All States must, as a matter of immediate obligation, eliminate de jure discrimination by abolishing without delay any discriminatory laws, regulations and practices (including acts of omission as well as commission) affecting the enjoyment of the right to education.255 States must also enact and enforce legislation that ensures that the right to education is exercised in an inclusive and non-discriminatory manner. The adoption of legislative measures is not, however, exhaustive of the obligations of States.256 Rather, positive measures and steps are required to ensure that educational laws, policies, programmes and practices are nondiscriminatory. In this regard, States must prohibit private persons and bodies from practising discrimination in the field of public education.257 However, substantive equality for disadvantaged groups will not be achieved simply through the enactment of laws or the adoption of policies that are, prima facie, equal and nondiscriminatory.258 Therefore, in addition, States should, as speedily as possible, bring to an end de facto discrimination occurring as a result of the unequal enjoyment of the right to education,259 whether on account of a lack of resources, gender or other economic, social and cultural inequalities. The substantive model of equality goes beyond “equal access” and “equal treatment”, and instead focuses on equality of results that “may be qualitative or quantitative in nature.”260 Substantive equality can be furthered by implementing affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate prohibited discrimination.261 Thus, the general prohibition on discrimination does not prevent temporary preferential treatment, including via policies, laws, programmes or services, to disadvantaged groups in order to ensure equality with the rest of the population. Examples of affirmative action include creating scholarships and other study programmes to enable girls or other disadvantaged groups to access higher education.262 Such temporary special measures should be crafted and 254 CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 7. 255 Limburg Principles at para 37. 256 CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 4. 257 Limburg Principles at para 40. 258 CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 8. 259 Limburg Principles at para 38. 260 For example see CEDAW General Recommendation No. 25: Temporary Special Measures (thirtieth session, 2004) at paras 8 – 9. 261 HRC General Comment No. 18: Non-discrimination (thirty-seventh session, 1989) 10 November 1989 at para 10. 262 Article 13(2)(e) of the ICESCR requires States to establish an adequate fellowship system. The CESCR has stated that this requirement should be read with the Covenant’s non-discrimination and equality provisions. Thus, the fellowship system should enhance equality of educational access for 99