3.4.2 Rights of persons recognized as stateless
As mentioned above, 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 legal status
or stay of the individual. Individuals recognized as stateless following a determination procedure, but to
whom no residence permit has been issued, will generally be “lawfully staying” in a State Party by virtue of
the length of time already spent in the country awaiting a determination. However, the “lawfully staying”
requirement need not take the form of permanent residence. Stateless persons who have been granted a
residence permit, including a temporary permission to stay for more than a few months, would fall within
this category.159 A person whose status as a stateless person has been determined is entitled to a right of
residence; even though this not explicitly set forth in the 1954 Convention, it follows from its object and
purpose.160
The “lawfully staying” rights in the 1954 Convention include the right of association (Article 15), right to
work (Article 17), practice of liberal professions (Article 19), access to public housing (Article 21), right to
public relief (Article 23), labour and social security rights (Article 24), and travel documents (Article 28).
In addition, “lawfully staying” stateless persons are of course entitled to the rights afforded to individuals
subject to the jurisdiction of a State Party and stateless persons “lawfully in” a State Party (see Section 3.4.1
above).
A final set of rights foreseen by the 1954 Convention are those to be accorded to stateless persons who
are “habitually resident” or “residing” in a State Party. The condition that a stateless person be “habitually
resident” or “residing” indicates that the person resides in a State Party on an on-going and stable basis.
“Habitual residence” is to be understood as stable, factual residence. This covers those stateless persons
who have been granted permanent residence, and also applies to individuals without a residence permit
who are settled in a country, having been there for a number of years, who have an expectation of continuing
residence there. The rights accruing to those who are “habitually resident” are protection of artistic rights
and intellectual property (Article 14) and rights pertaining to access to the courts, including legal assistance
and assistance in posting bond or paying security for legal costs (Article 16(2)).161
The rights stateless persons in Sweden enjoy are not linked to their statelessness. Instead, their rights
depend on the immigration status and/or residence permit granted in Sweden. Specific provisions for
stateless persons are only made with regard to travel documents.
3.4.2.1 THE RIGHT OF RESIDENCE
The UNHCR Handbook provides:
Although the 1954 Convention does not explicitly require States to grant a person determined
to be stateless a right of residence, granting such permission would fulfil the object and purpose
of the treaty. This is reflected in the practice of States with determination procedures. Without a
right to remain, the individual is at risk of continuing insecurity and prevented from enjoying the
rights guaranteed by the 1954 Convention and international human rights law.162
It is therefore recommended that States grant persons recognized as stateless a residence permit valid for
at least two years, although permits for a longer duration, such as five years, are preferable in the interest
48
159
UNHCR, Handbook, para. 137.
160
Ibid., para. 147.
161
Ibid., paras. 138-139.
162
Ibid., para. 147. For a comprehensive discussion of the right to reside and related rights, see also paras. 148-157.
M A P P I N G S TAT E L E S S N E S S I N S W E D E N