Statelessness in Czechia | January 2024 6 has several inaccuracies.15 The term "under the operation of its law" is excluded, which has led to legal disputes and differing interpretations, with some courts recognising the inaccuracy of the translation and advocating a more expansive interpretation of the definition.16 The Immigration Act also regulates the procedure for determining statelessness. Despite its international commitments and obligations, Czechia has not yet established a specialised procedure to grant protection to stateless persons, which leaves a significant gap in ensuring the full range of rights for stateless persons. Since July 2023, Czech law has a procedure for determining statelessness, which does not automatically lead to a residence permit (only a tolerated stay for one year) and the protection afforded is very limited.17 Stateless persons are mentioned in various national acts and laws, including but not limited to the Asylum Act, the Immigration Act, the Citizenship Act, and others. Although the definition of a stateless person is included in the Immigration Act, as this is the same definition as the 1954 Convention, the interpretation of statelessness remains consistent across these different national laws, regardless of where the definition is explicitly stated. Summary of Czechia’s international obligations to address statelessness18: • 1954 UN Convention relating to the Status of Stateless Persons: Czechia is a party to this Convention (with reservations to Articles 27 and 28), which focuses on the protection of stateless persons. • 1961 UN Convention on the Reduction of Statelessness: Czechia is a party to this Convention, which aims to prevent and reduce statelessness by ensuring access to nationality and related rights. • 1997 European Convention on Nationality: Czechia is a party to this Convention, which establishes principles for the acquisition and retention of nationality and the prevention of statelessness. • EU Return Directive: Czechia is a party to this Directive, which ensures humane treatment and respect for the rights of persons subject to return. • International human rights treaties: Czechia is a party to various human rights treaties, including the ICCPR, ICESCR, CRC, ICEDAW, ICERD, CRPD and ICPPED, which provide a comprehensive framework for addressing statelessness and protecting stateless persons. Direct effect in Czech law: These international conventions all have a direct effect in Czech law and underscore the country's commitment to preventing statelessness and protecting the rights of stateless persons. Unaddressed, statelessness is a cause of denial of access to fundamental rights and opportunities. It often means that people cannot reach their full potential because they are prohibited from working, unable to access education and/or healthcare, and unable 15 UNHCR, Faces of Statelessness in the Czech Republic, December 2020. Available here. Decision of Municipal Court in Prague, 19 January 2023, n. 14 A 126/2021-39. Available here. 17 ENS. Statelessness Index Czechia Country Profile. Available here. 18 For further information, see Joint Submission to the Human Rights Council at the 42nd Session of the Universal Periodic Review: Czech Republic. OPU, ENS, ISI. Available here. 16