On May 25th, 1968, Venerable (soon to be canonized) Pope Paul VI spoke to those who took part in the Second International Congress of Canon Lawyers held in Rome under the direction of the Pontifical Commission for the Revision of the Code of Canon Law.
In his address, the Holy Father articulated what amounts to the essential role of law in the life of the Church.
The Holy Father stated that it is the Will of the Creator that law order, promote and defend the common good, while at the same time guaranteeing and protecting against arbitrary actions which would violate the autonomy of the individual human person.
The Pope further insisted that the goal of law is to assure that each human being can effectively and responsibly achieve the perfection of his personality.
Regarding human beings as Christians and members of the People of God, the Pope stated that law is not foreign to the mystery of salvation but embraces that mystery by concerning itself with justice and the innate dignity of the human person.
Consequently, the Pope stated, law is not merely a crucial element in the essential structure of the community of Faith, but it protects and safeguards the dignity of the Christian believer inasmuch as he or she is constituted by Baptism in the likeness of Christ Himself.
Events in the life of the Church convince me that Pope Francis (as did his predecessors) have forgotten these simple but critical truths which affect and promote the good of the Church itself.
Venerable Pope Paul VI rightfully taught that law is ordered to protect its subjects from all that is arbitrary or whimsical in the decisions and actions of those with the authority to govern.
Yet, when one considers the decisions and actions of the Holy See regarding the massive wound inflicted upon the Church by the scandal of Clerics having sexually abused minors entrusted to their care, it is clear that the application of the law and the administration of justice has been wholly forgotten or ignored.
In fact, the record shows that the response of the Holy See has been nothing short of arbitrary and whimsical in cases where justice to victims was obstructed or frustrated, where Cleric-offenders were laicized but the Bishops who perpetuated their abuse remained in office and unaccountable to the Church at-large as well as to their local dioceses.
Pope Francis' public denunciation of the horrors associated with the sexual abuse of minors notwithstanding, he has done little to insure that the administration of justice will be swift and impartial providing recourse for victims and punishment for offenders and their enablers.
A case in point.
When publicly embarrassed over his public and insensitive comments regarding accusations of sexual abuse of minors by a Chilean Bishop, Pope Francis called the entire Conference of Chile’s Bishops to Rome to admonish them for their behavior.
In response, the whole Conference of Bishops resigned.
To date, the Pope has only accepted the resignation of the Bishop-abuser and two other Bishop-enablers, both of whom are passed the age of 75 years when Bishops are expected by law to submit their resignations anyway.
Is this the way the law plays out in the Church? Is this justice, the ordering and protection of the common good of the community of Faith?
Why hasn’t Pope Francis (or his predecessors) called the entire Conference of Bishops of the United States (where almost a billion dollars in settlements have been paid) to Rome for similar admonishment and accountability?
Is this the protection against the arbitrary and whimsical which the law envisions?
Little wonder that victims and their families have sought justice from secular courts when their Church leadership failed to protect and heal their wounds.
Little wonder that, in their righteous anger, these same victims have sought to punish the Church both publicly and financially.
Pope Francis is about to canonize Pope Paul VI and declare infallibly that he is a Saint of God to be rightfully venerated and remembered by the faithful of present and future generations.
It would be well for Pope Francis, in preparing for that canonization ceremony, to study and heed the wise teaching of Pope Paul and insure that laws are instituted and administered which provide the long ignored and forgotten rights of so many innocent members who have been so horribly violated and mistreated.
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