3. Determination of statelessness and the human rights of stateless persons 3.1 Introduction The 1954 Convention provides for the following definition of a stateless person: a person who is not considered as a national by any State under the operation of its law.62 This definition identifies the persons who are entitled to the protection of the 1954 Convention, with additional Convention rights depending on the individual’s residence status. While acquiring nationality is the ultimate solution to one’s statelessness, in situations where this is not yet possible, it is necessary to provide for protection of stateless persons in the meantime. A dedicated statelessness determination procedure makes it possible to identify those persons who are entitled to the protection regime of the 1954 Convention. For a statelessness determination procedure to be fair and efficient, a number of procedural safeguards must be in place.63 The procedure must be accessible for stateless persons,64 including “unreturnable” persons in detention, which also entails an obligation to provide information about the availability of the procedure. During the procedure, the applicants should not, in principle, be detained for reasons relating to their statelessness, and in situations where they are nevertheless detained, it must be a measure of last resort and they shall not be held with convicted criminals or individuals awaiting trial.65 Moreover, pending the outcome of the procedure, the applicants shall not be expelled from the State where their procedure is ongoing.66 Additionally, the vast majority of human rights apply to all persons on a State’s territory or subject to its jurisdiction irrespective of nationality or immigration status, including to stateless persons. The principle of equality and non-discrimination generally prohibits any discrimination based on the lack of nationality status. International human rights law thus supplements the protection regime 26 62 Poland is not a party to the 1954 Convention. 63 UNHCR, Handbook on Protection of Stateless Persons, cited above, paras. 144-146. 64 Ibid, paras. 68-70. 65 Ibid, paras. 112-115. 66 Ibid, paras. 72 and 145. MAPPING STATELESSNESS IN POLAND