. Identification
re ention and reduction o state essness
Standards of treatment for stateless persons
Under international human rights law, States assume obligations and duties
to respect, protect and fulfil human rights. In seeking adequate protection
for stateless persons in particular, adequate legislation and good administrative practices should be in place. The 1954 Convention remains the only international treaty aimed specifically at regulating the standards of treatment
for stateless persons.103 The Convention, therefore, is of critical importance
in ensuring the protection of this vulnerable group.
Articles 12 to 32 of the 1954 Convention establish a broad range of civil,
economic, social and cultural rights for States to accord to stateless persons.
The 1954 Convention divides these rights into the following categories:
— juridical status (including personal status, property rights, right of
association, and access to courts);
— gainful employment (including wage-earning employment, selfemployment, and access to the liberal professions);
— welfare (including rationing, housing, public education, public relief,
labour legislation, and social security); and
— administrative measures (including administrative assistance,
freedom of movement, identity papers, travel documents, fiscal
charges, transfer of assets, expulsion, and naturalization).
International human rights law supplements the protection regime set out
in the 1954 Convention.104 While a number of provisions of international
human rights law replicate the rights found in the 1954 Convention, others provide for a higher standard of treatment or for rights not found in the
Convention at all. Of particular importance to stateless persons is the right
enshrined in Article 12(4) of the ICCPR to enter one’s “own country”. This
goes beyond a right of entry to one’s country of nationality. It also guarantees the right of entry, and thus the right to remain, of individuals with
special ties to a State. This includes, for instance, stateless persons who
are long-established in a State as well as stateless persons who have been
stripped of their nationality in violation of international law, or who have
been denied the nationality of a State that has acquired through State succession the territory in which they habitually reside.
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