Apart from conceptual aspects and the analysis of the (national and Community) judicature, this article focuses on two questions: (1) the hierarchy of equality, including the “progressive interpretations” of the Community legislation, which have caused potential conflicts between the Community law and the national law (in particular constitutional law), and (2) the affirmative (in particular procedural law) actions whose scope and nature consistently derogates from the rights of individuals, including the right to equal treatment. The elimination of the principle of proportionality in respect of the basic human rights generates inconsistency of the law as 183 well as hierarchical divisions of individuals into groups or classes subject to unequal treatment those who enjoy legal protection and those who are excluded from it. It is a fairly common aspect of the affirmative actions in question. This article discusses the titular right to equal treatment, including the assessment of how this right is exercised and protected in substantive and procedural law, in view of the common practice of religious discrimination (against Christians).