11.
Stateless persons are generally denied enjoyment of a range of human
rights and prevented from participating fully in society. The 1954
Convention addresses this marginalisation by granting stateless persons
a core set of rights. Its provisions, along with applicable standards of
international human rights law, establish the minimum rights and the
obligations of stateless persons in States party to the 1954 Convention.
The status granted to a stateless person in a State Party, that is the rights
and obligations of stateless persons under national law, must reflect these
international standards.
12.
This Handbook aims to assist States in ensuring that stateless persons
receive such status in their jurisdictions. It addresses both the treatment of
persons determined to be stateless by a State under the 1954 Convention
and the position of individuals awaiting the outcome of a statelessness
determination procedure. The Handbook also examines the position of
stateless persons in countries not party to the 1954 Convention as well
as those considered to be de facto stateless. While all stateless persons
must be treated in line with international standards, their treatment can
vary to reflect the context in which statelessness arises. This Handbook,
therefore, first addresses the relevant international law standards
and then examines separately the scope of stateless person status for
individuals in a migratory context and for those in their “own country”.6
In addition, the relationship between refugees and stateless persons is
considered. Although an individual can be both stateless as per the 1954
Convention and a refugee as per the 1951 Convention, at a minimum, a
stateless refugee must benefit from the protection of the 1951 Convention
and international refugee law.
6
Paragraph 142 below examines the nature of an individual’s right to remain in his or her “own
country” further to Article 12(4) of the International Covenant on Civil and Political Rights.
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INTRODUCTION
F. STATELESSNESS STATUS
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