Wednesday, February 05, 2014

UN Committee says the Holy See is in the breach of the Convention on the Rights of the Child

The UN gives the Holy See a telling offThe United Nations Committee for the Rights of the Child has declared that the Holy See “is in breach of the Convention of the Rights of the Child”.   

It said so when it presented its conclusions and recommendations at a press conference in Geneva on February 5, 2014, after studying the Holy See’s report and questioning its delegation on January 16.

The Holy See, in a statement issued afterwards and in a Vatican Radio interview by its UN representative Archbishop Silvano Tomasi, promised to seriously study and examine the recommendations. 

At the same time it challenged the UN Committee for exceeding its mandate by recommending that the Catholic Church change its teaching on such questions as abortion, contraception, homosexuality and the family.

The hard-hitting UN report claimed the Holy See had put the reputation of the institution before the welfare of children when it came to questions of abuse by clergy.  Its report contains not only incisive observations but also specific recommendations aimed at the protection of the rights of the child throughout the Catholic Church and its institutions.

At the press conference, the Committee members acknowledged that there have been notable changes in the Holy See’s approach to the whole abuse question over the past decade, but it l insisted that much more needs to be done by the Holy See to comply with the UN Convention.

One of its more significant conclusions comes in Number 44 where, responding to the abuse of “tens of thousands” of children and minors by priests and religious; it articulates nine very specific recommendations, including the following:

It “strongly urges” the Commission for the Protection of Children set up by Pope Francis in December 2013 to “investigate independently all cases of child sexual abuse as well as the conduct of the Catholic hierarchy in dealing with them”.

It calls on the Holy See to “immediately remove all known and suspected child abusers from assignment and refer the matter to the relevant law enforcement authorities for investigation and prosecution purposes”.

It asks the Holy See “to ensure a transparent sharing of all archives which can be used to hold the abusers accountable as well as those who concealed their crimes and knowingly placed offenders in contact with children”.

It urges the Holy See to “amend Canon Law in order for child sexual abuse to be considered as crimes and not as “delicts against the moral”, and repeal all provisions which may impose and obligation of silence on the victims and on all those who become aware of such crimes”.

It recommends that the Holy See “establish clear rules, mechanisms and procedures for the mandatory reporting of all suspected cases of child sexual abuse and exploitation to law enforcement officials”.

It requests that the Holy See “ensure that all priests, religious personnel and individuals working under the authority of the Holy See are made aware of their reporting obligations and of the fact that in case of conflict, these obligations prevail over Canon Law provisions”

It proposes that the Holy See “Develop programs and policies for the prevention of such crimes and for the recovery and social integration of child victims, in accordance with the outcome documents adopted in  1996, 2001 and 2008 World Congresses against Sexual Exploitation of Children...”

Other recommendations deal with compensation for victims, education in families and schools and the question of discrimination.

Less than two hours after the UN Committee released its report, the Holy See responded with a low key diplomatic statement. It said it “takes note of the Concluding Observations on its Reports” in accordance with the procedures that apply to state parties to the Convention on the Rights of the Child.   

It promised that these observations “will be submitted to a thorough study and examination, in full respect of the Convention in the different areas presented by the Committee according to international law and practice, as well as taking into consideration the public interactive debate with the Committee, held on 16 January 2014”.

At the same time, it took the UN Committee to task for overstepping its mandate and said, “The Holy See does regret to see in some points of the Concluding Observations an attempt to interfere with Catholic Church teaching on the dignity of human person and in the exercise of religious freedom.”  

This refers to some of the UN Committee’s recommendations that the Church should change its teaching regarding abortion, contraception, homosexuality, and the family, which the UN body considers detrimental to the protection of the rights of the child.  Clearly the Vatican considers that these particular recommendations from a more politically driven agenda than was envisaged when it ratified the UN Convention and its relative protocols.  

The Holy See concluded by re-affirming “ its commitment to defending and protecting the rights of the child, in line with the principles promoted by the Convention on the Rights of the Child and according to the moral and religious values offered by Catholic doctrine.”

The UN report on the Holy See