A surprising, disturbing are surely controversial report has roundly criticized the Holy See (Vatican) for alleged neglect of violence against children, including sexual abuse, within its jurisdiction around the world.
A United Nations committee on children complained today that the Holy See took 14 years to provide details about applying the international Convention on the Rights of the Child. It rejected a contention that the Holy See should not be held responsible because bishops and major superiors of religious institutes do not act as representatives or delegates of the Pontiff in Rome.
It pointed out that all subordinates in Catholic religious orders are bound by obedience to the Pope under Canons 331 and 590. Therefore, by ratifying the Convention, the Holy See committed itself to applying all provisions not only in the territory of the Vatican City State but also through all individuals and institutions placed under its authority as the supreme power of the Catholic Church.
The UN Committee on the Rights of the Child said it is “particularly concerned that in dealing with allegations of child sexual abuse, the Holy See has consistently placed the preservation of the reputation of the Church and the protection of the perpetrators above children’s best interests, as observed by several national commissions of inquiry”.
It voiced concern that the Holy See restrictively interprets the right of children to freely express their views in all matters affecting them, although ensuring this right is a legal obligation under the Convention without leeway for discretion.
It reminded the Holy See of the dangers of early and unwanted pregnancies and clandestine abortion, including the particular risk for adolescent girls and boys of STDs and HIV/AIDs. It called for reassessment of Holy See positions on adolescent sexuality that hinder access to information on family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted diseases (STDs).
About sexual abuse, the Committee was particularly concerned that child victims and their families “have often been blamed by religious authorities, discredited and discouraged from pursuing their complaints and in some instances humiliated.”
It lamented that the Holy See continues to address cases of abuse through Canon Law proceedings that contain no provision for the protection, support, rehabilitation and compensation of child victims. It asked for significant reforms including recourse to judicial authorities.
It expressed “deepest concern about child sexual abuse committed by members of the Catholic churches who operate under the authority of the Holy See, with clerics having been involved in the sexual abuse of tens of thousands of children worldwide”.
“The Committee is gravely concerned that the Holy See has not acknowledged the extent of the crimes committed, has not taken the necessary measures to address cases of child sexual abuse and to protect children, and has adopted policies and practices which have led to the continuation of the abuse by and the impunity of the perpetrators.”
“It (the Holy See) has declined to provide the Committee with data on all cases of child sexual abuse brought to its attention over the reporting period and the outcome of the internal procedure in these cases.”
“Child sexual abuse, when addressed, has been dealt with as grave delicts against the moral through confidential proceedings providing for disciplinary measures which have allowed the vast majority of abusers and almost all those who concealed child sexual abuse to escape judicial proceedings in States where abuses were committed.”
On discrimination against children, the Committee urged the Holy See to “make full use of its moral authority to condemn all forms of harassment, discrimination or violence against children based on their sexual orientation or the sexual orientation of their parents, and to support efforts at international level for the decriminalisation of homosexuality”.
It should also “promptly abolish the discriminatory classification of children born out of wedlock as illegitimate children”.
The Committee noted that the Holy See has not yet clearly banned corporal punishment, including ritual beatings of children, which remain widespread in some Catholic institutions. The Convention prohibits any level of physical or mental violence against children, however light.
Emphasizing the scourge of domestic violence, it urged the Holy See to ensure that religion, custom or tradition should not serve as an excuse to evade obligations to protect women and girls from such violence.
It voiced concern about the situation of children born of Catholic priests, who, in many cases, are not aware of the identity of their fathers. It recommended that the Holy See assess the number of such children, find out who they are and take all the necessary measures to ensure their rights to know and be cared for by their fathers.
On the rights of girls, the Committee regretted that “the Holy See did not provide precise information on the measures taken to promote equality between girls and boys and to remove gender stereotypes from Catholic schools textbooks as requested by the Committee in 1995”.
Terminology that challenges the right of girls to equality with boys as enshrined in the Convention should be dropped.
Regarding torture and other cruel or degrading treatment or punishment, it said the Holy See “has not taken the necessary measures to protect and ensure justice for girls arbitrarily placed by their families, State institutions and churches in the Magdalene laundries of Ireland run by four congregations of Catholic Sisters until 1996”.
Among other things, “girls placed in these institutions were forced to work in slavery like conditions and were often subject to inhuman, cruel and degrading treatment as well as to physical and sexual abuse”.
It asked the Holy See to conduct an internal investigation into the conduct of religious personnel working in the Magdalene laundries in Ireland as well as in all countries where this system was in place. Everyone responsible for offences should be reported to national judicial authorities for prosecution.
The Committee recommended that the Holy See establish “an independent mechanism (at a high level) for monitoring children’s rights, with clear mandates to receive and investigate children’s complaints”.
The mechanism should be accessible to all children in schools, services and institutions provided by the Catholic Church. It should implement children’s rights across all pontifical councils, episcopal conferences of bishops as well as individuals and institutions under the authority of the Holy See.
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