IV. International legal framework and OSCE commitments
drafted as an addendum (Protocol on stateless persons) to the 1951 Refugee Convention but was later made into a Convention in its own right. It
establishes an internationally recognized status for stateless persons and
recognizes a number of key rights that stateless persons should be able to
enjoy, such as such as freedom of religion (Article 4), freedom of association
(Article 15), access to courts (Article 16), freedom of movement (Article 26),
identity documentation (Article 27), and internationally recognized travel
documents (Article 28).
As the enjoyment of the rights guaranteed under the 1954 Convention does not equate to the possession of a nationality, the Convention calls
upon States to facilitate the naturalization of stateless persons (Article 32).
Protection of stateless persons under the 1954 Convention should be seen
as a temporary response while avenues for the acquisition of nationality
are explored.
The minimum standards of the 1954 Convention are complemented
by the provisions of international human rights treaties that guarantee the
enjoyment of basic human rights by everyone regardless of nationality or
lack thereof. Such treaties include:
— the International Covenant on Civil and Political Rights,
— the International Convention on the Elimination of All Forms of
Racial Discrimination,
— the Convention on the Rights of the Child,
— the Convention on the Elimination of All Forms of Discrimination
against Women,
— the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, and
— the Convention on the Rights of Persons with Disabilities.
Specific obligations relating to the prevention and reduction of statelessness are established under the 1961 UN Convention on the Reduction
of Statelessness. It requires that States establish safeguards in legislation
to address statelessness occurring at birth or later in life.
By applying the safeguards elaborated in the 1961 Convention, States
can prevent new cases of statelessness from arising, thereby leading to a
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