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Consular protection

Swiss nationals abroad can receive support from their home state when asserting or defending their rights; this support and assistance is known as consular protection. Swiss diplomatic missions abroad extend consular protection by intervening with the competent authorities of the state where they are located.

Consular protection constitutes the assertion by the home state of the law of the other state or of international law, not of its own. The home state acts on behalf of the person or company affected, not on its own account. 

 

Preconditions

Consular protection is conditional on the existence of a sufficient link with Switzerland, known as a "genuine connection" or "genuine link".

Consular protection in special cases:

  • Switzerland can also extend consular protection to persons with dual nationality in their other country of origin, particularly if their life or health is under threat (by torture, for example, or detention in inhuman conditions). 
  • A state can extend consular protection to refugees whom it has recognised as such and who are temporarily abroad. This does not require the consent of the country concerned. The principal justification for this provision is that since the refugee is no longer effectively protected by his country of origin, it is up to the receiving country to do so.
  • Foreign companies based in Switzerland can obtain consular protection if they have a certain economic significance in Switzerland.