Former Cardinal McCarrick Defrocked By Vatican Over Sex Abuse

In the Vatican yesterday, the Congregation for the Doctrine of the Faith issued a statement (full text) announcing that former Cardinal Theodore McCarrick has been "dismiss[ed] from the clerical state," i.e. defrocked.  McCarrick had already resigned from the College of Cardinals over allegations of past sexual misconduct. In laicizing McCarrick, the Congregation for the Doctrine of the Faith found him guilty of "solicitation in the Sacrament of Confession, and sins against the Sixth Commandment with minors and with adults, with the aggravating factor of the abuse of power." Vatican News reported on the action against McCarrick.  An analysis of the news Crux says in part:

The four dioceses in the U.S. in which McCarrick served over the course of his long career - New York; Metuchen, New Jersey; Newark; and Washington, D.C., are all conducting separate investigations, a result of the fact that a request by the leadership of the U.S. bishops’ conference for a Vatican-sponsored apostolic investigation was turned down by Francis.

Suit Against Vatican Seeks Release of Names of Sex Offenders

A lawsuit was filed this week in a California federal district court seeking an injunction to require the Vatican to release to the public and law enforcement authorities the names of perpetrators involved in more than 3,400 credible cases worldwide of sexual misconduct with children, as well as the names of those previously convicted.  The complaint (full text) in Vega v. Holy See, (CD CA, filed 10/3/2018), charges that the Vatican has created a public nuisance, saying in part:

Defendant Holy See has created and exposed the public to these unsafe conditions continuously and on an ongoing basis before and since the time that Plaintiff was sexually abused and has continued to expose the public to that unabated threat until the present day.

The complaint also charges private nuisance, violation of California's Business and Professions Code, as well as violation of customary international law of human rights. Washington Post reports on the lawsuit.

Vatican Reaches Provisional Agreement With China Over Recognition of Bishops

As reported by Crux, the Vatican yesterday announced that it has signed a provisional agreement with China that would resolve the long-standing conflict over the appointment of bishops.  Pope Francis will officially recognize eight bishops named by the Chinese government's Patriotic Association, but previously not recognized by the Vatican. A Vatican spokesman said:

The objective of the accord is not political but pastoral, allowing the faithful to have bishops who are in communion with Rome but at the same time recognized by Chinese authorities.

For nearly 70 years, Chinese Catholics have been split between an official church recognized by the Chinese government and an underground church loyal to the Vatican.

China Bans Tours To The Vatican

According to a report yesterday by UCA News, in China the State Tourism Bureau has sent a directive to travel agencies instructing them to end tours to the Vatican.  Travel agencies were instructed to remove the Vatican and St. Peter's Basilica from their list of tour destinations.  Any travel agency advertising those destinations will be subject to a fine equivalent to $45,430(US).  The directive apparently stems from the long simmering tensions between Beijing and the Holy See.

European Court of Justice Advocate's Opinion on Tax Exemption For Catholic Church

In Congregación de Escuelas Pías Provincia Betania v. Ayuntamiento de Getafe, (CJEU, Feb. 16, 2017), an Advocate General's opinion recommended that the Court of Justice of the European Union hold that a construction tax exemption for a school building to which the Catholic Church is entitled under a 1979 agreement between Spain and the Holy See does not violate the the ban on anti-competitive state aid set out in Art. 107(1) of the Treaty on the Functioning of the European Union. The opinion allows the exemption only where any commercial educational services are merely ancillary to non-profit offerings. The exemption is allowed if at least 90% of its services are educational offerings in the context of the Church's social, cultural and educational mission.  Law & Religion UK has more on the decision.

President Appoints Delegation To Canonization of Mother Theresa

President Obama yesterday announced the appointment of a delegation to represent the United States at the Canonization ceremony for Mother Teresa in the Vatican on September 4.  The delegation will be headed by Assistant to the President for Homeland Security and Counterterrorism, Lisa Monaco.  It also includes U.S. Ambassador to the Vatican Kenneth Hackett; National Security Council Executive Secretary Suzy George; CEO of Catholic Charities Sister Donna J. Markham; and CEO of Catholic Relief Services Dr. Carolyn Y. Woo.

Bernie Sanders Speaks To Vatican Conference

On Friday, Democratic presidential hopeful Bernie Sanders delivered an address in the Vatican to a conference of the Pontifical Academy of Social Sciences marking the 25th anniversary of Centesimus Annus, Pope John Paul II's encyclical on social and economic justice. RNS has the full text of Sanders' speech. Sanders said in part:

Pope Francis has called on the world to say: “No to a financial system that rules rather than serves” in Evangeli Gaudium. And he called upon financial executives and political leaders to pursue financial reform that is informed by ethical considerations. He stated plainly and powerfully that the role of wealth and resources in a moral economy must be that of servant, not master.

The widening gaps between the rich and poor, the desperation of the marginalized, the power of corporations over politics, is not a phenomenon of the United States alone. The excesses of the unregulated global economy have caused even more damage in the developing countries. They suffer not only from the boom-bust cycles on Wall Street, but from a world economy that puts profits over pollution, oil companies over climate safety, and arms trade over peace.... The issue of wealth and income inequality is the great economic issue of our time, the great political issue of our time, and the great moral issue of our time....

(See prior related posting.)

Vatican Sends Mixed Messages On Protection of Abuse Victims

Vatican Radio reports that the Pontifical Commission for the Protection of Minors released a communique on Feb. 8 at the end of its week-long Plenary Session. The document details existing and planned initiatives to educate clergy and others on the protection of minors.  However, The Guardian reported in a Feb. 10 article that a training course that is offered for newly appointed bishops sends a different message. Guidelines written by controversial French monsignor and psychotherapist, Tony Anatrella, a consultant to the Pontifical Council for the Family, that were released earlier this month by the Vatican for comment are part of the training program.  They tell new bishops that it is up to victims and their families whether to report abuse to police, adding:

According to the state of civil laws of each country where reporting is obligatory, it is not necessarily the duty of the bishop to report suspects to authorities, the police or state prosecutors in the moment when they are made aware of crimes or sinful deeds.

[Thanks to Scott Mange for the lead.] 

Victim Advocate Is Asked To Take Leave From Pontifical Commission on Protection of Minors

Crux reported Saturday that in the Vatican, British sexual abuse survivor Peter Saunders has been asked by other members of the Pontifical Commission for the Protection of Minors to take a leave of absence from the Commission.  Saunders, appointed to the Commission by Pope Francis last year, has become increasingly critical of the Pope. A Vatican official described the situation, saying that Saunders-- who founded Britain's National Association for People Abused in Childhood-- "has to decide if he's an advocate and campaigner [for survivors] instead of being an adviser." Cardinal Sean O'Malley, head of the Pontifical Commission says he has asked Saunders for advice on a possible victim survivor panel to work with the Commission.

Pope Approves New Tribunal For Charges Against Bishops In Sex Abuse Cases

Vatican Radio yesterday reported that Pope Francis has approved a recommendation by the Pontifical Commission for the Protection of Minors for creation a new Vatican tribunal to hear cases of bishops who fail to protect children from sexually abusive priests. The tribunal will be set up as a judicial section within the Congregation for the Doctrine of the Faith.

Bilateral Commission of Holy See and State of Palestine Draft Comprehensive Agreement

In 2000, the Vatican reached a preliminary agreement (full text) with the Palestinian Liberation Organization on freedom of religion and the status of Christian holy places.  Yesterday the Bilateral Commission of the Holy See and the State of Palestine issued a joint statement (full text) saying that the text of a Comprehensive Agreement has now been concluded and it will be submitted to the respective authorities for approval before a date for signing in the near future is set.  While the general news media are emphasizing that the agreement's references to the "state of Palestine" are seen as lending weight to Palestinian efforts for recognition as a sovereign nation (New York Times),  different emphasis was displayed in coverage by Catholic News Agency which says that the Vatican has been referring to the "State of Palestine" at least since January 2013.  CNA sets out more detailed information on the substance of the Comprehensive Agreement:

The Vatican-Palestinian agreement recognizes freedom of religion in Palestine, and outlines the rights and obligations of the Church, its agencies, and its personnel in the territory....

The treaty, Msgr. Camilleri [leader of the Vatican delegation to the bilateral commission] said, “backs a resolution of the Palestinian issue and of the conflict between Israelis and Palestinians within the Two-State Solution and the resolution of the international community.”

But the bulk of the agreement regards freedom of religion and conscience, as well as the Church's freedom of action, its staff and jurisdiction, legal status, places of worship, social and charitable activity, and use of communications media.

Msgr. Camilleri added that a final chapter of the agreement regards issues of a fiscal and proprietary nature.

Vatican Delays Approval of France's Gay Nominee As Ambassador

Reuters reported yesterday that the Vatican has still not approved the Jan. 5 nomination of Laurent Stefanini as France's new ambassador to the Holy See. Stefanini who once served as the number two person in France's Vatican Embassy has more recently been President Francois Hollande’s head of protocol.  According to Reuters:

French Catholic daily La Croix cited an unnamed source as saying the Vatican considered it “provocation” that France’s Socialist government, which in 2013 passed a law permitting gay marriages, had proposed a homosexual for the post.

Vatican Calls On Muslims and Others To Condemn ISIS

Vatican Radio reports that the Pontifical Council for Interreligious Dialogue yesterday issued a statement strongly condemning the atrocities comitted in Iraq by ISIS. The full text of the statement is included in the Vatican Radio report. It reads in part:

The whole world has witnessed with incredulity what is now called the "Restoration of the Caliphate," which had been abolished on October 29,1923 by Kamal Ataturk, founder of modern Turkey. Opposition to this "restoration" by the majority of religious institutions and Muslim politicians has not prevented the "Islamic State" jihadists from committing and continuing to commit unspeakable criminal acts....

The dramatic plight of Christians, Yezidis and other religious communities and ethnic minorities in Iraq requires a clear and courageous stance on the part of religious leaders, especially Muslims, as well as those engaged in interreligious dialogue and all people of good will. All must be unanimous in condemning unequivocally these crimes and in denouncing the use of religion to justify them. If not, what credibility will religions, their followers and their leaders have? 

Former Vatican Diplomat Defrocked On Sex Abuse Charges; Criminal Trial Will Follow

Vatican Information Service reported on Friday:

The first stage in the canonical trial against the former apostolic nuncio in the Dominican Republic, Josef Wesolowski, has been concluded with the laicisation of the prelate.

According to Al Jazeera, in August the Vatican recalled Wesolowski from his position in the Dominican Republic after rumors that he had sexually abused teenage boys there. Dominican authorities were unable to charge him because he had diplomatic immunity. Weslowski has two months to appeal Friday's decision by the Congregation of the Doctrine of the Faith.  After that, he will face criminal charges in a Vatican City State Tribunal. In the meantime, the Vatican says that it will limit his freedom of movement "in conformity with the gravity of the case."

AT U.N. Review of Anti-Torture Treaty Compliance, Holy See Says Its Ratification Applied Only To Vatican City State

The United Nations Committee Against Torture met today and will meet again tomorrow (UN press release) to review the Vatican's compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  Every country that has signed the Convention must undergo a periodic review of its compliance record before the Committee.  The hearing is being watched closely on the issue of whether clergy sexual abuse around the world violated the Convention. The Holy See's initial report to the Committee and submissions from civil society organizations are all available from the UN's website. The full text of the presentation to the Committee today by Archbishop Silvano Tomasi is reported by Vatican Radio. As reported by AP, the Holy See contends that its obligations under the treaty only extend to the territory of the Vatican City State, and do not apply more broadly to the Holy See which governs the Catholic Church around the world. At issue is the language in the Declaration made by the Holy See when it became a party to the Convention:

The Holy See, in becoming a party to the Convention on behalf of the Vatican City State, undertakes to apply it insofar as it is compatible, in practice, with the peculiar nature of that State.

Pope's New Commission On Protecting Minors Concludes First Meetings

Pope Francis' new Pontifical Commission for the Protection of Minors held its first meeting in the Vatican from May 1-3.  Vatican Radio sets out the full text of the statement issued on behalf of the Commission at the end of the meeting.  It reads in part:

Our conversations included many proposals for ways in which the Commission might collaborate with experts from different areas related to safeguarding children and vulnerable adults.... 

We will propose Statutes to the Holy Father to express more precisely the Commission’s nature, structure, activity, and the goals.... [T]he Commission will not deal with individual cases of abuse, but we can make recommendations regarding policies for assuring accountability and best practice.... [W]e plan to make specific proposals regarding the importance of emphasizing ways for raising the awareness of all people regarding the tragic consequences of sexual abuse and of the devastating consequences of not listening, not reporting suspicion of abuse, and failing to support victims/survivors and their families.

U.S. Delegation To Canonization Mass Named

Last Friday the White House announced the makeup of the Presidential Delegation to the Holy See which will attend the Canonization Mass of Pope John XXIII and Pope John Paul II on April 27, 2014.  The delegation will be led by Presidential Counselor John Podesta. Other members of the delegation are Rep. Xavier Becerra, Chairman of the House Democratic Caucus; and Katie Beirne Fallon, Assistant to the President and Director of Legislative Affairs.

U.N. Committee Report Critical of Vatican on Protection of Children

On January 31, the United Nations Committee on the Rights of the Child finished its 65th Session after adopting its concluding observations and recommendations on six nations, including the Holy See. (Press release.) As reported yesterday by CNN, the Committee's Concluding Observations on the Second Periodic Report of the Holy See (full text) harshly criticized the Vatican's handling of child sexual abuse within the Church. The 16-page report says in part:

The Committee is particularly concerned that in dealing with allegations of child sexual abuse, the Holy See has consistently placed the preservation of the reputation of the Church and the protection of the perpetrators above children’s best interests, as observed by several national commissions of inquiry....

The Committee is concerned about the situation of children born of Catholic priests, who, in many cases, are not aware of the identity of their fathers. The Committee is also concerned that the mothers may obtain a plan for regular payment from the Church until the child is financially independent only if they sign a confidentiality agreement not to disclose any information....

The Committee is particularly concerned that: ... Due to a code of silence imposed on all members of the clergy under penalty of excommunication, cases of child sexual abuse have hardly ever been reported to the law enforcement authorities....; Reporting to national law enforcement authorities has never been made compulsory..... Church authorities, including at the highest levels of the Holy See have shown reluctance and in some instances, refused to cooperate with judicial authorities and national commissions of inquiry.... Limited efforts have been made to empower children enrolled in Catholic schools and institutions to protect themselves from sexual abuse.

(See prior related posting.)  A Vatican Radio interview with Archbishop Silvano Tomasi, Permanent Observer of the Holy See to the United Nations in Geneva, and a statement from the Vatican react to the report. Both of these reactions include expressions of concern apparently directed to the U.N. report's call for the Vatican to review its position on abortion and identify circumstances under which it can be permitted.

Vatican Reports To U.N. Committee on Priest Abuse; Releases New Data On Priests Defrocked

On Thursday, Archbishop Silvano Tomasi, the Vatican's Permanent Observer to the United Nations in Geneva, made a presentation (full text) to the U.N. Committee on the Convention of the Rights of the Child. AP reports:

the Holy See was interrogated for eight hours about the scale of [clergy sex] abuse and what it was doing to prevent it.

Vatican Radio, on Thursday interviewed  Bishop Charles Scicluna about the U.N. hearing. Scicluna described the hearing as "grueling," but said:

I think that we put out in a very clear, coherent way to the international community that the Holy See “gets it”....

Meanwhile, AP reported yesterday that in an annual report just released, the Vatican says that Pope Benedict XVI defrocked 260 priests in 2011 and 124 in 2012 in the Church's reaction to clergy sex abuse. Responding yesterday to the newly disclosed numbers, SNAP (Survivors Network of Those Abused by Priests) issued a press release criticizing the Vatican, saying: "The Vatican's focus should be on prevention, not on damage control on the tail end after a priest, nun, seminarian, brother or bishop has already assaulted dozens of boys or girls."Abuse

Vatican Says Its Former Nuncio to Dominican Republic Has Diplomatic Immunity and Is Not Extraditable On Sex Abuse Charges

The Vatican says that Polish Catholic Archbishop Josef Wesolowski who is being investigated on sex abuse charges by authorities in both the Dominican Republic and Poland has full diplomatic immunity.  AP reports today that Wesolowski, who served as Apostolic Nuncio (Ambassador) to the Dominican Republic from 2008 until 2013, was recalled to the Vatican and relieved of his position in August after Pope Francis was informed of rumors that Wesolowski sexually abused teenage boys in the Dominican Republic. Polish prosecutors recently inquired of the Vatican about Wesolowski's legal status as part of the investigation that they are also conducting, and were told that, in addition to diplomatic immunity, Wesolowski is a citizen of the Vatican City state and that the Vatican does not extradite its citizens. The Vatican says it is cooperating with Poland and the Dominican Republic in their investigations, and that two separate Vatican tribunals are investigating Wesolowski for both canonical and criminal violations.