- English
The legal and policy framework in Czechia has some positive aspects and some significant gaps. Czechia is party to most relevant international and regional instruments, including three of the four core statelessness conventions (although with some important reservations to the 1954 Convention). Some data on the stateless population in the country is available, but it is limited to those legally residing in the country.
Since July 2023, Czech law has a procedure for determining statelessness, but it only leads to tolerated stay for the first year and the protection afforded is very limited. The definition of a stateless person is narrower than the 1954 Convention, but the Convention has direct effect. The procedure is insufficient and evidentiary requirements are challenging. Applicants have the right to remain on the territory and are issued an identity document, but the law does not guarantee access to accommodation in reception centres nor access to health insurance. Recognised stateless people are only granted a tolerated stay visa (although they may acquire a permanent residence permit after five years), and limited access to economic and social rights.
There are also gaps in the legal framework to protect stateless people from arbitrary immigration detention, as a country of removal does not need to be established prior to detention, statelessness is not routinely identified in detention decision-making, and, although there are some procedural safeguards, there is no periodic review of detention unless requested by the person detained.
A partial safeguard is in place to prevent children being born stateless in Czechia, but this depends on the actions or status of parents. Provisions protect the right to nationality for foundlings, children born to refugees, and adopted children. Births must be registered, and birth certificates issued to all children. Documentation requirements can be waived in certain circumstances and there are mechanisms in place to determine the child’s nationality. Positively, there are no legal powers for the authorities to deprive someone of Czech nationality, no provisions for automatic loss, and safeguards are in place to prevent statelessness in cases of voluntary renunciation.
Hana Franková & Adam Stašek, Organisation for Aid to Refugees (OPU)
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