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 95

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