The dichotomy within denationalisation: Perpetuating or emancipating from its discriminatory past?

Abstract

This article examines the acceptability of the differential treatment of dual citizens within contemporary denationalisation from both doctrinal and normative perspectives with particular focus on the right to non-discrimination as prescribed by the European Convention on Human Rights. The article concludes that denationalisation laws that target only dual citizens very likely have indirect discriminatory effects on particular subgroups of dual citizens along and possibly across discriminatory grounds such as ethnicity, race, gender, religion and national origin. The article contends that prevailing doctrinal justifications are based on a set of misconceptions concerning the suitability, efficacy, necessity and consequently proportionality of denationalisation in Western societies and that the re-emergence of denationalisation in the 21st century is not only illustrative of the inadequacies within current discrimination law norms but enhances them.