The Dichotomy within Denationalisation: Perpetuating or Emancipating from its Discriminatory Past?

Prener, C. (2022). The dichotomy within denationalisation: Perpetuating or emancipating from its discriminatory past? International Journal of Discrimination and the Law, 22(3), 305-325. https://doi.org/10.1177/13582291221115440

21 Pages Posted: 10 Jan 2023

See all articles by Christian Prener

Christian Prener

University of Southern Denmark; Danish Institute for Human Rights; European University Institute

Date Written: July 17, 2022

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.

Keywords: denationalisation, justification, discrimination, citizenship, statelessness, ECHR, nationality law

Suggested Citation

Prener, Christian Brown, The Dichotomy within Denationalisation: Perpetuating or Emancipating from its Discriminatory Past? (July 17, 2022). Prener, C. (2022). The dichotomy within denationalisation: Perpetuating or emancipating from its discriminatory past? International Journal of Discrimination and the Law, 22(3), 305-325. https://doi.org/10.1177/13582291221115440, Available at SSRN: https://ssrn.com/abstract=4300272 or http://dx.doi.org/10.2139/ssrn.4300272

Christian Brown Prener (Contact Author)

University of Southern Denmark ( email )

Campusvej 55
DK-5230 Odense, 5000
Denmark

Danish Institute for Human Rights ( email )

Wilders Plads 8K
Copenhagen K, 1403
Denmark

European University Institute ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
24
Abstract Views
156
PlumX Metrics