, the European Convention on Nationality (ECN), which entered into force in 2000, and currently has 21 State Parties is of particular relevance to the issue of statelessness.35 The Czech Republic ratified the ECN on 19 March 2004. In its Article 4, the ECN states that the rules on nationality of each State Party shall be based on, among other things, the principle that statelessness shall be avoided. While broader in scope, covering a range of questions relating to the acquisition and loss of nationality, this instrument contains safeguards similar to those found in the 1961 Convention. Article 6 (2) of the ECN provides a safeguard against statelessness at birth similar, though not identical, to that of the 1961 Convention. Also, Article 6 (1) (b) provides that foundlings are to acquire nationality if they would otherwise be stateless. In addition, Article 6 (4) (g) determines that the State Party shall facilitate the acquisition of its nationality to stateless persons. Finally, Article 7 of the ECN, on the loss of nationality ex lege or at the initiative of a State Party, contains a safeguard against statelessness. In addition to the ECN, the European Convention on Human Rights and Fundamental Freedoms (ECHR) is also increasingly relevant to the prevention of statelessness and the protection of stateless persons. In general, the ECHR sets out rights to be enjoyed by all persons within a State’s jurisdiction, whether they are the State’s own nationals, foreign nationals or stateless persons. Although the ECHR does not explicitly protect the right to a nationality, the European Court of Human Rights (ECtHR) has recognized in its jurisprudence that the impact of the denial of citizenship on a person’s social identity brings it within the scope of Article 8 of the ECHR, which enshrines the right to respect for private and family life.36 According to the ECtHR, States have a positive obligation under Article 8 to provide an effective and accessible procedure or a combination of procedures enabling stateless persons to have the issues of their stay and status determined with due regard to their private-life interests.37 3.2 Legislation concerning the identification and protection of stateless persons When acceding to the 1954 Convention, the Czech Republic made a reservation (referred to as a “declaration”) according to which identity papers pursuant to Article 27 and travel documents pursuant to Article 28 shall be issued only to stateless persons with a valid permanent residence in the Czech Republic. This reservation has consequences on the scope of potential beneficiaries of rights under the 1954 Convention as well as their applicability to stateless persons living in the Czech Republic. Permanent residence can only be obtained after completing five years of legal residence in the country and applicants, amongst other prescribed conditions, must have a valid passport in order to file the application.38 The Czech Republic’s reservation further concerns Article 23 on public relief and assistance, and Article 24 (1) (a) on remuneration and working conditions. With regards to these two provisions, the reservation stipulates that they shall be applied solely to the extent provided by the national legislation. 33 UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, Article 1(A)(2) (“Definition of the term ‘refugee’”), available at: https://www.refworld.org/docid/3be01b964.html. 34 UNHCR, Handbook on Protection of Stateless Persons, cited above, para. 12. 35 See Council of Europe’s Treaty Office, available at: http://goo.gl/k7bvWl. 36 Genovese v. Malta, Application no. 53124/09, Council of Europe: European Court of Human Rights, 11 October 2011, available at: https://www.refworld.org/cases,ECHR,509ea0852.html. 37 Hoti v. Croatia, Application no. 63311/14, Council of Europe: European Court of Human Rights, 26 April 2018, available at: https://www.refworld.org/cases,ECHR,5ae1b4e94.html, para. 137. 38 Section 70 (1)(b) of Law No. 326/1999 Coll., on the Residence of Foreign Nationals in the Territory of the Czech Republic, as amended. Pursuant to its Section 108, a passport or another international travel document or travel identity card. Such documents are only issued by Czech administrative bodies under certain specific conditions defined in Section 114 of the Residence of Foreign Nationals Act. UNHCR Czech Republic 17