3. Determination of statelessness and rights attached to the status 3.1 Introduction As noted in Chapter 1.3.1, a stateless person is defined in Article 1(1) of the 1954 Convention as “a person who is not considered as a national by any State under the operation of its law.” This definition identifies the persons who are entitled to the core protections of the 1954 Convention, with additional convention rights depending on the individual’s residence status, as discussed below. While ultimately only the acquisition of a nationality will end a person’s statelessness, in situations where this is not yet possible, it is necessary to protect stateless persons. A formal 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 taken into consideration. The procedure must be accessible for stateless persons,140 and while the procedure is underway, applicants should be entitled to certain rights.141 During the procedure, stateless persons may not be detained for reasons relating to their statelessness. Where they are detained, it must be a measure of last resort and the person may not be held with convicted criminals or individuals awaiting trial.142 Moreover, pending the outcome of the procedure, the applicant may not be expelled from the State where the procedure is ongoing.143 The 1954 Convention guarantees rights to stateless persons on a gradual, conditional scale, with some protections applicable to all stateless persons and others dependent on the precise legal status of the individual.144 When a person’s statelessness has been determined, he or she is entitled to the core rights of the 1954 Convention.145 In the first place, this means granting the right of residence, which is not explicitly set forth in the 1954 Convention, but follows from its object and purpose.146 Apart from the 1954 Convention, other instruments also provide content to the protection of stateless persons. Human rights law instruments, including the ICCPR, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the CRC, CEDAW and in Europe the ECHR, enumerate certain rights relevant to the protection of stateless persons. 42 140 UNHCR Handbook on Protection of Stateless Persons, paras. 68-70. 141 Ibid, paras. 144-146. 142 Ibid, paras. 112-115. 143 Ibid, paras. 72 and 145. 144 For a detailed discussion, see ibid, paras. 132-139. See also ibid, paras 14 and 16 (on the status of a stateless person and attendant rights even prior to a formal determination of his or her statelessness). 145 Some Convention rights apply to all stateless persons in a state’s territory or otherwise subject to the state’s jurisdiction. Others are dependent upon factors such as the type of residence the individual holds. See ibid. 146 Ibid, para. 14. M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A