3.4.2.3 THE RIGHT TO PUBLIC RELIEF Article 23 of the 1954 Convention provides: “The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.” It is thus identical in wording to Article 23 of the Refugee Convention. When the Ad Hoc Committee for the Refugee Convention drafted this article, the Committee expressed its understanding that refugees should not be required to meet any conditions of local residence or affiliation which might be required of citizens. Therefore, a similar understanding should apply to stateless persons.173 The right to social security set forth in Article 24 is also a “lawfully staying” right. Like Article 23, Article 24 requires that States treat stateless persons “lawfully staying” in the territory in the same manner in which nationals are treated with respect to certain labour and social security provisions, as detailed in Article 24. In terms of the content of “public relief and assistance”, the commentary on the Refugee Convention indicates that it “includes hospital treatment, emergency relief, relief for the blind and also the unemployed, where social security benefits are not applicable.”174 The main regulations regarding social security are found in the Act on Social Security.175 In accordance with Chapter 4, Section 2 of the Act on Social Security, there are three different types of social security benefits: benefits based on residence in Sweden; benefits based on work in Sweden; and benefits which are based on circumstances other than residence and work in Sweden, such as military or civil service.176 The most common type of social security enjoyed by stateless persons in Sweden is that based on residence. According to Chapter 5, Section 3 of the Act on Social Security, a person who is assumed to have resided in Sweden for longer than one year shall be considered as residing in the country, and thus falling within the scope of the Act. The residence based social security benefits can only, in principle, be granted to the foreigner eligible in accordance with the Aliens Act after the residence permit has been granted.177 The residence based social security benefits include a wide range of benefits related to family, sickness and work injury compensation, disability, pension, support to surviving family members and accommodation.178 An alien who is required to have a work permit or another type of residence permit which allows him or her to work in Sweden, can only apply for the related social security benefits once such a residence permit has been obtained.179 The work based benefits cover a wide range of benefits related to family, sickness and work injury compensation, pension, and surviving family members.180 No special provisions are made with regard to stateless persons in the legislation. They are regarded like any other persons residing or working in Sweden, and thus have the right to social security benefits under the same conditions. 52 173 Robinson Commentary to the 1954 Convention, paras. 43-44. 174 UNHCR, The Refugee Convention, 1951: The Travaux préparatoires analysed with a Commentary by Dr. Paul Weis, 1990, para. 125, available at: http://www.refworld.org/docid/53e1dd114.html. 175 Socialförsäkringsbalk (2010: 110), available at: http://goo.gl/Exk6z4. 176 Chapter 7 of the Act on Social Security. 177 Chapter 5, Section 12 of the Act on Social Security. 178 Chapter 5, Section 9 of the Act on Social Security. 179 Chapter 6, Section 14 of the Act on Social Security. 180 Chapter 6, Section 6 of the Act on Social Security. 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