(3) International human rights law
50
140.
The status of a stateless person under national law must also reflect
applicable provisions of international human rights law. The vast majority of
human rights apply to all persons irrespective of nationality or immigration
status, including to stateless persons.85 Moreover, the principle of equality
and non-discrimination generally prohibits any discrimination based on
the lack of nationality status.86 Legitimate differentiation may be permitted
for groups who are in a materially different position.87 Thus, States may
explore affirmative action measures to help particularly vulnerable groups
of stateless persons in their territory.
141.
International human rights law supplements the protection regime set out
in the 1954 Convention.88 Whilst a number of provisions of international
human rights law replicate rights found in the 1954 Convention, others
provide for a higher standard of treatment or for rights not found in the
Convention at all.89
142.
Of particular importance to stateless persons is the right enshrined in
Article 12(4) of the ICCPR to enter one’s “own country”. This goes beyond
85
Please see Human Rights Committee, General Comment No.15 (The Position of Aliens
under the Covenant), 11 April 1986, http://www.unhcr.org/refworld/pdfid/45139acfc.pdf
and Human Rights Committee, General Comment No. 31 (The Nature of the General
Legal Obligation Imposed on States Parties to the Covenant), CCPR/C/21/Rev.1/Add.13,
26 May 2004, http://www.refworld.org/docid/478b26ae2.html Please see also the UN
Sub-Commission on the Promotion and Protection of Human Rights, Special Rapporteur
on the rights of non-citizens, Final Report, E/CN./Sub.2/2003/23, 26 May 2003,
http://www.unhcr.org/refworld/pdfid/3f46114c4.pdf Please note though that full enjoyment
of human rights is facilitated by the possession of a nationality, hence the need for specific
protection for stateless persons in the form of the 1954 Convention.
86
Please see, for example, Articles 2(1) and 26 of the ICCPR
87
Please see Human Rights Committee, General Comment No. 18 (Non-discrimination), 10
November 1989, http://www.unhcr.org/refworld/pdfid/453883fa8.pdf paragraph 13. Please
see also Executive Summary and paragraph 23 of UN Special Rapporteur on the rights of
non-citizens, Final Report, above at note 85.
88
It also provides an alternate regulatory framework in countries that have not acceded to the
1954 Convention. This is considered further in paragraph 166 below.
89
For example, protection against arbitrary detention as found in Article 9(1) of the ICCPR.
Regional human rights treaties are also pertinent.