It is generally accepted that the principle of equality and non-discrimination is the base rule for the protection of Human Rights and fundamental freedoms at both the domestic and international levels. Maintaining this principle requires the search for the means that are capable of ensuring its achievement in order to be practiced and seen by citizens on the ground, not to remain as a mere dead word on paper. In our view, when public opinion is effective, mature, and exercised by the elites, it will be capable to control and prevent discrimination process by using exceptional methods such as positive discrimination, it should be noted that equality can only be relative, as it cannot be achieved for the similar positions and it also differs for the different positions. Accordingly, this means that the rule of equal treatment of beneficiaries of the right does not preclude differentiation between categories of persons in the different positions and that is what we explained in this search.