in a failure to uphold the rights of stateless people, leaving many facing years of uncertainty, social exclusion, risks of arbitrary immigration detention, and other human rights violations.33 33. Moreover, according to international norms and standards, statelessness status should include a residence permit, access to economic, social, civil, and political rights, the right to administrative assistance, exemption from requirements stateless people cannot meet because they are stateless, and other rights protected by international law. States should also establish a facilitated route to naturalisation so stateless people can acquire a nationality and resolve their statelessness.34 34. Positively, Law 362/2005 transposes the 1954 Convention,35 therefore the definition of a stateless person and exclusion provisions are in accordance with the 1954 Convention and the courts apply them in practice. 35. However, Romania does not currently have a dedicated SDP to identify stateless persons on its territory, determine their statelessness, and facilitate their access to rights. While there are some procedures in which statelessness may be acknowledged (e.g. during asylum procedures, returns, or border procedures), there is no clear procedure set in law, nor any Government guidance nor training on statelessness for decision-makers.36 In general, no rights are granted to stateless people on the basis of their statelessness, and the rights they can access depend on the respective status as asylum-seekers, persons with irregular residence status (at the border or in detention), persons with a tolerated stay permit, or persons granted another form of protection or residence. Generally, no distinction is made between people with or without a nationality in these contexts. 36. Stateless people who qualify for a residence permit, international protection or tolerated stay will be issued with identity documents. Stateless persons are specifically mentioned as beneficiaries of health insurance, the public pensions system, minimum inclusion income, social assistance, insurance for accidents at work and occupational health, preventing and combating social marginalisation, labour rights, protection of maternity in the workplace, apprenticeships, family support, and access to education. However, apart from emergency medical services, these benefits are accessible only to stateless persons who have a valid residence permit. Stateless persons are not mentioned among the priority categories for housing, and access to legal aid is limited to people who have a residence permit or the right to stay.37 Stateless persons granted tolerated stay are issued with documentation but have limited access to certain rights. 37. Statelessness may be acknowledged during asylum, return, or border procedures. In the asylum procedure, statelessness is considered based on statements provided when submitting an application, it may be further assessed during the substantive interview, and the authorities may require evidence of statelessness. For example, some 33 Statelessness Index, Statelessness Determination and Protection in Europe: Good Practice, Challenges, and Risks, 2021: https://index.statelessness.eu/sites/default/files/ENS-Statelessness_determination_and_protection_in_EuropeSep_2021_0.pdf. 34 ibid. 35 With the reservations made to Articles 23, 27 and 31 of the 1954 Convention. 36 Law no. 362 of 13 December 2005, Official Gazette No. 1146 of 19 December 2005: http://legislatie.just.ro/Public/DetaliiDocument/66980 (RO); Emergency Ordinance No. 194/2002 on the legal regime of foreigners in Romania, Article 2(b): http://legislatie.just.ro/Public/DetaliiDocument/93712 (RO) (ENG translation available at: https://www.legislationline.org/documents/id/5082). 37 ENS, Statelessness Index, Romania: https://index.statelessness.eu/country/romania. 9

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