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Pope Francisco has signed a norm in which he is forced to denounce any allegation of badual abuse or power by a cleric, establishes the procedure to be followed in dioceses and requires speed in preliminary investigations.
The "motu proprio" or document of Francisco calls "Your estis lux mundi" (You are the light of the world). It was published Thursday and also asks all dioceses of the world to create, before June 2020, a system accessible to anyone wishing to file a complaint, as well as a comprehensive protection and badistance of whistleblowers.
This new law is one of the "concrete proposals" promised by the pope to eradicate the scourge of abuse in the heart of the Church, after the historical meeting on the theme held in February with the representatives of all the episcopal conferences.
As stated in Article 1, it will apply to all crimes in which "someone is forced, with violence, threat or abuse of authority, perform or undergo badual acts; commit badual acts with a minor or a vulnerable person; produce, display, possess or distribute, even electronically, badgraphic material for children ".
This also includes any cases of violence against religious women by religiousas well as the alleged harbadment of seminarians or novices. Similarly, crimes of concealment, "actions or omissions to obstruct or avoid civil investigations or canonical, administrative or criminal investigations".
The new law does not include new crimes or penaltiesbecause canonical norms already exist for this, stress the sources of the Vatican, but they establish the procedures to be followed. The main novelty is that the religious have "the obligation to inform a bishop or a religious superior" and that "does not interfere or alter any other obligation to inform than that of the civil authorities competent. "
Another important point is the protection of whistleblowers and victims that the new law establishes, they can not be subject to "prejudice, retaliation or discrimination", just as no one can impose the obligation of silence as to the content, so that they can talk to them with whom they want, including the press.
"Ecclesiastical authorities must pledge to those who claim to have been affectedwith their families, to be treated with dignity and respect, including offering them welcome, listening and follow-up, including through specific services; spiritual care and medical, therapeutic and psychological badistance, as the case may be, "states the text.
On the other hand, and something that the bishops of all countries had asked, establishes clear rules on the procedure to be followed in case of complaint. They must be immediately reported to the bishop or superior of the congregation or the order of the diocese where the events occurred, but they can also be communicated to other bishops.
If the designated person is a bishop or a cardinal, the report will be sent to the metropolitan bishop or the eldest. of the country and the dicastero, the corresponding ministry of the Holy See, will have to be informed urgently, as well as the secretary of state. Except that the "first report is manifestly unfounded", the metropolitan bishop will ask the competent dicastery to open the investigation.
In the case where the bishop considers that the report is "manifestly unfounded", he will have to communicate it to the Pontifical representative of the country in order to be able to communicate it to the Holy See. it will decide if it's really like that. Another point to note is that there is a time to handle complaints.
The dicastery informed of the complaint "will proceed without delay and, in any event, within thirty days of receiving the first report of the pontifical representative. "
In addition, from the beginning to the end of the preliminary inquiries in the diocese, they will not have to spend more than 90 daysalthough the duration may be increased for justified reasons. It will be counted for the investigation by a notary who will accompany the bishop and the bishop will be able to choose a team of lay experts.
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