Like a loving mother

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Like a loving mother ( Italian "Come una madre amirevole") is an apostolic letter from Pope Francis named after his first words , which he published on June 4, 2016 in the form of a motu proprio . With this order, he regulates the removal of bishops , eparches and religious superiors who cover up, keep silent about sexual abuse in the Roman Catholic Church or do not react appropriately to it.

shape

In terms of form , the arrangement consists of an introduction, five articles and a final provision and was dated June 4, 2016. The effective date has been set for September 5th. The method of promulgation according to can. 8 Paragraph 1 of the CIC , which specifies the promulgation in the Acta Apostolicae Sedis , was extended by the Pope to include publication in the L'Osservatore Romano , the daily newspaper of the Apostolic See . The Apostolic Letter is a universal church law , it is valid for the Latin as well as for the Oriental legal system and overrides conflicting legal norms.

Table of contents

introduction

In the introduction, the Pope emphasizes the responsibility of the Church for the weak and vulnerable and emphasizes that children and vulnerable adults in particular are subject to special church care. The diocesan bishops, the eparches and their legally equal persons are therefore subject to this express duty . Francis underlines the existing provisions on impeachment, which nevertheless refer to can. 193 § 1 CIC and can. 975 § 1 CCEO and the duty of care , especially with regard to cases of sexual abuse of children and vulnerable adults.

article 1

In this article, the letter regulates the legal basis and requirements for impeachment and limits the group of people concerned.

Article 2

In the following, the competent congregation of the Roman Curia is authorized to initiate investigative proceedings. In addition to the delivery of the accusations, the accused is given the opportunity to submit documents and statements on his discharge within the time frame .

Article 3

It regulates the preparation of the resolution and the formal framework. These include the right to be heard and to defend themselves, and to schedule meetings.

Article 4

Article 4 determines the final procedural steps of the Congregation.

Article 5

Here, the requirement to obtain a license to practice medicine is determined by the Pope after the judgment has been reached . Before the approbation, the Pope convenes a college of lawyers and takes advice from them.

Final provisions

It determines the mode of promulgation, publication and entry into force .

meaning

With this motu proprio, Pope Francis fulfilled the demands of victims of abuse and thus expanded the one issued by Pope John Paul II (1978 - 2005) in 2001 and by Pope Benedict XVI. (2005 - 2013) Motu proprio Sacramentorum sanctitatis tutela changed in 2010 . In the past he had repeatedly called for zero tolerance towards child abuse. In his post-synodal letter Amoris laetitia (joy of love) on the family image of the Catholic Church, Francis described child abuse as “one of the most scandalous and perverse realities of today's society ... The sexual abuse of children becomes even more scandalous when it occurs in the places where it is protected especially in families, schools, and Christian communities and institutions, ”he wrote. Even if dismissals of diocesan bishops and persons of equal status were possible beforehand, the Pope expressly underlines the misconduct in child abuse as a particularly serious violation of office. It includes that church superiors who ignore child abuse by clergy under their control, are negligent or do not react appropriately can also be removed.

Web links

Individual evidence

  1. ↑ CIC Can. 8 - § 1. General ecclesiastical laws are promulgated by publication in the official publication Acta Apostolicae Sedis, unless a different promulgation is prescribed in individual cases; they become legally binding only after three months have elapsed, counting from the day indicated on the relevant number of the Acta Apostolicae Sedis, if they do not immediately oblige due to the nature of the matter or in the law itself a shorter or longer suspension of law, especially and is expressly stated.
  2. ↑ CIC Can. - 193 § 1. An office that has been entrusted to someone for an indefinite period of time can only be removed for grave reasons and in compliance with the procedure established by law.