Discriminatory Denationalisations Based on Ethnic Origin: The Dark Legacy of Ex Art 19 of the Greek Nationality Code

Abstract

This chapter focuses on ex Art 19 Greek Nationality Code (GNC), viewing it as a test case that may provide an analysis of the position of ethnic minorities in Greek nationality law and practice, especially through the discriminatory use of the dichotomy between ‘omoyenis’ and ‘alloyenis’ Greek nationals. It attempts to point to some of the major relevant issues that have arisen from this arbitrary denationalisation strategy in the context of contemporary international and European human rights and nationality law. The traditional, large ethnic minority groups in Greece have been those of Turkish origin, Pomaks and Roma. Thus, Art 19 GNC was not produced in 1955 in a socio-legal vacuum. In the Greek politico-legal history of twentieth century there was a long tradition of similar legislative measures aimed, in effect, at ethnic and ideological cleansing. Contemporary international law has recognised nationality as one of the fundamental rights whose loss is similar to an expulsion from polity, that is, from humanity.