124 Gábor Gyulai Unfortunately, not many of these systems have been subject to in-depth, practice-focused analysis so far.25 A limited body of national jurisprudence (in particular from Spanish, Italian, French and Hungarian courts) may also provide useful guidance in some particular aspects. Meanwhile, the protection of stateless persons shares a number of common characteristics with refugees, including a very similar international legal basis and joint draft ing history, as well as the lack of proper protection by one’s ‘own state’ in both cases. This means that in countries where statelessness arises primarily in a migratory context (as in most industrialized states), much can be learned from asylum procedures and regulations. A further source of guidance is UNHCR’s ‘guidelines on statelessness’, which so far have dealt with the meaning of ‘stateless person’, the status of stateless persons at the national level, and status determination procedures.26 UNHCR’s Executive Committee has also produced a number of relevant conclusions, even though they are of a rather general nature.27 Last but not least, general due process safeguards should also be observed and applied to the maximum extent. The prohibition of discrimination,28 the right to an effective remedy29 and respect for the child’s best interests30 deserve special reference in this context. 25 26 27 28 29 30 See, for example, G. Gyulai, ‘Statelessness in Hungary: The Protection of Stateless Persons and the Prevention and Reduction of Statelessness’ (December 2010) Hungarian Helsinki Committee. UNHCR, ‘Guidelines on Statelessness No. 1: The definition of ‘Stateless Person’ in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons’ (20 February 2012); UNHCR, ‘Guidelines on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless Person’ (5 April 2012); UNHCR, ‘Guidelines on Statelessness No. 3: The Status of Stateless Persons at the National Level’ (17 July 2012). See, in particular, UNHCR Executive Committee, ‘Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons’ No. 106 (LVII) (6 October 2006); and also UNHCR ‘Executive Committee Conclusions’ No. 50 (XXXIX) – 1988, No. 90 (LII) – 2001 and No. 96 (LIV) – 2003. See, for example, International Covenant on Civil and Political Rights (ICCPR), New York, 16 December 1966, in force 23 March 1976, 999 UNTS 171, Art. 26; European Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, Art. 13; Organization of American States, American Convention on Human Rights, 22 November 1969, in force 1 June 2010, Art. 14; American Convention on Human Rights, Art. 1(1). See, for example, ‘International Covenant on Civil and Political Rights’, Art. 2(3); European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 13; American Convention on Human Rights, Art. 25. Convention on the Rights of the Child, Art. 3. 9781107032446c05_p116-143.indd 124 6/16/2014 3:12:01 PM