DETERMINATION OF STATELESS PERSONS AND THE RIGHTS ATTACHED TO THE STATUS
IT IS RECOMMENDED THAT A STATELESSNESS DETERMINATION PROCEDURE BE
ESTABLISHED to determine who, within Lithuanian territory, is stateless, including among the persons
in detention who cannot be expelled (“unreturnables”). The most effective way to ensure Lithuania meet its
international obligations towards stateless persons under the 1954 Convention and other human rights law is
through the establishment of an accessible and efficient statelessness determination procedure that identifies
stateless persons on Lithuanian territory, in line with the requirements elaborated in the UNHCR Handbook on
Protection of Stateless Persons.
IT IS RECOMMENDED TO INTRODUCE PROVISIONS GUARANTEEING APPLICANTS, AS
WELL AS PERSONS RECOGNIZED AS STATELESS, THE RESPECTIVE RIGHTS TO WHICH
THEY ARE ENTITLED UNDER THE 1954 CONVENTION. The UNHCR Handbook on Protection of
Stateless Persons describes which rights applicants for the statelessness status are entitled to, and which are
reserved for persons determined to be stateless.
IT IS RECOMMENDED THAT A SPECIFIC RESIDENCE PERMIT BE INTRODUCED FOR
PERSONS RECOGNIZED AS STATELESS and that these stateless persons be granted the “lawfully
staying” rights guaranteed by the 1954 Convention, as elaborated in the UNHCR Handbook on Protection of
Stateless Persons.
PREVENTION AND REDUCTION OF STATELESSNESS
IT IS RECOMMENDED THAT RESEARCH ON STATELESS CHILDREN IN LITHUANIA BE
CARRIED OUT in order to determine the number, current legal status, profiles and needs of these children,
and to identify solutions to their statelessness.
IT IS RECOMMENDED THAT THE LITHUANIAN LAW ON CITIZENSHIP BE AMENDED TO
INCLUDE SAFEGUARDS PREVENTING CHILDREN FROM BEING BORN INTO STATELESSNESS
by providing for the automatic grant of Lithuanian nationality at birth to persons born in the territory who would
otherwise be stateless, in accordance with Article 1(1) (a) of the 1961 Convention or, alternatively, that nationality
be granted by application pursuant to Article 1(1) (b). Lithuania can also opt to continue using a combination
of modes of acquisition. Regardless of the method or combination of methods chosen, it is important that the
conditions stateless persons born on the territory are required to fulfill do not go beyond those permitted under
Article 1(2) of the 1961 Convention. Pursuant to Article 1(1) (a) of the 1961 Convention, and Articles 7 and 3 of
the CRC, UNHCR recommends States to grant children born on the territory who would otherwise be stateless
citizenship automatically at birth.
IT IS RECOMMENDED THAT GUIDANCE BE DEVELOPED TO ENSURE THAT THE LITHUANIAN
LEGISLATION BE INTERPRETED SUCH THAT BIRTHS ABOARD A LITHUANIAN AIRCRAFT
OR SHIP be deemed to have occurred on Lithuanian territory.
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