Resolução da Assembleia da República n.º 107/2012, de 07 de Agosto de 2012
Resolução da Assembleia da República n.º 107/2012 Aprova, para adesão, a Convenção Relativa ao Estatuto dos Apatridas, adotada em Nova Iorque em 28 de setembro de 1954 A Assembleia da República resolve, nos termos da alí- nea
i) do artigo 161.º e do n.º 5 do artigo 166.º da Cons- tituição, o seguinte: Artigo 1.º Aprovação Aprovar, para adesão, a Convenção Relativa ao Estatuto dos Apátridas, adotada em Nova Iorque, em 28 de setembro de 1954, cujo texto, na versão autenticada em língua inglesa bem como a respetiva tradução para língua portuguesa se publicam em anexo.
Artigo 2.º Reserva Ao aderir à Convenção, a República Portuguesa formula a seguinte reserva: Nos termos do n.º 1 do artigo 38.º da Convenção, a República Portuguesa declara que em todos os casos em que se confere aos apátridas o tratamento mais favorá- vel concedido aos nacionais de um país estrangeiro, esta cláusula não será interpretada de maneira a compreender o regime concedido aos nacionais do Brasil, aos nacionais dos países da União Europeia ou aos nacionais de outros países com os quais Portugal tenha estabelecido ou possa vir a estabelecer relações de comunidade, designadamente de Estados de língua portuguesa.
Aprovada em 8 de junho de 2012. A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS Preamble The High Contracting Parties; Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly of the United Nations have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without dis- crimination; Considering that the United Nations has, on various oc- casions, manifested its profound concern for stateless per- sons and endeavoured to assure stateless persons the widest possible exercise of these fundamental rights and freedoms; Considering that only those stateless persons who are also refugees are covered by the Convention relating to the Status of Refugees of 28 July 1951, and that there are many stateless persons who are not covered by that Convention; Considering that it is desirable to regulate and improve the status of stateless persons by an international agreement: Have agreed as follows: CHAPTER I General provisions Article 1 Definition of the term «stateless person» 1 — For the purpose of this Convention, the term «sta- teless 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 au- thorities 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 in- ternational 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 admis- sion to that country;
c) They have been guilty of acts contrary to the purposes and principles of the United Nations.
Article 2 General obligations Every stateless person has duties to the country in which he finds himself, which require in particular that he con- form to its laws and regulations as well as to measures taken for the maintenance of public order.
Article 3 Non -discrimination The Contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin.
Article 4 Religion The Contracting States shall accord to stateless persons within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.
Article 5 Rights granted apart from this Convention Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to stateless persons apart from this Convention.
Article 6 The term «in the same circumstances» For the purpose of this Convention, the term «in the same circumstances» implies that any requirements (inclu- ding requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a stateless person, must be fulfilled by him, with the exception of requirements which by their nature a stateless person is incapable of fulfilling.
Article 7 Exemption from reciprocity 1 — Except where this Convention contains more fa- vourable provisions, a Contracting State shall accord to stateless persons the same treatment as is accorded to aliens generally. 2 — After a period of three years’ residence, all stateless persons shall enjoy exemption from legislative reciprocity in the territory of the Contracting States. 3 — Each Contracting State shall continue to accord to stateless persons the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force of this Convention for that State. 4 — The Contracting States shall consider favourably the possibility of according to stateless persons, in the absence of reciprocity, rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3, and to extending exemption from reciprocity to stateless persons who do not fulfil the conditions provided for in paragraphs 2 and 3. 5 — The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.
Article 8 Exemption from exceptional measures With regard to exceptional measures which may be taken against the person, property or interests of nationals or former nationals of a foreign State, the Contracting States shall not apply such measures to a stateless person solely on account of his having previously possessed the nationality of the foreign State in question.
Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article shall, in appropriate cases, grant exemptions in favour of such stateless persons.
Article 9 Provisional measures Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional cir- cumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Con- tracting State that that person is in fact a stateless person and that the continuance of such measures is necessary in his case in the interests of national security.
Article 10 Continuity of residence 1 — Where a stateless person has been forcibly dis- placed during the Second World War and removed to the territory of a Contracting State, and is resident there, the period of such enforced sojourn shall be considered to have been lawful residence within that territory. 2 — Where a stateless person has been forcibly displa- ced during the Second World War from the territory of a Contracting State and has, prior to the date of entry into force of this Convention, returned there for the purpose of taking up residence, the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninter- rupted residence is required.
Article 11 Stateless seamen In the case of stateless persons regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their esta- blishment in another country.
CHAPTER II Juridical status Article 12 Personal status 1 — The personal status of a stateless person shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence. 2 — Rights previously acquired by a stateless person and dependent on personal status, more particularly rights attaching to marriage, shall be respected by a Contracting State, subject to compliance, if this be necessary, with the formalities required by the law of that State, provided that the right in question is one which would have been recognized by the law of that State had he not become stateless.
Article 13 Movable and immovable property The Contracting States shall accord to a stateless person treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.
Article 14 Artistic rights and industrial property In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a stateless person shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country.
In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he...
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