Consular Notification Practice from the Perspective of International Human Rights Protection

XIE Haixia

Abstract: The development of the humanization of international law has driven innovations in consular law. Consular treaties traditionally governing consular relations among states have begun to incorporate provisions for the protection of individual rights. Article 36 (1) of the Vienna Convention on Consular Relations is seen as a “rights-empowering” clause, endowing consular notification with dual rights attributes and obligations and triggering consular assistance and protection mechanisms. Bilateral consular practices of states have also led to the customary implementation of mandatory notification duties, with consular notification evolving into a widespread state practice. Human rights documents, represented by the core United Nations human rights treaties, have gradually incorporated consular notification provisions, further reinforcing its procedural value in the human rights law implementation mechanism. In death penalty cases, international human rights bodies have promoted the human rights enhancement of “consular access” through consular notification, with specific recommendations and information-sharing mechanisms that will significantly advance the human rights enhancement process of consular notification.

Keywords: Vienna Convention on Consular Relations · consular notification · consular access · individual rights · human rights enhancement