Vatican representatives testify before U.N. committee looking at abuse
January 17, 2013 - Testifying before the United Nations Committee on the Rights of
the Child, a Vatican representative on Thursday acknowledged the horror of clerical
sexual abuse and insisted the Vatican was serious about protecting children. Archbishop
Silvano Tomasi, the Vatican observer to U.N. agencies in Geneva, said the church recognizes
abuse of children as both a crime and sin, and the Vatican has been promoting policies
that, "when properly applied, will help eliminate the occurrence of child sexual abuse
by clergy and other church personnel." The archbishop spoke in Geneva during the
committee's annual session to review reports from states that signed the U.N. Convention
on the Rights of the Child. The Holy See signed the treaty in 1990. "There is no
excuse for any form of violence or exploitation of children," the archbishop said.
"Such crimes can never be justified, whether committed in the home, in schools, in
community and sports programs, in religious organizations and structures." Archbishop
Tomasi told the committee that, in December, Pope Francis approved the establishment
of an international commission to promote child protection and prevent abuse. He said
Vatican City State recently updated its laws to define and set out penalties for specific
crimes against minors, including the sale of children, child prostitution, the military
recruitment of children, sexual violence against children and producing or possessing
child pornography. The Committee on the Rights of the Child broadcast the session
live on the Internet. In late November, the Vatican responded in writing to questions
from the committee about its last report on compliance with the treaty; much of the
Vatican response involved explaining the difference between the Vatican's direct legal
jurisdiction over Vatican City State and its moral and canonical influence over Catholics
around the world. "Priests are not functionaries of the Vatican," Archbishop Tomasi
told the committee. "They are citizens of their own state and fall under the jurisdiction
of that state." Jesuit Father Federico Lombardi, Vatican spokesman, said in a statement
Jan. 16 said that questions posed by the committee and others "seem to presuppose
that bishops and religious superiors act as representatives or delegates of the Pope,
something which is without foundation." Since responding in November, Archbishop Tomasi
told the committee, "a citizen of Vatican City State has been place under investigation
for alleged sexual crimes committed against children outside the territory of Vatican
City State." Asked by the committee about the case, Archbishop Tomasi declined to
give details because the investigation is still underway, but he said it would be
handled "with the severity it deserves." The archbishop was referring to Archbishop
Jozef Wesolowski, who the Vatican removed as nuncio to the Dominican Republic in August
after he was accused of paying for sex with boys in the Caribbean country. Father
Lombardi confirmed Jan. 11 that the former nuncio was being investigated canonically
by the Congregation for the Doctrine of the Faith and also was the subject of a criminal
investigation by Vatican City State legal authorities. The Geneva committee asked
Archbishop Tomasi whether Archbishop Wesolowski would be extradited, but Archbishop
Tomasi said that, as a diplomat, he would be tried at the Vatican, under Vatican civil
laws. Archbishop Tomasi acknowledged that "abusers are found among members of the
world's most respected professions, most regrettably, including members of the clergy
and other church personnel." Abuse by clergy, he said, is "particularly serious since
these persons are in positions of great trust, and they are called to levels of service
that are to promote and protect all elements of the human person, including physical,
emotional and spiritual health. This relationship of trust is critical and demands
a higher sense of responsibility and respect for the persons served." In the days
before the U.N. committee meeting, organizations representing victims of clerical
sex abuse and others continued to make public criticisms of the Vatican and to claim
that it had direct responsibility for handling or mishandling cases of abuse around
the globe. Archbishop Tomasi told Vatican Radio, "The criticisms are easy to make
and sometimes have a basis in reality; any crime is an evil, but when children are
involved it becomes even more serious." At the same time, he said, "the accusation
that the Holy See has blocked the carrying out of justice seems to be unfounded."
Auxiliary Bishop Charles Scicluna of Malta, the former sex abuse investigator
in the Congregation for the Doctrine of the Faith, also appeared before the U.N. committee
and answered questions, specifically about canon law and Vatican policy in dealing
with allegations of clerical sexual abuse. One of the committee members told him
and Archbishop Tomasi that Vatican procedures "aren't very transparent and the victims
don't take part" in the proceedings. The Holy See knows "there are things that need
to be done differently," Bishop Scicluna said, particularly to address concerns about
whether a local church has covered up cases of alleged abuse. "States need to take
action against the obstruction of justice," no matter who is involved, he said. "Only
the truth will help us move on." Religious orders and dioceses are required to investigate
allegations and inform the doctrinal congregation about suspected abuse, Bishop Scicluna
said, "but it does not substitute or override domestic laws" in force where these
people are, "where the sexual abuse of a minor is rightly seen as an egregious crime."
"Religious orders and dioceses have to follow domestic laws about disclosure," Bishop
Scicluna said, and this fact "needs to be pointed out and said very clearly." Bishop
Scicluna and Archbishop Tomasi were asked several times why the Vatican had not made
it obligatory for local bishops and religious superiors to report every case of suspected
abuse to civil authorities whether local law required reporting or not. Bishop Scicluna
said he believed a more effective strategy would be to educate all Catholics about
their rights and responsibilities concerning abuse. Committee members asked repeatedly
about the total number of accusations made against Catholic clergy around the world
and about the results of investigations on every level. Bishop Scicluna said the Vatican
has "no statistics on how cases developed. That does not mean it should be this way.
It is in the public interest to know the outcomes of the procedures" and know if a
priest or other church employee was "found guilty, found innocent or not proven guilty"
although there was enough evidence to be concerned about the person's interaction
with children. (Source: CNS)