The second problem is the high price for the issuance of the travel document. The Convention requires that
the fees charged do not exceed the lowest scale of charges for national passports.298 At the time of research,
the charge for a national passport for children and retirees was 75 LTL (21,78 EUR),299 meaning the fee for
the travel document should be no higher than this. As noted above, the travel document fee is 100 LTL (30
EUR). This fee, however, is waived for persons under the age of 16 years.300
3.4.2.5 OTHER RIGHTS GUARANTEED
Article 22 of the 1954 Convention provides, “The Contracting States shall accord to stateless persons the
same treatment as is accorded to nationals with respect to elementary education.” Furthermore, the right
of every child to free and compulsory primary education is enshrined in Article 28(1)(a) of the Convention
on the Rights of the Child.
Under current Lithuanian law, the right to primary education is not guaranteed to all stateless children. Rather,
access to education is dependent on the status of the child under Lithuania’s immigration laws. Free access
to elementary education is guaranteed to stateless minors who hold a temporary or permanent residence
permit,301 asylum-seeking children,302 and unaccompanied migrant children.303 However, no provision in
the national law ensures free elementary education to stateless children without lawful residence status in
Lithuania (except for unaccompanied children). Gaps in children’s right to free elementary schooling has
been highlighted in the recent report of the EU Fundamental Rights Agency.304
3.5 Conclusions and recommendations
Lithuania does not have a specific statelessness determination procedure. Nationality or statelessness
is assessed in procedures related to “resolving” the legal status of long-term residents, or in the context
of establishing identity within the framework of the asylum procedure, or process of removal from the
territory. Importantly, even where a person is determined to be stateless, under Lithuanian law, none of
these procedures results in the formal recognition of stateless status, and no rights are conferred on the
grounds of an individual’s statelessness.
The determination of an individual as stateless is the first step toward securing legal status and enjoyment
of rights guaranteed under the 1954 Convention. Having statelessness determination procedures also
enhances the ability of States to adhere to their obligations under the 1954 Convention and incorporate
stateless persons into society.
66
298
Schedule to Article 28, paragraph 3.
299
Information provided by the Police Department under the Ministry of Interior, http://www.policija.lt/index.php?id=12633
(accessed 7 October 2012).
300
Law on National Fees, Article 6(7).
301
Law on Education, Article 2(36).
302
Law on the Legal Status of Aliens, Article 71(2).
303
Law on the Legal Status of Aliens, Article 32.2(2).
304
European Union Agency for Fundamental Rights, Fundamental rights of migrants in an irregular situation: Comparative report, 2011, p.
87.
M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A