What is the basis for the law governing consular notification?

The law governing consular notification is rooted in the principle that foreign nationals in a host country should be treated with the same consideration afforded to U.S. citizens in legal matters. This principle is primarily reflected in international treaties, such as the Vienna Convention on Consular Relations, which establishes that when a foreign national is arrested or detained, they have the right to communicate with their country's consular post. This ensures that the rights of the detained individual are upheld and that they can receive support and assistance from their home country.

In contrast, while having a lawyer present is crucial in many legal contexts, this approach does not specifically relate to the concept of consular notification. Moreover, the notion that detained individuals should always be released is not accurate, as legal processes must be followed, and releasing someone is not always permissible. Lastly, the right to vote for prisoners is a separate legal issue that does not pertain to consular notification nor does it impact the treatment of foreign nationals in custody. Thus, recognizing that foreign nationals should be treated similarly to U.S. citizens captures the essence of the law on consular notification effectively.