The Congregation for the Doctrine of the Faith has published its long-awaited vademecum, or handbook, on handling abuse cases. Initial reports are focusing on the document’s language about civil reporting. Point #17 of the handbook says that church officials “should” report to civil authorities if they think the victim or minors might be in danger.
While this language is incrementally stronger than the Vatican’s usual rhetoric, the difference is of little consequence.This is merely a manual – it carries no weight under church law. What matters is the prevailing canonical norm about civil reporting in Vos Estis Lux Mundi, the reporting law issued by the Pope last year. That norm, Article 19, says that VELM’s new reporting procedures should be applied “without prejudice” to state law. The provision in its entirety reads: “These norms apply without prejudice to the rights and obligations established in each place by state laws, particularly those concerning any reporting obligations to the competent civil authorities.”
That’s not a recommendation to report. It’s a minimal nod to civil obligations, and its implications are devastating: as Pope Francis knows, clergy are exempted from reporting child sexual abuse in most countries.This means that under current canon law, most of the world’s bishops still are allowed not to tell civil authorities that a priest is raping a child.
If Pope Francis is serious about waging an “all-out battle” against child sexual abuse, he should order every church official to report allegations to civil authorities. The Vatican often observes that in certain countries, reporting a sex crime could put the accuser or accused at risk. That’s no reason not to mandate civil reporting in the scores of countries where it is safe to do so. The Vatican could specify the few unsafe countries, and exempt bishops who work there from the civil reporting obligation.
News reports today are also highlighting Point #50, which says that Ordinaries must cooperate with civil court orders to surrender documents. Hierarchs should not obstruct justice, in other words. This provision too is minimal, and falls far short of what the Vatican should be ordering, which is the proactive release of abuse files to civil authorities. Point #50 is simply prudent self-protection on the part of the Holy See. It knows that the church is facing a new era of accountability worldwide. Church offices are being raided by police, and from Chile to Colombia to the United States to Poland, civil authorities are accusing bishops of cover-up. Increasingly, civil courts are demanding that church authorities turn over information about sexual assaults of children. That the Vatican is now advising non-obstruction is hardly praiseworthy. (cont’d)
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