(Article 22), housing (Article 21), and freedom of movement (Article 26). For other specific
rights, Contracting States are encouraged to accord stateless persons lawfully residing
on their territory a standard of treatment comparable to that accorded to nationals of
the State, particularly for freedom to practice a religion (Article 4), artistic rights and
industrial property (Article 14), access to the courts (Article 16), public relief (Article 23),
and labour legislation and social security (Article 24).
Are recognized stateless persons
entitled to identity and travel documents?
The Convention stipulates that Contracting States shall issue identity papers to any
stateless person in their territory who does not possess a valid travel document. Article
28 stipulates that Contracting States shall issue travel documents to stateless persons
who lawfully reside on their territory, unless compelling reasons of national security and
public order argue otherwise.
The issuance of a document does not imply a grant of nationality, does not alter the
status of the individual, and does not grant the right to benefit from diplomatic protection.
The second part of Article 28 invites States to issue travel documents to any stateless
person in the territory, even those who are not lawful residents. States are asked to
consider issuing Convention Travel Documents to stateless persons who are on their
territory and who are unable to obtain a travel document from their country of lawful
residence. This provision is particularly important, given that many stateless persons may
not have a country of lawful residence. A travel document both helps to identify the stateless
person and also allows the individual to seek entry into an appropriate State.
Travel documents are particularly important to stateless persons in facilitating travel to
other countries for study, employment, healthcare or resettlement. In accordance with
the Schedule to the Convention, each Contracting State agrees to recognize the validity
of travel documents issued by other States Parties. UNHCR can offer technical advice
on issuing these kinds of documents.
Can a State expel a person recognized as stateless?
Under the terms of the Convention, stateless persons lawfully staying in the country are
not to be expelled except on grounds of national security or public order. Expulsions
are subject to due-process-of-law safeguards, unless there are compelling reasons of
national security. Procedural guarantees should therefore be in place to allow the stateless
person to answer and to submit evidence concerning any accusation, to be represented
by a legal counsel, and to be granted the right of appeal.
The Final Act of the Convention indicates that non-refoulement is a generally accepted
principle. Non-refoulement, the principle of not returning a person to a territory where
he/she would be at risk of persecution, is explicitly upheld or interpreted in the provisions
of several international treaties, including Article 33 of the 1951 UN Convention relating
to the Status of Refugees, Article 3 of the UN Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment, and Article 7 of the International
Convenant on Civil and Political Rights, and several regional human rights instruments.
24
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