By Sandro Magister
The Chiesa
May 17, 2011
http://chiesa.espresso.repubblica.it/articolo/1347923?eng=y
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The fundamental responsibility rests with them, writes the congregation for the doctrine of the faith. Which also asks for more attention to the victims, and more guarantees for the accused
ROME, May 16, 2011 – Starting today, the episcopal conferences all over the world have twelve months, and no longer, to write the "guidelines" to be provided to their bishops on how to deal with the sexual abuse of minors by priests.
It is the congregation for the doctrine of the faith that is demanding it. It has written and explained this in a circular letter made public today, "to assist the conferences of bishops with the preparation of such guidelines."
The motives that drove the Vatican authorities to issue this circular letter and to impose such a strict deadline on the episcopal conferences are evidently the fruit of the experience with facing this scourge cultivated in recent years in various countries: with some bishops and episcopates further ahead, some further behind.
But the circular also highlights some criticisms formulated by illustrious jurists and canonists against the praxis commonly adopted in recent years by Church authorities in these cases.
One of these criticisms is excessive centralization.
One of these criticisms is excessive centralization.
In effect, the motu proprio "Sacramentorum Sanctitatis Tutela," released by John Paul II on April 30, 2001, and the subsequent applicative norms backed above all by Joseph Ratzinger as cardinal and pope, give the congregation for the doctrine of the faith jurisdiction over every case of the sexual abuse of minors committed by priests.
The reason was the unreliability demonstrated by many bishops in handling these cases. And in effect, since the congregation for the doctrine of the faith has taken control of the matter, the work of purification has produced better results.
But this centralization has opened the door not only to the evasion of their responsibilities by some bishops, but also to the risk that Vatican authorities and the pope himself could be dragged into court, for crimes committed by their "employees" anywhere in the world.
Another criticism concerns the wide recourse, against priests guilty of abuse, to extra-procedural sanctions: to sanctions, that is, that are easier and faster to issue than the sentences of a real and proper canonical process, judicial or administrative.
Eight out of ten cases of abuse, in the last ten years, have in effect concluded with extra-procedural sanctions, including the most sensational case: the requirement to retire to private life issued in 2006 against the founder of the Legionaries of Christ, Marcial Maciel.
This procedure, however, seriously limits the rights of the accused to defense, under multiple aspects, as brought to light by an article from www.chiesa on November 20, 2010:
> Pedophilia. The Doubts of the Cardinals Over "Zero Tolerance"
And so, to these and other criticisms, the circular released today by the congregation for the doctrine of the faith in large part expresses agreement.
In correction of an excessive centralization, it insists on the responsibility that belongs primarily to individual bishops or superiors of religious orders.
The bishops – it reads – must also avoid delegating their powers of governance to "consultative bodies of review" set up in some dioceses – the cases of Brussels and Vienna are the best known – to handle cases of abuse.
In correction of the negative effects of extra-procedural measures, the circular insists on the duty to guarantee the presumption of the innocence of the accused, their right to defense from the beginning of the investigation, the respect for privacy and reputation, including "just and fit sustenance" on the part of their respective diocese or religious order.
Moreover, the circular urges more attention than now exists to the selection of aspirants to the priesthood and the formation of priests themselves, especially young ones. In the case of the former, it calls for more thoughtful assessment of "those candidates to priesthood or religious life who transfer from one seminary to another, between different dioceses, or between religious institutes and dioceses."
Naturally, the first point on which the circular insists is the duty to take care of the victims of abuse.
The circular of the congregation for the doctrine of the faith bears the date of May 3, 2011, and the complete text is on the Vatican website:
> Circular Letter to Assist Episcopal Conferences..."
With the accompanying letter from cardinal prefect William Levada:
> "Your Eminence, Your Excellency..."
And the following is the final part of the circular, with a description of the procedures that every bishop must already adopt now in cases of sexual abuse committed by his priests, and with the indications given to the episcopal conferences to elaborate even more precise and stringent guidelines.
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