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
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