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.