HUMANIST CULTURAL SYNTHESIS OPEN TO TRANSCENDANCE

VATICAN CITY, 16 MAY 2011 (VIS) - At midday today, Benedict XVI received the participants in the World Conference promoted by the Pontifical Council "Justice and Peace" on the 50th anniversary of Blessed John XXIII's Encyclical "Mater at magistra".

  In his discourse, the Pope stressed that "truth, love, justice, indicated by Mater et magistra, along with the principal of the universal destination of goods, as fundamental criteria for overcoming social and cultural imbalances, remain the pillars for interpreting and resolving the imbalances caused by today's globalisation. In the face of such imbalances there is a need to re-establish a 'whole reason' able to give rise to a rebirth of thought and ethics. ... It is necessary to develop 'humanistic cultural syntheses' open to transcendence through a 'new evangelisation'".

  "The various examples of imbalance worldwide, characteristic of this age, feed other ills such as disparity, differences in wealth, inequality, which create problems in terms of justice and the equitable distribution of resources and opportunities, especially in relation to the world's poorest".

  The Pope remarked that "no less worrying are the phenomena linked to the financial system which, after the most acute phase of the recent crisis, has returned to the frenzied issue of credit contracts which frequently give rise to limitless speculation... similarly, the increase in price of primary energy resources... have negative consequences on the environment as well as on humans".

  "The current social question", he added, "is without doubt that of world social justice... the equitable distribution of material and non-material resources, and the globalisation of substantial, social and participatory democracy". This justice, he continued, "cannot be achieved solely on the basis of mere social consensus, without recognising that this, in order to be long-lasting, must be rooted in universal human good".

  Referring to the media for the diffusion of the Social Doctrine of the Church, the Pope remarked that the Church is important "also in the activities of its cultural associations, its programs of religious instruction and social catechesis in the parishes, in the mass media and the work of announcement and testimony on the part of lay persons, who must be spiritually, professionally and ethically prepared".

  The Holy Father concluded by recalling that "there exist important institutions at the service of the new evangelisation, such as voluntary associations, Christian or Christian-inspired non-governmental organisations, the Commission "Justice and Peace", the offices for social and work problems and the Centres and Institutes for Social Doctrine".
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CIRCULAR LETTER: GUIDELINES IN CASES OF SEXUAL ABUSE

VATICAN CITY, 16 MAY 2011 (VIS) - The Congregation for the Doctrine of the Faith today published a circular letter intended to assist Episcopal Conferences in developing Guidelines for dealing with cases of sexual abuse of minors by clerics.

  "Among the important responsibilities of the Diocesan Bishop in his task of assuring the common good of the faithful and, especially, the protection of children and of the young, is the duty he has to give an appropriate response to the cases of sexual abuse of minors by clerics in his diocese. Such a response entails the development of procedures suitable for assisting the victims of such abuse, and also for educating the ecclesial community concerning the protection of minors. A response will also make provision for the implementation of the appropriate canon law, and, at the same time, allow for the requirements of civil law.

I.  General considerations:

a)  The victims of sexual abuse

  The Church, in the person of the Bishop or his delegate, should be prepared to listen to the victims and their families, and to be committed to their spiritual and psychological assistance. In the course of his Apostolic trips our Holy Father, Benedict XVI, has given an eminent model of this with his availability to meet with and listen to the victims of sexual abuse. In these encounters the Holy Father has focused his attention on the victims with words of compassion and support, as we read in his 'Pastoral Letter to the Catholics of Ireland' (n.6): 'You have suffered grievously and I am truly sorry. I know that nothing can undo the wrong you have endured. Your trust has been betrayed and your dignity has been violated'.

b)  The protection of minors

  In some countries programs of education and prevention have been begun within the Church in order to ensure 'safe environments' for minors.  Such programs seek to help parents as well as those engaged in pastoral work and schools to recognize the signs of abuse and to take appropriate measures. These programs have often been seen as models in the commitment to eliminate cases of sexual abuse of minors in society today.

c)  The formation of future priests and religious

  In 2002, Pope John Paul II stated, 'there is no place in the priesthood and religious life for those who would harm the young' (n. 3, 'Address to the American Cardinals', 23 April 2002). These words call to mind the specific responsibility of Bishops and Major Superiors and all those responsible for the formation of future priests and religious. The directions given in the Apostolic Exhortation Pastores Dabo Vobis as well as the instructions of the competent Dicasteries of the Holy See take on an even greater importance in assuring a proper discernment of vocations as well as a healthy human and spiritual formation of candidates. In particular, candidates should be formed in an appreciation of chastity and celibacy, and the responsibility of the cleric for spiritual fatherhood. Formation should also assure that the candidates have an appreciation of the Church's discipline in these matters. More specific directions can be integrated into the formation programs of seminaries and houses of formation through the respective Ratio institutionis sacerdotalis of each nation, Institute of Consecrated Life and Society of Apostolic Life.

  Particular attention, moreover, is to be given to the necessary exchange of information in regard to those candidates to priesthood or religious life who transfer from one seminary to another, between different dioceses, or between religious Institutes and dioceses.

d)  Support of Priests

1. The bishop has the duty to treat all his priests as father and brother. With special attention, moreover, the bishop should care for the continuing formation of the clergy, especially in the first years after Ordination, promoting the importance of prayer and the mutual support of priestly fraternity. Priests are to be well informed of the damage done to victims of clerical sexual abuse. They should also be aware of their own responsibilities in this regard in both canon and civil law. They should as well be helped to recognize the potential signs of abuse perpetrated by anyone in relation to minors;

2. In dealing with cases of abuse which have been denounced to them the bishops are to follow as thoroughly as possible the discipline of canon and civil law, with respect for the rights of all parties;

3. The accused cleric is presumed innocent until the contrary is proven. Nonetheless the bishop is always able to limit the exercise of the cleric's ministry until the accusations are clarified. If the case so warrants, whatever measures can be taken to rehabilitate the good name of a cleric wrongly accused should be done.

e)  Cooperation with Civil Authority

  Sexual abuse of minors is not just a canonical delict but also a crime prosecuted by civil law. Although relations with civil authority will differ in various countries, nevertheless it is important to cooperate with such authority 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 collaboration, moreover, not only concerns cases of abuse committed by clerics, but also those cases which involve religious or lay persons who function in ecclesiastical structures.

II.  A brief summary of the applicable canonical legislation concerning the delict of sexual abuse of minors perpetrated by a cleric:

  On 30 April 2001, Pope John Paul II promulgated the Motu Proprio Sacramentorum sanctitatis tutela [SST], by which sexual abuse of a minor under 18 years of age committed by a cleric was included in the list of more grave crimes (delicta graviora) reserved to the Congregation for the Doctrine of the Faith (CDF). Prescription for this delict was fixed at 10 years beginning at the completion of the 18th year of the victim. The norm of the Motu Proprio applied both to Latin and Eastern clerics, as well as for diocesan and religious clergy.

  In 2003, Cardinal Ratzinger, then Prefect of the CDF, obtained from Pope John Paul II the concession of some special faculties in order to provide greater flexibility in conducting penal processes for these more grave delicts. These measures included the use of the administrative penal process, and, in more serious cases, a request for dismissal from the clerical state ex officio. These faculties have now been incorporated in the revision of the Motu Proprio approved by the Holy Father, Benedict XVI, on 21 May 2010. In the new norms prescription, in the case of abuse of minors, is set for 20 years calculated from the completion of the 18th year of age of the victim. In individual cases, the CDF is able to derogate from prescription when indicated. The canonical delict of acquisition, possession or distribution of pedopornography is also specified in this revised Motu Proprio.

  The responsibility for dealing with cases of sexual abuse of minors belongs, in the first place, to Bishops or Major Superiors. If an accusation seems true the Bishop or Major Superior, or a delegate, ought to carry out the preliminary investigation in accord with CIC can. 1717, CCEO can. 1468, and SST art. 16.

  If the accusation is considered credible, it is required that the case be referred to the CDF. Once the case is studied the CDF will indicate the further steps to be taken. At the same time, the CDF will offer direction to assure that appropriate measures are taken which both guarantee a just process for the accused priest, respecting his fundamental right of defence, and care for the good of the Church, including the good of victims. In this regard, it should be noted that normally the imposition of a permanent penalty, such as dismissal from the clerical state, requires a penal judicial process. In accord with canon law (cf. CIC can. 1342) the Ordinary is not able to decree permanent penalties by extrajudicial decree. The matter must be referred to the CDF which will make the definitive judgement on the guilt of the cleric and his unsuitability for ministry, as well as the consequent imposition of a perpetual penalty (SST art. 21, '2).

The canonical measures applied in dealing with a cleric found guilty of sexual abuse of a minor are generally of two kinds: 1) measures which completely restrict public ministry or at least exclude the cleric from any contact with minors. These measures can be reinforced with a penal precept; 2) ecclesiastical penalties, among which the most grave is the dismissal from the clerical state.

  In some cases, at the request of the cleric himself, a dispensation from the obligations of the clerical state, including celibacy, can be given pro bono Ecclesiae.

  The preliminary investigation, as well as the entire process, ought to be carried out with due respect for the privacy of the persons involved and due attention to their reputations.

  Unless there are serious contrary indications, before a case is referred to the CDF, the accused cleric should be informed of the accusation which has been made, and given the opportunity to respond to it. The prudence of the bishop will determine what information will be communicated to the accused in the course of the preliminary investigation.

  It remains the duty of the Bishop or the Major Superior to provide for the common good by determining what precautionary measures of CIC can. 1722 and CCEO can. 1473 should be imposed. In accord with SST art. 19, this can be done once the preliminary investigation has been initiated.

  Finally, it should be noted that, saving the approval of the Holy See, when a Conference of Bishops intends to give specific norms, such provisions must be understood as a complement to universal law and not replacing it. The particular provisions must therefore be in harmony with the CIC / CCEO as well as with the Motu Proprio Sacramentorum sanctitatis tutela (30 April 2001) as updated on 21 May 2010. In the event that a Conference would decide to establish binding norms it will be necessary to request the recognitio from the competent Dicasteries of the Roman Curia.

III.  Suggestions for Ordinaries on Procedures:

  The Guidelines prepared by the Episcopal Conference ought to provide guidance to Diocesan Bishops and Major Superiors in case they are informed of allegations of sexual abuse of minors by clerics present in the territory of their jurisdiction. Such Guidelines, moreover, should take account of the following observations:

a.)  the notion of 'sexual abuse of minors' should concur with the definition of article 6 of the Motu Proprio SST ('the delict against the sixth commandment of the Decalogue committed by a cleric with a minor below the age of eighteen years'), as well as with the interpretation and jurisprudence of the Congregation for the Doctrine of the Faith, while taking into account the civil law of the respective country;

b.)  the person who reports the delict ought to be treated with respect. In the cases where sexual abuse is connected with another delict against the dignity of the sacrament of Penance (SST art. 4), the one reporting has the right to request that his or her name not be made known to the priest denounced (SST art. 24);

c.)  ecclesiastical authority should commit itself to offering spiritual and psychological assistance to the victims;

d.)  investigation of accusations is to be done with due respect for the principle of privacy and the good name of the persons involved;

e.)  unless there are serious contrary indications, even in the course of the preliminary investigation, the accused cleric should be informed of the accusation, and given the opportunity to respond to it.

f.)  consultative bodies of review and discernment concerning individual cases, foreseen in some places, cannot substitute for the discernment and potestas regiminis of individual bishops;

g.)  the Guidelines are to make allowance for the legislation of the country where the Conference is located, in particular regarding what pertains to the obligation of notifying civil authorities;

h.)  during the course of the disciplinary or penal process the accused cleric should always be afforded a just and fit sustenance;

i.)  the return of a cleric to public ministry is excluded if such ministry is a danger for minors or a cause of scandal for the community.

Conclusion

The Guidelines developed by Episcopal Conferences seek to protect minors and to help victims in finding assistance and reconciliation. They will also indicate that the responsibility for dealing with the delicts of sexual abuse of minors by clerics belongs in the first place to the Diocesan Bishop. Finally, the Guidelines will lead to a common orientation within each Episcopal Conference helping to better harmonize the resources of single Bishops in safeguarding minors."

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NOTE ON THE CIRCULAR LETTER FROM THE CDF

VATICAN CITY, 16 MAY 2011 (VIS) - Below is the note from the director of the Holy See Press Office, Fr. Federico Lombardi S.J., regarding the Circular Letter from the Congregation for the Doctrine of the Faith to the Episcopal Conferences on the Guidelines for dealing with cases of sexual abuse of minors by clerics:

  "The Congregation for the Doctrine of the Faith has asked every Bishops' Conferences in the world to prepare 'Guidelines' for dealing with cases of sexual abuse of minors by clergy, in ways appropriate to specific situations in different regions, by May 2012.

  In its 'Circular Letter', the Congregation has offered a broad set of principles and indications, which will not only facilitate the formulation of the guidelines and therefore a uniformity of conduct of ecclesiastical authorities in various nations, but will also ensure consistency at the level of the universal Church, while respecting the competence of bishops and religious superiors.

  Priority is given to victims, prevention programs, seminary formation and an ongoing formation of clergy, cooperation with civil authorities, the careful and rigorous implementation of the most canonical recent legislation in the area are the principal considerations that must structure the Guidelines in every corner of the world.

    * * *

  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, at the time of 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 www.vatican.va, Abuse of minors. The Church's response).

  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 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."
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AUDIENCES

VATICAN CITY, 16 MAY 2011 (VIS) - On Saturday the Holy Father received in separate audiences:

 - Five prelates from the Conference of Catholic Bishops of India on their "ad limina" visit:

    - Bishop Salvadore Lobo, of Baruipur.

    - Bishop Stephen Lepcha, of Darjeeling.

    - Bishop Clement Tirkey, of Jalpaiguri.

    - Bishop Joseph Suren Gomes, S.D.B., of Krishnagar.

    - Bishop Alphonsus Flavian D'Souza, S.J., of Raiganj.

  Today, the Holy Father received in audience Cardinal Angelo Bagnasco, archbishop of Genoa (Italy), president of the Italian Episcopal Conference.
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UNITING THEOLOGY OF BODY WITH THEOLOGY OF LOVE

VATICAN CITY, 13 MAY 2011 (VIS) - At noon today the Pope received participants in a meeting sponsored by the Pontifical John Paul II Institute for Studies on Marriage and Family.

  At the beginning of the address the Holy Father recalled that 30 years ago the newly Blessed John Paul II founded that Institute and the Pontifical Council for the Family and that it was precisely on 13 May thirty years ago that he "suffered the terrible assassination attempt in St. Peter's Square".

  Benedict XVI noted a few points of reflection to the members of the institute for "uniting the theology of the body with the theology of love in order to find the unity of the path of humankind".

  While emphasizing that "the body is the place where the spirit can dwell", the pontiff noted that "in light of this we can understand that our bodies are not inert, heavy material but, if we know how to listen, they speak the language of true love".

  "The body", he explained, "speaks to us of an origin that we haven't granted ourselves. ... It is only when recognizing the original love that has given them life that human beings can accept themselves, only then can they be reconciled with nature and with the world".

  Referring to the creation of our first forebears, the Pope asserted that " before the Fall, Adam and Eve's bodies appear in perfect harmony. They have a language that they didn't create, an eros rooted in nature that invites them to receive one another mutually from the Creator so that they might thus be able to give themselves. ... The union in one flesh thus becomes a union of all of life, so that man and woman might become one spirit. ... In this sense", he continued, "the virtue of chastity takes on a new meaning. It is not a "no" to life's pleasures and joys but a great "yes" to love as the profound communication between persons, which requires time and respect, as a path together toward fullness and as love that becomes capable of generating life and generously welcoming the new life that is born".

  The Holy Father said that "the body also contains a negative language. It speaks to us of the oppression of the other, of the desire to possess and exploit. Nevertheless, we know that this language does not pertain to God's original plan, but is the fruit of sin. When separated from its filial meaning, from its connection with the Creator, the body rebels against humans, and loses its capacity to show communion, becoming a place where the other is appropriated. Isn't this", he asked, " the drama of sexuality that today remains locked in the vicious circle of one's own body and emotion, but which in reality can only be fulfilled in the call to something greater?".

  "God offers humans a path of redemption to the body, whose language is preserved in the family ... where the theology of the body and the theology of love are intertwined. Here the gift of self in one single flesh is lived in the conjugal love that unites spouses. Here the fruitfulness of love is experienced and life is joined with that of other generations. In the family, humans discover their relationality, not as autonomous individuals who are self-made but as child, spouse, and parent whose identity is based on being called to love, to receiving another's self and to giving oneself to others".

  Benedict XVI concluded, recalling that "God takes on the body and revealed himself in it. ... As the Son, he received the filial body in gratitude, listening to the Father, and he offered his body for us, so that the new body of the Church might be generated".
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