5.2 Relevant provisions of international law The 1954 Convention establishes statelessness as a status in international law, bringing with it a number of rights and protections. These are complemented by protections in international human rights law, some of which are incorporated into UK domestic law. 5.2.1 International human rights law International human rights law applies equally to stateless persons and others within the UK’s jurisdiction. Relevant obligations are found across all the universal treaties from the International Covenant on Civil and Political Rights227 to the Convention on the Rights of Persons with Disabilities.228 These Conventions have not been directly or completely incorporated into UK law.229 As with the unincorporated provisions of the 1954 Convention, the UK is obliged, as a matter of international law, to perform its obligations under these treaties in good faith, and the UK may not invoke the provisions of its internal law as justification for any failure to perform its obligations.230 In contrast, the European Convention on Human Rights and Fundamental Freedoms231 is substantially incorporated into domestic law by the Human Rights Act 1998.232 The Act contains certain key provisions to achieve this end, including: (i) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention Rights;233 (ii) It is unlawful for a public authority to act in a way which is incompatible with a Convention right;234 (iii) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may: a. Bring proceedings against the authority under the Act in the appropriate court or tribunal; or, b. Rely on the Convention right or rights concerned in any legal proceedings but only if he is (or would be) a victim of the unlawful act.235 227 999 UNTS 171, in force 4 January 1969, UK ratification 20 May 1976 and UN Human Rights Committee (HRC), General Comment No. 31, The nature of the general legal obligation imposed on States Parties to the Covenant, 26 May 2004, CCPR/C/21/Rev.1/Add.13, available at: http://www. unhcr.org/refworld/docid/478b26ae2.html, para. 10. 228 2515 UNTS 3, in force 3 May 2008, UK ratification 8 June 2006. 229 Although there are particular provisions in domestic legislation aimed to try to ensure compliance with some of these international law obligations (e.g. Borders, Immigration and Citizenship Act, section 55, discussed in Chapter 6). 230 Articles 26 and 27 of the Vienna Convention on the Law of Treaties 1969, UNTS, vol. 1155, p. 331, in force 27 January 1980. 231 ETS No 5, in force 3 September 1953. 232 Entry into force 2 October 2000. 233 Human Rights Act, section 3. 234 Ibid., section 6. 235 Ibid., section 7. in the United Kingdom 91

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