The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
Accordingly, positive measures by the State may also be
necessary to protect the identity of a minority and the rights
of its members to enjoy and develop their culture and
language and to practise their religion, in community with
the other members of the group. In this connection, such
positive measures must respect the provisions of Articles 2.1
and 26 of the Covenant as regards both the treatment
between different minorities and the treatment between
the persons belonging to them and the remaining part of the
population. However, as long as those measures are aimed at
correcting conditions which prevent or impair the
enjoyment of the rights guaranteed under Article 27, they
may constitute a legitimate differentiation under the
Covenant, provided that they are based on reasonable and
objective criteria. Yet, this proposition is a subject of serious
scholarly debate.
Arrest and Detention:119
The right to liberty and security of persons has often been
narrowly understood by the State. It is applicable to all
deprivations of liberty, whether in criminal cases or in other
cases, such as, mental illness, vagrancy, drug addiction,
educational purposes, immigration control, etc. The
guarantee, such as the right to control by a court of the
legality of the detention, which applies to all persons
deprived of their liberty by arrest or detention, should be
ensured. The government also has to ensure that an
effective remedy is provided in other cases, in which an
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