History of the Section


Section 17(1) is modelled on article 23(1) of the ICCPR. Paragraphs (2), (3) and (4) of article 23 were intentionally omitted from the Charter. This is apparent from the report of the Human Rights Consultation Committee.147


Section 17(2) is modelled on article 24(1) of the ICCPR. Paragraphs (2) and (3) of article 24 were intentionally omitted. This is also apparent from the report of the Human Rights Consultation Committee.148

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

Comparative rights table

Charter

Section 17. Protection of families and children


Section 17(1): Families are the fundamental group unit of society and are entitled to be protected by society and the State.


Section (2): Every child has the right, without discrimination, to such protection as is in his or her best interests and is needed by him or her by reason of being a child.

ICCPR

Article 23(1):


1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 24(1):

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

ACT: Human Rights Act 2004

Section 11(1).


Section 11(2).

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

Section 28.

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 equvalent provision.

Footnotes

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147 Human Rights Consultation Committee (Victoria), Rights, Responsibility and Respect (2005) 45.


148 Ibid.