CDF letter gives bishops May 2012 deadline for universal guidelines on sex abuse
The Congregation for the Doctrine of the Faith has asked every Bishops' Conference
in the world to prepare "Guidelines" by May 2012 for dealing with cases of sexual
abuse of minors by clergy, “in ways appropriate to specific situations in different
regions”.
In its "Circular Letter," the Congregation offers suggestions to
“facilitate the formulation” of the guidelines and “ensure consistency at the level
of the universal Church”, while respecting “the competence of bishops and Major religious
superiors”.
According to the letter, the Guidelines must include; priority
support for the victims, prevention programs, seminary formation and an ongoing formation
of clergy, cooperation with civil authorities and a careful and rigorous implementation
of the most recent canonical legislation in this field.
Presentation
of the Congregation for the Doctrine of the Faith’s Circular Letter to Bishops' Conferences
on guidelines for cases of sexual abuse of minors by clergy (Note of Fr. F. Lombardi)
In recent days, the Congregation for the Doctrine of the Faith
has sent to all Episcopal conferences a "Circular Letter to assist Episcopal Conferences
in developing Guidelines for dealing with cases of sexual abuse of minors perpetrated
by clerics."
The preparation of the document was announced in July, to mark
the publication of new rules for the implementation of the motu proprio " Sacramentorum
sanctitatis tutela " (see Note Fr. F. Lombardi, in OR, 16/07/2010, 1, and , Abuse
of minors. The Church’s reponse). H.E., Cardinal Levada, Prefect of the Congregation,
later informed of its preparation during the meeting of the Cardinals at the November
Consistory (see Press Release on the Afternoon Session, 11/19/2010). The document
is accompanied by a letter of presentation, signed by Cardinal Levada, illustrating
its nature and purpose.
Following the revision of norms on sexual abuse of
minors by members of the clergy, approved by the Pope last year, "it seems opportune
that each Episcopal Conference prepare Guidelines whose purpose will be to assist
the Bishops of the Conference to follow clear and coordinated procedures in dealing
with these instances of abuse. Such Guidelines would take into account the concrete
situation of the jurisdictions within the Episcopal Conference".
To this end,
the Circular Letter "contains general themes” for the consideration which naturally
must be adapted to national realities, but which will help to ensure a coordinated
approach by the various episcopates as well as - precisely thanks to the Guidelines
- within the Episcopal Conferences.
Regarding the drafting of new Guidelines
or the revision of existing ones, Cardinal Levada’s letter also gives two indications:
first, to involve the Major Superiors of clerical religious Institutes (to take into
account not only diocesan clergy, but also religious), and then to " send a copy of
the completed Guidelines to the Congregation by the end of May 2012"
In
conclusion, two concerns are clear: 1. The need to address the problem
promptly and effectively with clear, organic, indications that are suitable to local
situations and in relation to the norms and civil authorities. The indication of
a specific date and a relatively short period within which all Episcopal conferences
must develop Guidelines is clearly a very strong and eloquent statement. 2. Respect
for the fundamental competence of the diocesan bishops (and Major Superiors) in the
matter (the wording of the Circular is very keen to stress this aspect: the guidelines
are intended to "assist the diocesan bishops and Major Superiors").
The
Circular Letter itself is short but very dense, and is divided into three parts.
The
first part develops a set of general considerations, including in particular: Priority
attention to the victims of sexual abuse: listening to the victims and their families,
and a commitment to their spiritual and psychological assistance. The development
of prevention programs to create truly safe environments for children. The formation
of future priests and religious and exchange of information on candidates to the priesthood
or religious life who are transferred. Support for priests, their ongoing formation
and informing them of their responsibilities regarding the issue, how to support them
when they are accused, dealing with cases of abuse according to law, the rehabilitation
of the good reputation of those who have been unjustly accused. Cooperation with
civil authorities within their responsibilities. “Specifically, without prejudice
to the sacramental internal forum, the prescriptions of civil law regarding the reporting
of such crimes to the designated authority should always be followed". This cooperation
should be implemented not only in cases of abuse by clergy, but by any employee who
works in a Church structure.
The second part addresses applicable canonical
legislation in force today, after the revision of 2010. It refers to the
power of bishops and Major Superiors in preliminary investigation and, in the case
of a credible allegation, their obligation to refer the matter to the Congregation
for the Doctrine of the Faith, which offers guidance for the handling of the case.
It speaks about the precautionary measures to be imposed and information to be
given to the accused during the preliminary investigation. It refers to the canonical
measures and ecclesiastical penalties that can be applied to offenders, including
dismissal from the clerical state. Finally, it specifies the relationship between
canon law valid for the entire Church and any additional specific particular norms
that given Episcopal Conferences deem appropriate or necessary, and the procedure
to be followed in such cases.
The Third and final part lists a number
of useful observations in formulating concrete operational guidelines for bishops
and major superiors. Among other things, the need to offer assistance
to victims is stressed as well as the need to treat the complainant with respect and
ensure the privacy and reputation of the people involved: to take due account of the
civil laws of the country, including any obligation to notify the civil authorities,
to ensure the accused information on the allegation and an opportunity to respond,
and in any case a just and worthy support; to exclude the cleric's return to public
ministry, in case of danger to minors or of scandal to the community. Once again,
the primary responsibility of bishops and Major Superiors is reiterated, a responsibility
which can not be replaced by supervisory bodies, however useful or necessary they
may be in support of this responsibility. The Circular therefore represents a
very important new step in promoting awareness throughout the Church of the need and
urgency to effectively respond to the scourge of sexual abuse by members of the clergy.
Only in this way can we renew full credibility in the witness and educational mission
of the Church, and help create in society in general, safe educational environments
of which there is an urgent need.