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• treatment which is to be afforded to stateless persons irrespective of
the treatment afforded to citizens or other aliens;
• the same treatment as nationals;
• treatment as favourable as possible and, in any event, not less
favourable than that accorded to aliens generally in the same
circumstances; and
• the same treatment accorded to aliens generally.
131.
States have discretion to facilitate greater parity between the status
of stateless persons and that of nationals and indeed may also have
an obligation to do so under international human rights treaties. The
responsibility placed on States to respect, protect and fulfil 1954
Convention rights is balanced by the obligation in Article 2 of the same
treaty that stateless persons abide by the laws of the country in which
they find themselves.
132.
The rights provided for in the 1954 Convention are extended to stateless
persons based on their degree of attachment to the State. Some provisions
are applicable to any individual who satisfies the definition of “stateless
person” in the 1954 Convention and are either subject to the jurisdiction
of a State party or present in its territory. Other rights, however, are
conferred on stateless persons, conditional upon whether an individual is
“lawfully in”, “lawfully staying in” or “habitually resident” in the territory of
a State party. States may thus grant individuals determined to be stateless
more comprehensive rights than those guaranteed to individuals awaiting
a determination. Nevertheless, the latter are entitled to many of the 1954
Convention rights. This is similar to the treatment of asylum-seekers under
the 1951 Convention.
133.
Those rights in the 1954 Convention which are triggered when an individual
is subject to the jurisdiction of a State party include personal status (Article
12), property (Article 13), access to courts (Article 16(1)), rationing (Article
20), public education (Article 22), administrative assistance (Article 25)
and facilitated naturalization (Article 32). Additional rights that accrue to
individuals when they are physically present in a State party’s territory are
freedom of religion (Article 4) and the right to identity papers (Article 27).
134.
The 1954 Convention foresees that stateless persons who are “lawfully
in” a State party (in French “se trouvant régulièrement”), are entitled to an
additional set of rights. The “lawfully in” rights include the right to engage
in self-employment (Article 18), freedom of movement within a State
(Article 26) and protection from expulsion (Article 31).
135.
For stateless persons to be “lawfully in” a State party, their presence in the
country needs to be authorized by the State. The concept encompasses
PART THREE
(a) Rights on a gradual, conditional scale
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