replies of the holy see to the list of issues

8/13/2019 Replies of the Holy See to the List of Issues

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Committee on the Rights of the ChildSixtyfifth session

1331 January 2014

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the second periodic report of theHoly See

Addendum

Replies of the Holy See to the list of issues*

[2 December 2013

! ! "he present document is being issued #ithout formal editing$

%&$13'

(nited )ations *+*,*,-.",/,2,.dd$1

Convention on theRights of the Child

Distr$ %eneral

December 2013

riginal &nglish


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$# %ntroduction

1$ "he :oly 9ee #elcomes this opportunity to respond to the *ommittee on the +ights of

the *hild;s ? re@uests for =further information relevant to theimplementation of the *onvention>


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9tates and participates as a Hember and,or ermanent bserver to the (nited )ations


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of the *hurch and the administration of sacraments$ *onse@uentlyA some delicts are of little or

no relevance to the 9tateA #hile a fe# share concurrent urisdiction #ith the 9tate$ :o#everA

canon la# does not attempt to deal #ith any ecclesiastical delict in an e8haustive mannerA nor

treat many more crimes that are generally sanctioned by the 9tate$ In additionA the uridical

system of the *hurch does not use physical force for the punishment of delictsG there are no

prisons or other such places$

State Sovereignty and the CRC,s Application and %mplementation#

10$ "he principle of the =sovereign e@uality> of 9tates is the fundamental constitutional

norm of the la# of nations and

taFe =all appropriate measures> in this regard$ hile the term =urisdiction> is not defined in the

treatyA the ordinary use of the termA as discussed aboveA applies$ )ot unsurprisinglyA many

provisions in the *+* oblige 9tates arties to taFe appropriate national measures or legislativeA

udicial or administrative measures or to ensure that competent national authorities are involved

#ith the implementation of certain rightsA duties and principles contained in the *+*$ . fe#

provisions speaF about =promotion>A =encouragement> and =appropriate cooperation>A

including =international cooperation>$ "hese e8pressionsA in turnA may includeA on the one handA

the e8change of information for family reunification


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9ee;s ritten +eplies$ HoreoverA the :oly 9ee #ill use the follo#ing terminology the #ord

=implementation> #ill be employed in regard to application of the *+*A #ithin a specific

territoryA #hile it #ill continue to use the terms =encourage> or =promote> to describe #hat the

:oly 9ee does internationally to form the consciences of *atholics and all persons of good #ill$

In this latter regardA the :oly 9ee;s aim is a? to sustain the role of international la#A as a

precondition of #orld stabilityG b? to urge everyone to respectA in their personal and professionalconductA the basic principles and authentic human rights recogniEed in the *onventionG and c?

to support an authentic interpretation of the *+* for full implementation by 9tates arties$

&art %

1. Please provide information on the process of elaboration of the Holy Sees

report. In particular, please indicate whether children, childrensassociations and civil society associations were involved in the preparation of

the report.

12$ "he :oly 9ee;s +eport #as prepared through a process that involved input from therelevant dicasteries of the :oly 9eeA especiallyA the 9ecretariat of 9tateA 9ection for +elations

#ith 9tatesA and those mentioned in paras$ 67 or =civil society associations> in the preparation of reports


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-*9 is primarily based on one;s functionA and in certain circumstancesA a child may obtain

citiEenship due to his or her relationship #ith one #ho has citiEenship In additionA it isalso note#orthy that all children #ho live in -*9 receive their primary education and training

in schools located in +ome isno longer employed in the la#s of -*9G the abandonment of children is a crime in -*9


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procedures$ "o put this into practice the :oly 9ee is currently studying po#er point slides for

educators and discussion points as #ell as a series of =handouts> or fact sheets A such as a sample code of behaviourA a complaints form and a safe

recruitment and selection checFlist$

%. With reference to pararaph &' of the Holy Sees report, please elaborate on

the concrete measures underta#en by the Pontifical "ouncil for the (amily)P"(* to implement and evaluate the implementation of the "onvention.

20$ .s previously mentionedA the :oly 9ee encourages or promotes the principles as #ell as

the rights and duties of the *+* internationally$ (nfortunatelyA the #ord =implementation> #as

employed in para$ 67 of the :oly 9ee;s +eportA instead of the term =encouragement>A #hich is

the most accurate #ay to describe #hat the +oman ontiff and his dicasteries do internationally

.s e8plainedA scholarly interventions addressed the

historical bacFground of the *+*A current interpretations by the *ommittee as #ell as various

interdisciplinary aspects of the development of childrenA including family'child relations

psychologicalA sociological and pedagogical$

21$ "he :oly 9ee offers updated information in its +eport submitted in 9eptember 2011 on

the activities of the *C and the rights of the child


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Fno# and be raised by their parents and in this regardA the familyA the natural and fundamental

unit of societyA based on marriageA bet#een one man and one #omanA a partnership for lifeA

essential for the begetting and education of childrenA is entitled to the protection of society and

the state$ Cor further information please find a copy on the *harter of the +ights of the Camily

in the form of an attachment to the :oly 9ee;s ritten +epliesA provided as .ttachment II$

+. Please indicate the measures ta#en by the Holy See to ensure the effectivedissemination of the "onvention amon the eneral public and in particular

children. Please also indicate the trainin provided to all reliious personnelwho wor# in contact with children.

22$ In conformity #ith art$ 42 of the *+*A pursuant to #hich 9tates arties have undertaFen

=to maFe the principles and provisions of the *onvention #idely Fno#nA by appropriate and

active meansA to adults and children aliFeA> the :oly 9ee raises a#areness through formation of

the consciences of *atholics and all people of good #illA in reiterating basic principles and

authentic human rights #orld#ideA by means of publicationsA speeches and conferences$ "his

argument is developed at considerable length on a #ide range of issues in the :oly 9ee;s

+eport$

23$ hile the #ord =training> is not contained in the *+*A nor the e8pression =religious

personnel>A the :oly 9ee acFno#ledges that =training> constitutes a good practice for the

ultimate protection of children and prevention of child se8ual violence$ "he :oly 9ee supports

the protection of children and the young through the promotion of safe environments for them

and public a#areness programs$ 9uch activities are to include the formation and education of

parents together #ith the screeningA training and formation of clericsA religious and lay personsA

engaged in pastoral #orF for *atholic institutions and programs$ In regard to the *ommittee;s @uestion on the topic of =genderA> the :oly 9ee has already

given a response to this @ueryA #hich #as raised in the *ommittee;s *oncluding bservationsA

and ans#ered in para$ 3 of the :oly 9ee;s +eport$

1


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26$ n the @uestion concerning *atholic schools and institutions around the #orld and their

te8tbooFsA as previously mentionedA they operate according to their o#n status in canon la# and

comply #ith the ust la#s of the respective 9tate #here they are situated$ :o#everA such

initiatives are to be inspired by the principles taught by the :oly 9ee on the e@uality bet#een

boys and girls set out in its reportA in particular para$ 23


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e8press those vie#s freely in all matters affecting the childA the vie#s of the child being given

due #eight in accordance #ith the age and maturity of the child$> "he implementation of this

provision is provided in art$ 12 In light of the aboveA the :oly 9ee considers theimplementation of the right to e8press one;s vie# in referred to as the =opportunity to be heard>A #hich is largely a

procedural matter $ . child may also have the opportunity to be heard is articulated in para$ 23 .s previously mentionedA the :oly 9ee acFno#ledges thatthe *ommittee promotes the child;s =right to be heard>


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=.ll human beings are born free and e@ual in dignity and rights$ "hey are endo#ed #ith reason

and conscience and should act to#ards one another in a spirit of brotherhood$>

. Please indicate whether an investiation was conducted by the Holy See into

the complaints of torture and other cruel, inhuman and deradin treatmentand of subection to force labour of irls held in the 3adalenes laundries

run by "atholic Sisters in Ireland until 1!!. If so, please provide the"ommittee with the main findins of such an investiation. In particular,

please provide detailed information on4

5a6 7he proceedins enaed aainst all those found responsible within these conreations,

and aainst all those who financially benefitted from the forced labour done by irls in the

laundries8

5b6 7he number of babies ta#en away from their mothers in the 3adalenes laundries, placed

in catholic orphanaes or iven for adoption as well as on the measures ta#en to reunite

mothers with their children, and the efforts to ensure full disclosure of all information on the

whereabouts of all these children8

5c6 7he compensation as well as the rehabilitation measures, includin medical, psycholoical

and social services provided to the victims of the 3adalenes laundries who are still

e-periencin lon lastin conseuences of the abuse suffered when they were children.

30$ "he :oly 9ee is grateful for the investigation carried out by Ireland and in collaboration

#ith various bodies #ith the (nited )ations 9ystem$ It respects the duty of Ireland to

investigate such matters and determine #hether criminal investigations are also #arranted$

31$ "he :oly 9eeA as a 9overeign subect of international la#A is obliged to respect the duty

of non'intervention into the domestic affairs of other 9tates concerning alleged crimes against

children committed by personsA including *atholicsA living and #orFing #ithin institutions

operating in their respective territories$ .s previouslyA notedA the implementation of the*onvention is applied #ithin the territories of 9tates arties and during the time period in #hich

the *onvention is in force for the respective 9tate arty$

32$ In additionA it is note#orthy to underline that the e8pression =child labour> is not found

in the *onventionA rather art$ 32 In terms of implementation #ithin a given territoryA

art$ 32

including


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compensation and their #illingness to pay a part of a compensation pacFage developed by 9tate

authorities$

34$ "he *atholic *hurch teaches that the human body shares in the dignity of the image of

%od


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forceful appeal for respect for the inviolability of physical life and the integrity of the person$ It

culminates in the positive commandment #hich obliges us to be responsible for our neighbour

as for ourselves RKou shall love your neighbour as yourself; or

=punishment> are not used$ HoreoverA the *** emphasiEes that the parents; failure to e8ercise

their responsibilities and duties in regard to their children does not promote healthy child

development$ "his in turn implies that the proper parental attitude and intention to#ards their

child should be to rectify the child;s inappropriate action by imposing certain reasonable

conse@uences for such behaviour taFing into consideration the child;s ability to understand the

same as corrective$ "his point should also be considered alongside ope John aul II;s appeal

for respect for the inviolability of physical life and the integrity of the person$ HoreoverA it is

#orth noting that parents are bound by the la#s of the 9tate #here they live$

3$ In regard to the teacher'student relationshipA certainly parents can delegate their

inalienable rights of education to teachersA #ho #ithin their scope of responsibility mayA in

certain circumstancesA rectify the child;s inappropriate action by imposing certain reasonable

conse@uences for such behaviour taFing into consideration the child;s ability to understand thesame as corrective$ :ere againA the :oly 9ee does not use the term =corporal punishment> and

the #ords of ope John aul II are again relevant$ HoreoverA it is #orth noting that teachers are

bound by the la#s of the 9tate #here they #orF$

1:. Please e-plain how the Holy See fulfils its responsibility to e-ercise due

dilience and to prevent violence aainst children within the family. In thisconte-t, please clarify the statement contained in pararaph 2% of the Holy

Sees report that /children must be protected in cases where a proven abusehas been committed within the family0 and that /beyond such cases, civil

authorities must not intervene in the family and interfere with the duties and

rihts of the parents0. Please indicate whether the Holy See has createdwithin its own institutions and encouraed other States to create safe andchild;sensitive counsellin, complaint and reportin mechanisms forchildren.

35$ "he :oly 9ee does not accede to or ratify human rights treaties on behalf of every

*atholic in the #orldG every person must comply #ith the la#s of the 9tate in #hich they live$

In specific regard to para$ 23A to put this reply into conte8t the :oly 9ee adopts #hat it states in

#ritten reply 7$2G in briefA paras$ 23


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#ell'being of their childA especially as regards matters pertaining to primary careA religionA

educationA association #ith othersA access to appropriate informationA and privacy$ "he :oly

9ee finds support for these propositions in the *onvention


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11. In the liht of the reconition by the Holy See of se-ual violence aainstchildren committed by members of the clery, brothers and nuns in

numerous countries around the world, and iven the scale of the abuses,please provide detailed information on all cases of child se-ual abuse

committed by members of the clery, brothers and nuns or brouht to theattention of the Holy See over the reportin period. (or all these cases, please

provide detailed information on4

5a6 7he measures in place to ensure that no member of the clery currently accused of se-ual

abuse be allowed to remain in contact with children as well as the specific cases where

immediate measures were ta#en to prevent them from bein in continued contact with

children as well as the cases where priests where transferred to other parishes or to other

States where they continued to have access to and abuse children8

5b6 7he e-plicit instructions iven at all levels of the clery to ensure the compulsory reportin to

national competent authorities of all cases of se-ual abuse and on the cases where

instructions were iven not to report such offences, and at which level of the clery8

5c6 7he type of support and protection provided by the Holy See to child victims of se-ual abuse

party testifyin aainst their se-ual abusers and the cases where children were silenced in

order to minimi


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them to taFe the necessary measures to protect children from this abuse and safeguard them

from any difficulty in the future$

46$ .s for the re@uest of the *ommittee to provide information on cases of se8ual abuse

committed by members of the clergyA brothers and nunsA it is important to emphasiEe thatA

according to the customary procedures envisaged by international la#A it is not the practice of

the :oly 9ee to disclose information on the religious discipline of members of the clergy or

religious according to canon la#A unless there is a related matter concerning international

udicial cooperation #ith a 9tate and the re@uest by the 9tate is madeA generallyA through

specific procedures$ "he :oly 9ee also adopts #hat it states in para$ 5A supraA of the

Introduction on the distinction bet#een canon penal la# and 9tate criminal la#s$ :aving said

thatA the :oly 9ee #ill endeavor to ans#er the aforementioned @uestionsA in a general #ayA #ith

particular reference to the most recent initiative of the *ongregation for the Doctrine of the

CaithA namelyA the provision of %uidelines to assist &piscopal *onferences throughout the

#orld$ 9ome of the essential principles lie outside the remit of canon la# and are therefore

relevant to the international community on topics such as victim assistanceA safe'environment

programs for children and cooperation #ith civil authorities$ "his discussionA infraA should be

vie#ed as complementary to all that has been previously stated on the :oly 9ee;s efforts

regarding the issue of child se8ual abuse and other forms of e8ploitation contained in the :oly9ee;s +eport and in the :oly 9ee;s Initial +eport on the ptional rotocol on the 9ale of

*hildrenA *hild rostitution and *hild ornography$

4$ rimary Duties (nder the %uidelines$ "he Diocesan Nishop and Haor 9uperior have

the primary obligations of assuring the protection of children and of the young involved in

pastoral #orF of the *hurchA in catholic schools and parishesA in youth outreach and

recreational programs promoted by catholic institutionsA and to provide an appropriate response

to cases of se8ual abuse of minors by clerics or religiousA as #ell as to prevent se8ual violence

and abuse$ "he %uidelines #ere drafted to assist the correct application of the norms

promulgatedA on 21 Hay 2010 by ope Nenedict L-IA as a revised version of the norms

promulgated by ope John aul II in 2001A #hich included norms on the se8ual abuse of minors

by members of the clergy$

47$ riestsA +eligious and the rotection of *hildren$ .s a preemptive actionA greaterscrutiny must be e8ercised a? in accepting candidates for the priesthood and religious lifeG b? in

e8changing information #hen those same candidates or priests or religious transfer from one

seminaryA diocese or religious institute to anotherG and c? in developing spiritual and human

formation programsA including an appreciation of chastity and celibacy$ "he %uidelines also

emphasiEe the protection of minorsA and the non'return of a cleric to ministryA in cases #here

minors #ould be in dangerA and the application of canon la# in this respect$

4$ *ooperation #ith *ivil .uthority$ "he fundamental truth that the se8ual abuse of minors

is a crime that violates 9tate criminal la#s must be recogniEed$ In particularA respect should be

sho#n a? for civil la#sA such as reporting obligationsG b? for the person #ho reports the delict

of clerical se8ual abuse of a minorG and c? for the right to re@uest that his or her name not be

made Fno#n to the priest denouncedA in cases connected #ith a further delictA namely that

against the dignity of the 9acrament of enance$45$ -ictims of 9e8ual .buse$ -ictims must be listened to and their suffering acFno#ledged$

"hey must be offered spiritual and psychological assistance #ith a vie# to fostering healing and

to promoting reconciliationA for the purpose of their possible social rehabilitation$ .s #as noted

in the introduction of this +eportA the *hurch conducts penal canon la# proceedings in

$


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confidenceA according to the criteria of due processA in order to protect the #itnessesA the

accused and the integrity of the *hurch process$ .s #as notedA in the introduction of these

#ritten repliesA although the proceedings are not open to the publicA this does not forbid or even

discourage anyone from reporting the underlying allegations to civil authorities$ "he *hurch

has constantly taught the moral obligation to obey ust civil la#s


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62$ :aving said thatA art$ 5 "he :oly 9eeA as a 9overeign subect of international

la#A is obliged to respect the duty of non'intervention into the domestic affairs of other 9tates

concerning alleged crimes or violations against children committed by personsA including

*atholicsA living and #orFing #ithin institutions operating in their respective territories$ .s

previouslyA notedA the implementation of the *onvention is applied #ithin the territory of each

9tate arty starting on the day of the *onvention;s entry into force for the respective 9tate

arty$

1%. 7a#in into account that "atholic institutions provide different types of

services around the world in relation to child abandonment, includin babybo-es, please indicate the measures ta#en by the Holy See to ensure that the

necessary support is provided to families to prevent abandonment. In case ofabandonment, please e-plain the measures ta#en to preserve the riht to

identity of abandoned children.

63$ "he :oly 9ee does not e8ercise effective control over the local activities of *atholic

institutions around the #orldA #hich operate in accordance #ith their o#n status in canon la#

and the la#s of the respective 9tate in #hich they operate$ .s previously mentionedA 9tates

arties have a duty to enact la#s #here such services are located by creating la#s and

regulations concerning them and the responsibilities of institutions involved in receiving

abandoned children$

64$ :aving said thatA the e8pressions =child abandonment> and =baby bo8es> are not found

in the *+*A ho#everA the *onvention recogniEes the duties of parents to protect and care for

their child and the correlative rights of the child to Fno#A be cared for and protected by theirparents A in a number of different #aysA and for different reasonsA for e8ample as

e8tra or spare embryos during certain artificial reproduction technologiesG as =inconvenient

babies> destined for abortionG and as =problematic ne#borns> left to die in dumpsters$ .

practice that permits the child to be placed in a #arm placeA #here they are received and cared

for by othersA as an alternative to abortion or infanticide might be considered as a good practice$

Crom a common sense perspectiveA the right to lifeA in art$ of the *+*A precedes the right to

Fno# one;s parentsA in thatA if the parents of a child #ere to end the child;s life before birth or

immediately after birthA the child #ould have no opportunity to Fno# or be raised by the same$

BastlyA abandonment of children in such cases offer the opportunity of the parents to return and

retrieve their children$ In regard to regulation of this practiceA 9tates arties have a duty to enact

la#s #here such services are located by creating la#s and regulations concerning them and the

responsibilities of institutionsA #hich receive them$

66$ .s noted in #ritten reply 12$1A supraA the :oly 9ee;s main vehicle to stop the

abandonment of children is the formation of consciences of *atholics and every person of good

#ill on fundamental principles regarding human se8ualityA marriage as #ell as the rights and

$1


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5c6 9ecently introduced policies, prorammes and action plans and their scope and financin.

6$ n Hay 3A 2011A the *ongregation for the Doctrine of the Caith issued a *ircular Better

to .ssist &piscopal *onferences in Developing %uidelines for Dealing #ith *ases of 9e8ual

.buses of Hinors erpetrated by *lerics$

5d6 9ecent ratifications of human rihts instruments.

65$ (nited )ations *onvention against "ransnational rganiEed *rime$


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studentsG 43A777 secondary schools

replies of the holy see to the list of issues

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