A/HRC/11/36 page 12 C. Special measures to correct historical imbalances 36. Non-discrimination is essential to create a level playing field and to prevent the repetition of past mistakes that created large imbalances. The Special Rapporteur notes, however, that because of the historical legacies of racism in most parts of the world, simply implementing the right to non-discrimination will not help redress the large disparities created over the course of decades or centuries of discrimination; rather, they will simply maintain the current gap between minorities and majorities. Specific actions are therefore needed to redress these historical imbalances in order to promote real equality to minorities. The Special Rapporteur recalls that the need for such special measures has already been affirmed by article 1.4 of the International Convention on the Elimination of All Forms of Racial Discrimination.10 37. While the Special Rapporteur recalls the caveat established by the Convention regarding the temporary character of such special measures, he is concerned at the recent trend in many parts of the world of the retreating from and dismantling of such measures before the goals of integration have been attained. 38. The Special Rapporteur recalls three main reasons why such special measures are needed and indeed beneficial. First, they are designed to correct historical injustices and remedy past damage, such as slavery, segregation or apartheid. Affirmative action helps correct the present-day legacy of these historical events. Second, special measures in areas such as schools help improve the quality of education, particularly for those pupils that have left segregated schools and joined integrated ones. Sociological and pedagogical studies have indeed shown that more integrated schools have a better overall academic performance than more segregated ones. Finally, integrated schools and workplaces help foster democratic culture in pluralistic societies, establishing different degrees of cooperation and interaction among people of diverse racial or ethnic backgrounds.11 39. One of the key difficulties in overcoming racism and discrimination is the lack of interaction and everyday relations among different racial or ethnic groups. By correcting these historical distortions, special measures such as affirmative action help build a more solid and democratic society, in which different groups cooperate on a regular basis. In this regard, they help create the most solid defence against future forms of racism, racial discrimination, xenophobia and related intolerance. 10 “Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.” 11 For an in-depth review of these arguments, see the dissenting opinion by Justice Stephen Breyer of the United States Supreme Court in the case Parents Involved in Community Schools v. Seattle School District.