History of the Section


Section 22 is modelled on article 10 of the ICCPR. Sections 22(2) and 22(3) of the Charter broaden article 10 of the ICCPR by extending the protections to persons who have been detained without charge. Section 22(2) also modifies article 10 of the ICCPR by requiring that an accused is segregated except where reasonably necessary. The ICCPR requires an accused to be segregated unless in exceptional circumstances.


Similar rights exist in comparative law. Refer to table below for further information.

Comparative rights table

Charter

Section 22 - Humane treatment when deprived of liberty


Section 22(1): All persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person.


Section 22(2): An accused person who is detained, or a person detained without charge, must be segregated from persons who have been convicted of offences, except where reasonably necessary.


Section 22(3) An accused person who is detained, or a person detained without charge, must be treated in a way that is appropriate for a person who has not been convicted.

ICCPR

Article 10(1) and 10(2)(a):


1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.


2.(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.

ACT: Human Rights Act 2004

Section 19

S Africa: Constitution of the republic of South Africa 1996 Chapter 2

Section 35(2)(e).

UK: Human Rights Act 1998
No equivalent provision
Canada: Canadian Charter of Rights and freedoms

No equivalent provision

New Zealand: New Zealand Bill of Rights Act 1990

Section 23(5)