Legal regulation of Hungarian activities regarding its kin-minority in Zakarpattia

Abstract

The article analyzes the role and competences of a kin-state in the protection of its national minority living abroad. The issue had been analyzed with the example of Hungarian unilateral legal acts, which present legal consequences and the legitimacy of the actions of a kin-state. The article focuses on the basic international legal mechanisms for the protection of the rights of national minorities and the recommendations given by international advisory bodies in this area. According to international law, the state, in which the minority lives, has the primary duty to protect minority rights. Only few types of actions can be taken by a kin-state in favour of its kin-minority: actions in the context of international bodies and mechanisms, actions in co-operation with the home state and domestic legislation concerning relations with its kin minority. The last one is not regulated by international law and is broadly discussed in its doctrine. The article analyzes Hungarian domestic legislation providing a wide range of preferential treatment to the members of the kin minorities in Zakarpattia, namely Act LXII OF 2001 on Hungarians Living in Neighbouring Countries and Аmendmentof Act LV of 1993 on Hungarian citizenship. Soft law instruments confirm that this kind of legislation of kin-states has to be assessed in accordance with relevant principles of the international law, such as territorial sovereignty of the state, pactasunt servanda, friendly relations among state and the respect of human rights and fundamental freedoms, in particular the prohibition of discrimination.