Even if it is established that the distinctions made in the framework of an affirmative action policy are based on the same ground as the one which was the basis of previously unequal situations, the legal rules concerned should still be subject to the equality test.
即便能够证明在扶持行动政策框架内实行的差别待遇是根据以前不平等的情况采取的，有关的法律规则也要接受平等标准的检验。