How to proceed in the event of sexual abuse of minors by clergy in the area of the German Bishops' Conference
A guideline of the Roman Catholic Church in Germany states how to proceed in the event of sexual abuse of minors by clergy in the area of the German Bishops' Conference . It was issued by the German Bishops' Conference in Fulda in 2002 and regulates the implementation of the papal decree Sacramentorum sanctitatis tutela from the previous year. It describes the recommended procedure for the internal church investigation and the cooperation with government agencies in proven cases. According to this guideline, clergymen who have been given a church sentence for proven sexual abuse should no longer be used in areas that bring them into contact with children and young people. The guidelines were reformed in August 2010.
content
The 2002 version of the guideline is divided into nine sections. The first regulates jurisdiction. The diocesan bishop appoints a representative who can be assisted by a team of professionals such as psychologists, doctors and lawyers, lay people and clergy. The representative, to whom church employees who have learned of sexual abuse have to turn, is also responsible for contacts with law enforcement authorities. The second section regulates the examination and assessment of the case. The person commissioned by the diocesan bishop speaks to the suspect and makes contact with what is said to be the alleged victim. The diocesan bishop is to be informed of the investigation. The third section regulates the procedure of the ecclesiastical preliminary investigation according to the Codex Iuris Canonici . The preliminary examination is carried out by a person appointed by the bishop. The result of the preliminary investigation is to be forwarded to the Apostolic See .
Section IV deals with the cooperation with the law enforcement authorities : “In proven cases of sexual abuse of minors, the suspect is advised to report himself and, if necessary, to talk to the public prosecutor. [...] In proven cases of sexual abuse of minors, the suspect is advised - if there has not already been a report or if there is a statute of limitations - to self-report and, depending on the circumstances, inform the public prosecutor's office. "
Section V provides for the bishop to speak to the victim and his family and express his regret. Offers of help are made to the victim. Therapy is required from the perpetrator. Section VI regulates ecclesiastical penalties, which can vary in scope. A section on informing the public follows. Section VIII deals with preventive measures . The last section describes how to deal with church employees in full-time and part-time service who are guilty of sexual abuse of minors. Labor law measures are provided for Church employees .
Implementation of the guidelines
As a result of these guidelines, the German bishops have appointed contact persons for suspected cases of sexual abuse , who can also be contacted via the homepages of the dioceses. The commissioners include both clergymen and lay people (e.g. in Magdeburg and Regensburg). Full-time employees are given leave of absence until the allegation has been clarified. The diocesan commissioner is also the contact person for the state law enforcement authorities.
development
Against the background of numerous cases of abuse in Catholic institutions, which nevertheless remained without the involvement of the public prosecutor, the Federal Minister of Justice Sabine Leutheusser-Schnarrenberger criticized on February 23, 2010 : “Child abuse is an official offense, and others cannot decide whether this offense will be prosecuted or not. ”Since Leutheusser-Schnarrenberger implicitly accused the Catholic Church of thwarting punishment , she was criticized many times for this statement, especially since she had to admit that she was wrong about the matter and that there was no obligation to report sexual abuse. However, Munich's Archbishop Reinhard Marx declared on March 19, 2010 in the plenary assembly of Bavarian bishops that the bishops in Bavaria wanted to report every suspected child or sexual abuse in the future. However, the objection to this plan was that a general reporting obligation could also violate the wishes of the victim and would therefore also be rejected by experts.
Changes since 2010
In August 2010, the guidelines were expanded and partially tightened. According to the Bishop of Trier Stephan Ackermann , a criminal complaint should only be waived if the victim expressly requests it, if the waiver is legally permissible and no further alleged victims are known. The new version expressly states that the ecclesiastical investigation must neither hinder nor precede criminal investigations . The validity of the new guidelines is no longer restricted to clergy: in the future, a police clearance certificate should be obtained from all full-time or part-time church employees who work with children or young people . The diocesan abuse commissioners should no longer belong to the diocese leadership to ensure their independence.
In 2013, the German Bishops' Conference passed the “Framework for Prevention of Sexual Violence against Minors and Adult Wards”. It says: “Employees must present an extended certificate of good conduct in accordance with legal and labor regulations . There is an obligation to present an extended certificate of good conduct for volunteers, as far as the legal regulations of the respective federal state determine it. "
See also
Individual evidence
- ^ Arno Kleinebeckel. Pontifical secrets. Telepolis March 20, 2010
- ↑ On the procedure in the event of sexual abuse of minors by clergy in the area of the German Bishops' Conference - guidelines with explanations . German Bishops' Conference . September 27, 2002. Retrieved May 22, 2013.
- ↑ Examples: Archdiocese of Cologne ( Memento from November 4, 2013 in the Internet Archive ), Archbishop's Ordinariat Freiburg ( Memento from August 31, 2009 in the Internet Archive ), Diocese of Magdeburg , Diocese of Regensburg ( Memento from March 11, 2010 in the Internet Archive ), Diocese augsburg
- ↑ Tagesschau February 22, 2010: “The Church has to work with the authorities”
- ^ Christian Rath: Prosecution: No duty to report abuse . In: the daily newspaper , February 24, 2010. Accessed May 22, 2013.
- ↑ In the future, bishops always want to use the judiciary
- ↑ Kath.net: 'There is no obligation to notify in Germany', April 14, 2010, online
- ↑ Parvin Sadigh, "Abuse Is Only Known When Children Have Trust," Zeit Online, May 24, 2011, online
- ↑ New wording (PDF; 35 kB): Guidelines for dealing with sexual abuse of minors by clerics, members of the order and other employees in the area of the German Bishops' Conference , August 31, 2010
- ↑ Catholic Church: Abuse should be reported more quickly , Focus , August 31, 2010
- ↑ Episcopal guidelines against abuse: Only with certificate of good conduct in honorary office , Focus, August 31, 2010
- ↑ Framework for prevention of sexualised violence against minors and adult wards in the area of the German Bishops' Conference. In: Press release 151b. German Bishops' Conference, September 16, 2013, accessed on December 3, 2017 .