127. Despite sharing the same overall approach, the 1954 Convention nevertheless contains several significant differences from the 1951 Convention. There is no prohibition against refoulement (Article 33, 1951 Convention) and no protection against penalties for illegal entry (Article 31, 1951 Convention). Moreover, both the right to employment and the right of association provide for a lower standard of treatment than the equivalent provisions in the 1951 Convention.77 The scope of protection against expulsion also differs between the treaties. 128. A stateless person may simultaneously be a refugee.78 Where this is the case, it is important that each claim is assessed and that both statelessness and refugee status are explicitly recognised. Similarly, where standards of treatment are provided for a complementary form of protection, including protection against refoulement, States must apply these standards to stateless individuals who qualify for that protection.79 (2) Overview of the standard of treatment required by the 1954 Convention 129. Articles 12-32 of the 1954 Convention establish a broad range of civil, economic, social and cultural rights for States to accord to stateless persons. The 1954 Convention divides these rights into the following categories: • juridical status (including personal status, property rights, right of association, and access to courts); • gainful employment (including wage-earning employment, selfemployment, and access to the liberal professions); • welfare (including rationing, housing, public education, public relief, labour legislation, and social security); and • administrative measures (including administrative assistance, freedom of movement, identity papers, travel documents, fiscal charges, transfer of assets, expulsion, and naturalization). 46 130. The 1954 Convention establishes minimum standards. Like the 1951 Convention, the 1954 Convention requires that States provide its beneficiaries with treatment along the following scale: 77 However, like the 1951 Convention, the 1954 Convention calls on States to “give sympathetic consideration to assimilating the rights of all stateless persons with regards to wage-earning employment to those of nationals…”. Please see Article 17(2) of the 1954 Convention. 78 As noted in paragraph 15 above, the definitions of stateless person under the 1954 Convention and that of refugees under the 1951 Convention are not mutually exclusive. 79 For further information about how refugee, complementary protection, and statelessness claims are to be assessed in statelessness determination procedures, as well as necessary confidentiality guarantees, please see paragraphs 78-82 above.

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