Fairness sometimes means giving differently because circumstances are different.

Same treatment and fair treatment come apart whenever starting points differ. Giving identical support to someone with resources and someone without produces very different results, and the identical part can be a way of declining to notice. Different provision is not favouritism when the need itself is unequal.

When designing something that affects a group, ask what it assumes people already have. Time, money, transport, confidence, a quiet room. Adjusting for that is usually cheap and it is what makes a rule land evenly.