An Indictment
The United Nations' Convention on the Rights of the Child (CRC), which came into force in 1990, establishes fundamental, child-specific needs and rights: it requires the state to act in the best interests of the child (rather than treating children as possessions or chattels), obliges the state to allow parents to exercise their parental responsibilities, acknowledges that children have the right to his or her own name and identity, to express their opinions, to have a relationship with both parents, even if they are separated, to be protected from abuse, and to have their privacy protected. It also forbids capital punishment for children. Since its introduction, the Convention has been ratified by 193 countries (that is, virtually all members of the United Nations, except Somalia, South Sudan and the United States), which means these nations are bound to the Convention by international law, and that their governments are required to report periodically to the United Nations Committee on the Rights of the Child. The Committee, in turn, submits written, though non-binding, views and concerns.
One such written view - an especially blunt and wide-ranging one - was issued yesterday, this one pertaining to a periodic report from one of the ratifiers of the Convention, the Holy See. The Committee began by noting that the Holy See's submission, received early in 2013, was delivered, regrettably, "with considerable delay" - that is, some 14 years after it was requested. Within the context of years of revelations of sexual abuse of children by Catholic priests, including most recently in Europe in 2010, the UN committee decided to spend most of 2013 not only reviewing the Holy See's report, but listening to its delegation. Yesterday, in their written assessment, they welcomed the "willingness expressed by the delegation...to change attitudes and practices", looking forward to the "adoption of prompt and firm measures for the concrete implementation of its commitments".
But the committee's conciliatory tone stopped there. The remaining 15 pages of their assessment of the Holy See's adherence to the Convention constitute an extraordinary, broad indictment. Thus, it urges the Holy See to, inter alia, abolish the discriminatory classification of children born out of wedlock as illegitimate, to refrain from using terminology that could challenge equality between girls and boys, to encourage, through legislation and policy, the recognition of a child's right to be heard in relevant legal proceedings, to assess the number of children born of Catholic priests and to ensure the rights of these children to be cared for by their fathers while refraining from confidentiality agreements when providing their mothers with financial support, to address the anonymous abandonment of babies by providing family planning, reproductive health and counseling to prevent unplanned pregnancies, to investigate internally the conduct of religious personnel working in the Magdalene laundries in Ireland and in all other countries where this system was in place to thereby ensure that those responsible be reported to respective judicial authorities for prosecution, to explicitly oppose all corporal punishment in child-rearing by amending Canon Law, to develop clear guidance and training on when and how to refer child abuse and neglect to investigative authorities, and to investigate all allegations of children being separated from their families through psychological manipulation by such Catholic institutions as the Legion of Christ, insisting all such activity cease. The Holy See should also review its position on abortion which places obvious risks on the life and health of pregnant girls, and should ensure that Canon Law recognizes the diversity of family settings.
However frank these and several more recommendations are, the most scathing commentary in the UN review is reserved for the matter of sexual exploitation and abuse of children committed by members of the Catholic churches which operate under the authority of the Holy See. The committee is "gravely" concerned, then again expresses its "deepest concern", noting that clerics "have been involved in the sexual abuse of tens of thousands of children worldwide", and "the Holy See has not acknowledged the extent of the crimes committed, has not taken the necessary measures to address cases of child sexual abuse and to protect children, and has adopted policies and practices which have led to the continuation of the abuse by and the impunity of the perpetrators". Even when addressed, such abuse has been dealt with as "grave delicts against the moral" through confidential proceedings and a code of silence that in most cases have allowed the guilty to "escape judicial proceedings".
Preliminary press reports suggest the Vatican is angry, even outraged and infuriated, that the UN would presume to weigh in on its doctrine and criticize its teachings. It has accused the committee, comprised of 18 experts including child welfare advocates and academics, of demonstrating an ideological bias, and of being unduly influenced by gay rights groups. Silvano Maria Tomasi, the Vatican's permanent observer at the United Nations in Geneva (where the CRC is located) said this: "Trying to ask the Holy See to change its teachings is not negotiable".
If such a defiant, defensive approach truly reflects the Vatican's underlying sentiment and strategy, then it is difficult to imagine the extent to which anything will change by September 2017, when the UN committee has invited the Holy See to submit an update.