tilburg law review 19 (2014) 35-51 brill.com/tilr On the Protection of Stateless Persons in Germany Katia Bianchini Researcher, University of York (UK), University of Hamburg (Germany); Visiting researcher, Max Planck Institute for the Study of Religious and Ethnic Diversity Göttingen (Germany) kb726@york.ac.uk Abstract This article analyses the legal framework for the protection of stateless persons in Germany. In particular, it explains the definition of a stateless person under German law, the availability of protection outside the context of asylum procedures, access to travel documents and naturalization. This work identifies the following major problems: gaps in the applicable laws, differences of treatment and implementation due to the decentralized system of adjudication, application of readmission agreements to stateless persons, restrictive naturalization requirements. As a consequence, stateless persons’ chances of obtaining protection and a long-term solution are reduced. It is argued that the adoption of specific determination procedures and recognition of stateless status as a protection ground at the Federal level are essential safeguards in this context and the German government should take additional steps in this regard. Keywords statelessness – 1954 Convention relating to the Status of Stateless Persons – protection of stateless persons in Germany 1 Introduction This article explores the implementation of the 1954 Convention relating to the Status of Stateless Persons (the ‘1954 Convention’) in Germany, with particular emphasis of its judicial interpretation. The 1954 Convention is the main human rights treaty dealing with the protections and freedoms of stateless persons, but the majority of European States that have ratified it have not © koninklijke brill nv, leiden, 2014 | doi 10.1163/22112596-01902005

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