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The dad Francisco has signed a rule in which is required to report any allegation of badual abuse or power on the part of a religious, establishes the procedure to be followed in the dioceses requires speed in preliminary investigations.
The "motu proprio"or the Francisco document called"You are lux mundi"(You are the light of the world) and published this Thursday too Calls on all dioceses in the world to create by June 2020 a system accessible to anyone wishing to lodge a complaintas well as full protection and badistance to whistleblowers.
This new law is one of the "concrete proposals" promised by the pope to eradicate the scourge of abuse in the Church, after the historic meeting on the theme held in February with the representatives of all episcopal conferences. .
And it will apply, as stated in Article 1, to all crimes in which "a person is coerced, violently, threatened or abused with authority, to commit or to undergo badual acts , to perform badual acts with a minor or a vulnerable person, to produce, display, possess or distribute, even electronically, badgraphic material for children ".
It also includes any case of violence against nuns by religious, as well as the alleged harbadment of seminarians or novices.
As well as the crimes of concealment, "actions or omissions to hinder or avoid civil investigations or canonical, administrative or criminal investigations".
Religious have "the obligation to inform a bishop or a superior"
The new law does not include new crimes or new sentences, as canonical norms already exist, say Vatican sources, but set out the procedures to be followed.
The main novelty is that religious have "the obligation to inform a bishop or a religious superior" and this does not interfere with or change any information obligation other than that to the competent civil authorities. "
Another relevant point is the protection of whistleblowers and victims who, establishes the new law, they can not be subject to "prejudice, retaliation or discrimination"just as no one can impose the obligation of silence with regard to content, just as they can talk to whomever they want, including the press.
In addition, "ecclesiastical authorities must commit to those who claim to have been affected, as well as their families, so that they are treated with dignity and respect, and must offer them including the home , listening and monitoring, including through specific services, spiritual care and medical, therapeutic and psychological badistance, as appropriate. "
Clear rules on the procedure to follow
On the other hand, and something that the bishops of all countries had asked, establishes clear rules on the procedure to be followed in the event of denunciation.
The denunciations must be immediately reported to the bishop or superior of the congregation or order of the diocese where the events occurred, but they may also be communicated to other bishops.
If the person indicated is a bishop or a cardinal, the report will be sent either to the metropolitan bishop or to the oldest 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.
And in case the bishop considers that the report is "manifestly unfounded", he will have to communicate it to the pontifical representative in the country, so that he can inform the Holy See that he will decide his / her It is really so.
"Proceed without delay" before a complaint
Another important point 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 days, although 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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