The role of the kin-state in international human rights and minority protection law

Abstract

In this article we examine how the terms "mother country" ("kin-state") and "related minority" ("kin-minority") can be understood and applied from the perspective of international human rights law. We further explain to which extent human rights norms, especially the prohibition of discrimination, may restrict the radius of action of a kin-state on the international level.

We find that factual ties between a mother country and its kin-minority abroad shall not be discredited and labeled as suspicious and prohibited. International human rights protection should rather offer tools how to reconcile diverging interests of states and minorities.

Keywords

• Kin-state
• kin-minority
• discrimination
• preferential treatment
• citizenship