ABSTRACT
This chapter argues that the situation is untenable and discusses the applicability of two different models for protecting minority rights in Germany. Legal discrimination by the state reinforces and is reinforced by social discrimination. Discrimination against and prejudice toward Auslander have little to do with their actual number or their real impact on German society. Psychologically, Germany has drawn on both the Anglo-American and east European approaches. The modern Federal Republic places a strong emphasis on individual rights. Whether or not members of a minority group must have state citizenship to benefit from antidiscrimination legislation or positive minority protections is a complex issue. Scholars dispute whether noncitizens are or should be entitled to positive minority-rights protections under international law. The distinction between the Anglo-American and east European models should therefore not be overdrawn. As Patrick Thornberry writes, "classical" minority protection treaties "almost invariably included measures of non-discrimination as a preliminary to differential rules."
