History of the Section

This provision is modeled on article 10(2)(b) and partly on article 10(3) of the ICCPR. The rights protected in ss. 22 and 23 of the Charter are protected in one provision of the ICCPR, namely article 10.

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

Comparative rights table


23. Children in the Criminal Process

Section 23(1): An accused child who is detained or a child detained without charge must be segregated from all detained adults.

Section 23(2): An accused child must be brought to trial as quickly as possible.

Section 23(3): A child who has been convicted of an offence must be treated in a way that is appropriate for his or her age.


Article 10(2)(b) and 10(3):

2.(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

ACT: Human Rights Act 2004

Section 20.

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

Section 28(1)(g).

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

No equivalent provision