The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
prevent or impair their enjoyment of human rights, the State
should take specific action to correct those conditions. Such
action may involve granting for a time, to the part of the
population concerned, certain preferential treatment in
specific matters as compared with the rest of the population.
However, as long as such action is needed to correct
discrimination, it is, in fact, a case of legitimate
differentiation under the Covenant. However, to minimise
the legal incompatibility of such affirmative measures within
the individualist legal framework of the Constitution, the
government should take necessary measures to specifically
recognise the existance of various religious and ethnic
groups in the country.
Minority Rights:118
The Constitution should specifically mention the existing
ethnic minorities in Bangladesh, and guarantee them the
protection of their culture, religion and language. The
government should also take measures to establish the right
that is conferred on individuals belonging to minority groups
and which is distinct from, and additional to, all the other
rights which, as individuals in common with everyone else,
they are already entitled to enjoy under the Covenant. The
right of individuals belonging to a linguistic minority to use
their language among themselves, in private or in public,
should be distinguished from the general right to freedom of
expression.
Even if Article 27 is expressed in negative terms, it,
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