THEMATIC BRIEFING | SEPTEMBER 2021 Statelessness determination and protection in Europe 5 2. INTERNATIONAL NORMS ON DETERMINATION OF STATELESSNESS In determining whether a person is stateless and should be entitled to protection, States must refer to the definition of a stateless person in the 1954 Convention and consider UNHCR guidance on the interpretation of this definition.14 In 2014, UNHCR published its Handbook on Protection of Stateless Persons, intended to assist governments, policy and decision makers, international organisations and civil society in interpreting and applying the 1954 Convention.15 Under the 1954 Convention and international human rights law, States must ensure that stateless people on their territory have access to juridical rights, the right to work, economic and social rights including housing, education and social security, freedom of movement, identity and travel documents, facilitated naturalisation, and protection from expulsion. As States cannot meet these obligations towards stateless people without a mechanism to identify who on their territory is stateless, the obligation to identify and determine statelessness is implicit in the 1954 Convention.16 This obligation has been reiterated by UNHCR,17 the UN Human Rights Committee,18 and the European Court of Human Rights.19 Of the 25 countries in the Index that have acceded to the 1954 Convention,20 15 entered reservations that impact on the rights of stateless people.21 These most commonly impact on the right to welfare assistance,22 and the right to identity documents.23 Cyprus and Poland are the only two Index countries that are not yet States parties to the 1954 Convention. Article 1, 1954 Convention relating to the Status of Stateless Persons Definition of the term “Stateless person” 1. For the purpose of this Convention, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law. 2. This Convention shall not apply: (i) To persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance; (ii) To persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; (iii) To persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country; (c) They have been guilty of acts contrary to the purposes and principles of the United Nations.