F. STATELESSNESS DETERMINATION WHERE THE 1954 CONVENTION DOES NOT APPLY 44 122. Many stateless persons who meet the 1954 Convention definition find themselves in countries not bound by this treaty. Nevertheless, a number of non-contracting States have introduced some form of statelessness determination procedure to address the situation of such persons in their territories, given their commitments under international human rights law. With respect to the latter, statelessness is a juridically relevant fact, for example in relation to protection against arbitrary detention (Article 9(1) of the ICCPR), the right of women to equal treatment with men with regard to nationality (Article 9 of the 1979 Convention on the Elimination of All Forms of Discrimination against Women) and the right of every child to a nationality (Article 24(3) of the ICCPR and Article 7(1) of the 1989 Convention on the Rights of the Child). 123. De facto stateless persons also fall outside of the protection of the 1954 Convention.74 Some States have incorporated the concept of de facto statelessness (in substance, if not always in name) into their statelessness determination procedures, examining eligibility for protection on that basis alongside the 1954 Convention criteria. 124. States are encouraged to provide protection to de facto stateless persons in addition to 1954 Convention stateless persons. Often de facto stateless persons are in irregular situations or in prolonged detention because they are unable to return to their country of nationality. States will take a variety of factors into account when deciding the type of procedure in which de facto statelessness will be determined. One consideration is that it will not be clear at the outset, even in the view of the applicant, whether he or she is stateless as per the 1954 Convention or within the de facto concept. Irrespective of where de facto statelessness is determined, the procedure must not prevent individuals from claiming protection as a refugee or as a stateless person in terms of the 1954 Convention, as recognition as such would trigger greater obligations for the State under international law than recognition as a de facto stateless person. 74 As noted in paragraph 7 above there is no international definition of the term de facto stateless person. Section II.A. of the Prato Conclusions, note 4 above, proposes the following operational definition for the term: De facto stateless persons are persons outside the country of their nationality who are unable or, for valid reasons, are unwilling to avail themselves of the protection of that country. Protection in this sense refers to the right of diplomatic protection exercised by a State of nationality in order to remedy an internationally wrongful act against one of its nationals, as well as diplomatic and consular protection and assistance generally, including in relation to return to the State of nationality.

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