Iustitia

Zero Tolerance

Varghese Koluthara — Mon, 05 Aug 2024 00:00:00 +0000

Dicastery for Legislative Texts

Editors — Mon, 05 Aug 2024 00:00:00 +0000

New Provisions of Canon Law on the Sexual Abuse of Minors and Vulnerable Adults: A Textual Study with a Pastoral Perspective

Biju Varghese Perumayan — Mon, 05 Aug 2024 00:00:00 +0000

The penal norms of both the Latin (CIC) and the Eastern (CCEO) Codes were revised recently by Pope Francis: CIC through the apostolic constitution Pascite gregem Dei on 1 June 2021, and CCEO through motu proprio Vocare peccatores on 20 March 2023. In the revised texts of the Codes, canons 1398 and 1362 §1, 2° of CIC, and canons 1453 §§5-7 and 1152 §2, 2° of CCEO deal with the delict of sexual abuse of minors and vulnerable adults. The first part of this paper is a textual study of the latest norms on the delict of sexual abuse of minors and vulnerable adults, the corresponding penalties, and the procedure to be followed in dealing with this crime. The second part of the paper presents three pastoral observations regarding the topic: a) the need for clarity about the concept of vulnerable adults, b) the peculiar nature of the relationship among the faithful, clerics, and the ecclesiastical judicial authority, and c) the challenges emerging from the parallel ecclesiastical and civil judicial procedures.

Policies for the Protection of Minors and the Vulnerable in the Institutions of the Church in India

Shaji Jerman — Mon, 05 Aug 2024 00:00:00 +0000

This article systematically studies the policies for the protection of minors and the vulnerable in the context of the Church in India. In the light of the teachings of Pope Francis, Dicastery for the Doctrine of Faith and CBCI, the study discusses the policies enacted by the Universal Church to deal with sexual abuse cases, which are applicable in the context of India; the policies enacted by the Catholic Bishops Conference of India (CBCI) to deal with sexual abuse cases in India, especially the cases in which clerics are involved; and the procedures to be followed when a sexual abuse case is reported to the Bishop or the Major Superior. Furthermore, various policies are presented in detail so that they may become a practical guide to follow the procedures of the Church in dealing with sexual abuse cases.

Balancing the Rights of the Victims and the Accused in Cases of Sexual Abuse of Minors and the Vulnerable by Clerics

Benny Sebastian Tharakunnel — Mon, 05 Aug 2024 00:00:00 +0000

Cases of sexual abuse of minors and vulnerable by clerics present a challenging dilemma for the penal system in the Church, as they involve the delicate balance of protecting the rights of the victim and ensuring due process for the accused. This article explores the complexities of this issue and examines various legal, ethical, and psychological considerations involved in achieving a fair and just resolution. By analyzing the rights of both parties, as well as relevant laws and precedents in the Church, it aims to provide a comprehensive understanding of the intricate balance required in addressing such sensitive cases.

Consolidation of Roman PRIMACY and the decline of synodality in the second millennium until the Second Vatican Council

Paul Pallath — Mon, 05 Aug 2024 00:00:00 +0000

In the socio-cultural, political and ecclesiastical context of the second millennium, the primacy of the Roman Pontiff developed into a full, supreme and absolute power of universal jurisdiction, culminating in the promulgation of the dogmas of primacy and infallibility at the First Vatican Council. Because of these developments, episcopal power of governance or jurisdiction came to be seen as a concession of the Roman Pontiff, and metropolitan and patriarchal authority as sharing in his supreme power. Synodality and conciliarity virtually disappeared in the West and decreased considerably in the East.

The Canonical Spectrum of the Paths of Synodality for a Church sui iuris in the Third Millennium

Varghese Palathingal — Mon, 05 Aug 2024 00:00:00 +0000

The objective of the Synodal process is to provide an opportunity for the entire people of God to discern together aiming at a Synodal mode of living. Communitarian metanoia, the convergence of attitudinal traits, the value of relationships, participatory bodies, sharing and participation in sacred things are the means to realize synodality in a cultural ethos. Synodality is reflected in all ecclesial spheres. As a contextual analysis, the yogam or assembly of Saint Thomas Christian Church is a forerunner of synodality.

Merlin Rengith Ambrose, Reform of the Roman Curia: The Salient Features of Praedicate Evangelium, Published by St. Pauls, Mumbai 2023

Francis Vinaixa — Mon, 05 Aug 2024 00:00:00 +0000