PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation for which they were employed – the equality goals – have been sustainably achieved”,513 a position which is echoed almost verbatim by both the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights.514 There is clear consensus that “temporary” does not equate to “short”: the Committee on the Elimination of Racial Discrimination has noted that the length of time will vary in light of objectives, means and results, while the Committee on the Elimination of Discrimination against Women has stated that measures may be required for “a long period of time”.515 They share the position that measures should be discontinued when the results have been achieved and sustained, not on the basis of a “predetermined passage of time”.516 In its general comment No. 6 (2018), the Committee on the Rights of Persons with Disabilities has indicated that de facto “permanent measures” may be required in certain circumstances, “depending on context and circumstances, including by virtue of a particular impairment or the structural barriers of society”.517 Given the need to ensure that positive action measures cease when the equality objective has been achieved, but not before – and to ensure that measures are enhanced if ineffective in practice – all measures adopted should be subject to regular review and monitoring. The Committee on the Elimination of Racial Discrimination, for example, has underlined the need “for a continuing, system of monitoring [of] application and results using, as appropriate, quantitative and qualitative methods of appraisal”, as well as the need to consider the consequences of “abrupt withdrawal of special measures” for the subject groups.518 The Committee on the Elimination of Discrimination against Women has stressed the importance of participation, consultation and the use of data in assessing the progress and effectiveness of special measures.519 (c) Proportionality Finally, as the Committee on Economic, Social and Cultural Rights has noted, positive action measures should be a “reasonable, objective and proportional means” to reduce inequality,520 a position that is largely echoed by the other treaty bodies. Thus, the Committee on the Elimination of Racial Discrimination has noted that special measures should be legitimate, necessary in a democratic society and should “respect the principles of fairness and proportionality”,521 while the Committee on the Elimination of Discrimination against Women has stated that States should adopt special measures “if such measures can be shown to be necessary and appropriate in order to accelerate the achievement of … substantive equality”.522 It should be noted that “necessity” in this context does not entail a strict necessity test – designed to assess whether alternative, less restrictive measures could be taken – but rather an assessment of whether the measures are “necessary in a democratic society” to meet the aim of reducing inequality. Thus, the Committee on the Elimination of Racial Discrimination has noted that measures should be “designed and implemented on the basis of need”, based on “a realistic appraisal of the current situation of the individuals and communities concerned”.523 In a similar vein, an assessment of the proportionality of positive action measures should focus on the extent to which the stated purpose – accelerating progress towards equality – is achieved. Application of the proportionality test requires balancing an aim – in this case addressing historic disadvantage or accelerating progress towards equality – against any harm that may be caused in pursuing this aim. As some authors have 64 513 Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 27. 514 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 20; and Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 9. 515 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 20; and Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 27. 516 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 20. 517 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 28. 518 Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 35. 519 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), paras. 34–35. 520 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 9. 521 Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 16. 522 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 24. 523 Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 16.