on the basis of such instruments. The obligation to take special measures is distinct from the general positive obligation of States parties to the Convention to secure human rights and fundamental freedoms on a nondiscriminatory basis to persons and groups subject to their jurisdiction; this is a general obligation flowing from the provisions of the Convention as a whole and integral to all parts of the Convention. Special measures should be appropriate to the situation to be remedied, be legitimate, be necessary in a democratic society, respect the principles of fairness and proportionality, and be temporary. It is important to note that the Committee, in its general recommendation, also specified that “special measures should not be confused with specific rights pertaining to certain categories of person or community, such as, for example the rights of persons belonging to minorities to enjoy their own culture, profess and practise their own religion and use their own language […]. Such rights are permanent rights, recognized as such in human rights instruments, including those adopted in the context of the United Nations and its agencies. States parties should carefully observe distinctions between special measures and permanent human rights in their law and practice. The distinction between special measures and permanent rights implies that those entitled to permanent rights may also enjoy the benefits of special measures.”8 While the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination can contribute to successful integration in societies, it is extremely important to ensure that integration is not understood to mean, and does not lead to, forced assimilation into the dominant culture. The implementation of the rights of persons belonging to minorities has highlighted the need not only to understand and redress inequality but also to accommodate difference and diversity. Special measures to protect the existence and identity of minorities and encourage conditions for the promotion of that identity, including through minority language education, are to be distinguished from temporary special measures. Special measures to protect minorities can be permanent. The open-ended engagement of a State to ensure effective participation by adopting special procedures resulting in the creation of institutions, and making arrangements through which members of minorities are able to make decisions, exercise legislative and administrative powers, and develop their culture, constitutes the best approach to preventing conflicts. In this regard, the Committee on Economic, Social and Cultural Rights adopted general comment No. 21 (2009) on the right of everyone to take part in cultural life, which entails an obligation on States parties to recognize, respect and protect minority cultures as an essential component of the identity of the States themselves. 8 See also Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 19, and “Recommendations of the Forum on Minority Issues” (A/HRC/10/11/ Add.1, para. 12). 10