GUIDELINES FRAMEWORK DOCUMENT COMPLETED AND APPROVED SEPTEMBER 2016
Published on Pontifical Commission for the Protection of Minors Website in Resource section - with recommendation to Bishops Conferences to use when preparing their Safeguarding Policy
Introduction
Pope Francis, in his letter of 2 February 2015 to the Presidents of Episcopal Conferences and
Conferences of Major Superiors, wrote that the Pontifical Commission for the Protection of Minors
“can be a new, important and effective means for helping me to encourage and advance the
commitment of the Church at every level – Episcopal Conferences, Dioceses, Institutes of
Consecrated Life and Societies of Apostolic Life, and others – to take whatever steps are necessary
to ensure the protection of minors and vulnerable adults.”
The following Guidelines Template is provided to Episcopal Conferences and Religious Congregations
to assist their development and implementation of policies and procedures for the protection of
minors and vulnerable adults from sexual abuse, for responding to abuse in the Church and for
demonstrating integrity in this work.
These Guidelines build on the work already undertaken by many Conferences and on guidance in the
Circular Letter of the Congregation for the Doctrine of the Faith of 3 May 2011. The Commission
hopes to assist local Churches in establishing and maintaining a comprehensive set of local
Guidelines for the protection of minors and vulnerable adults.
GUIDELINES TEMPLATE
1. An introductory statement setting the guidelines in a faith context.
The Commission considers it very important that the safeguarding of minors and vulnerable
adults is seen as an integral part of the mission of the church, one that it is firmly rooted in our
belief that each individual has a unique worth created in the image and likeness of God. This
opening section should make it clear that what follows is gospel based.
2. A statement of commitment to Article 3.1and Article 19 of the United Nations
Convention on the Rights of the Child.
The protection of children recognises their human rights as expressed in this United Nations
Convention:
Article 3.1
“In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.”
Article 19
“1. States Parties shall take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in
the care of parent(s), legal guardian(s), or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for those who
have care of the child, as well as for other forms of prevention and for identification, reporting,
referral, investigation, treatment and follow-up of instances of child maltreatment described
heretofore, and, as appropriate for judicial involvement.”
The Holy See is a signatory to this Convention.
3. A statement of commitment by the Church.
An example of such a statement:
The Catholic Church is committed to
- the care, nurture of, and respectful ministry with all children, young people and adults
- the safeguarding of all children, young people and adults when they are vulnerable
- the establishing of safe, caring communities which provide a loving environment where there is
an informed vigilance as to the dangers of abuse
The Catholic Church will
- carefully select and train all those with any responsibility in the Church in line with safe
recruitment policies outlined below
- respond to every complaint of abuse against Church personnel in accordance with agreed
procedures outlined below
- seek to offer an appropriate ministry of informed pastoral care to those who have suffered
abuse.
- seek to offer pastoral care and support, including supervision and referral to the proper
authorities, to any member of the church community known to have offended against a child,
young person or vulnerable adult
- in all these principles follow legislation of the country, guidance and recognised good practice
4. A statement that the guidelines apply to the whole Church in the territory
covered by the Episcopal Conference.
The Commission strongly recommends that the ideal to be attained is one set of guidelines for
the protection of minors and vulnerable adults to which all dioceses, religious orders and
Catholic organisations in the territory adhere.
The scope of the territory to which the guidelines apply should be made clear particularly where
there are different countries and groups within one conference. Additionally it should include
information about which languages the Guidelines and associated material have been published
in.
5. Safe Recruitment
The Guidelines should include or refer to procedures to be followed in the recruitment of clergy,
religious, employees and volunteers.
Pope St John Paul II said that “there is no place in the priesthood or religious life for those who
would harm the young.” Bishops and Religious Superiors have “a specific responsibility for
assuring a proper discernment of vocations.”(CDF Circular Letter 2011) The Guidelines should
reflect that responsibility and include identity verification, vetting (i.e. checking with police or
equivalent agency for any criminal record), screening assessment, use of referees.
The guidelines should include a procedures for ensuring that there is full information sharing
when a cleric seeks to transfer from one diocese to another, from religious life to a diocese or
vice versa, from one religious order to another, temporarily or permanently. There should be
similar procedures for seminarians and religious in formation seeking to transfer. The Guidelines
should explicitly state the requirement for full information sharing for any transfer.
The Guidelines should also set out safe recruitment procedures for those employed by the
Church and volunteers in the Church. These should include identity verification, checking with
the police or equivalent agency for any criminal record, interview and assessment, contact with
referees.
6. Formation and Training
The Guidelines should include a commitment to providing a healthy human and spiritual
formation for future clergy and religious.
Their training should include specific modules on sexual abuse covering issues such as the
damage caused to victims by sexual abuse; the impact on families and communities; recognising
the signs of abuse; ministry to those who have been abused; creating safe environments.
They should be made aware of their own responsibilities in this regard in both civil and canon
law.
The Guidelines should also include a commitment to providing training, including training on
sexual abuse for all employees and volunteers who work with minors and adults at risk in the
name of the Church.
The guidelines should include a commitment to ongoing formation for priests, religious and
those employed in ministry.
7. Creating a Safe Church Environment
The Guidelines should include clear and well-publicised diocesan standards of ministerial
behaviour including appropriate boundaries in pastoral relationships given to priests, religious,
teachers, staff, volunteers and all those in service to the church who have access to minors and
vulnerable adults in the care of the Church. These may be included in codes of conduct, codes of
ministerial behavior, standards of behavior as well as policies and procedures or other such
documents. Codes of conduct may properly cover actions which are not illegal in the
country/state. For example they may require staff to avoid lone contact with children or apply a
higher age for sexual relationships than state law.
Diocese are to create and maintain safe environment training programmes. They are to be
conducted cooperatively with parents, civil authorities, educators, and community organisations
to provide education and training for children, youth, parents, ministers, educators, volunteers
and others about ways to make and maintain a safe environment for minors and vulnerable
adults. This training should be age appropriate, including what sexual abuse is, how to identify it,
as well as what are grooming techniques and how to report suspected sexual abuse to civil and
Church authorities. Again, all such training is to be age appropriate.
8. Community Awareness Raising/Education
The Guidelines should include a commitment to education of the community in parishes and
schools, to help prevent abuse, to create a safe environment and enable an effective ministry to
those who have been abused.
The use of special liturgies, the inclusion of appropriate prayers and homilies can be an
important part of raising awareness in the Church. The Commission is preparing a range of
materials to assist in this.
9. Responding to complaints of abuse
The Guidelines should include policies and procedures for responding to complaints and
disclosures of abuse in the Church.
· These should be based on a commitment to establishing the truth and to working
towards healing.
· There should be a clear statement about compliance with the requirements of civil
authorities and Church authorities. Where episcopal conferences include more than one
country or a country with a federal structure – it should be clearly stated that the Church
will comply with the relevant authority. This should include any civil requirements on
mandatory reporting.
· In defining sexual abuse the guidelines must refer to the definition in the Motu Proprio
Sacramentorum Sanctitatis Tutela (SST).
· The procedures should make it clear that they are applied to clergy and religious.
· Procedures will also be necessary for all lay employees and volunteers who have access
to minors and vulnerable adults in the course of their work for the Church. If there are
separate policies and procedures for each category of personnel, all shall be compiled in
one location such as a manual or booklet.
· There should be a clear statement about referral of criminal behaviour to the police or
relevant authority.
· Procedures will be necessary for investigating complaints not referred to the police – for
example when the accused person has died, when the behaviour complained of is not
illegal in state law but breaches the Church’s code of conduct, or when the police have
investigated but are not intending to prosecute.
· Investigative procedures should be robust and transparent. Experience suggests that
these should include suitably experienced and skilled lay people to ensure
independence.
· There should be as little delay as possible in arranging for a person wising to make a
report to meet a Church representative and such meetings should be held in a place
which the person making the report finds acceptable.
· There should always be the option for the person making the report to speak to a lay
person rather than a member of the clergy or a religious.
· The person making the report should be encouraged to have a companion of their own
choice to accompany them when making a report.
· A support person should be made available to those who report abuse, if they wish to
have one. The support person’s priority is the welfare of the person reporting abuse and
where necessary their family. The support person can liaise with the Church, provide
information about the progress of the complaint and advise on access to appropriate
support but is not a counsellor. The support person should be someone with a good
understanding of the effects of child abuse and in particular the vulnerability of people
at the time of making a disclosure. The person reporting abuse should have the option
to request a lay support person rather than a member of the clergy or a religious.
· Reports should be heard in a spirit of acceptance and trust.
· The doctrine of mental Reservation should not be used in any interaction with those
reporting abuse, victims/survivors or their representatives.
· It is very important that any promise of action or future contact made to a complainant
is followed through.
· The procedures should include appropriate support for the accused person. These must
follow the requirements of Canon Law and the Motu Proprio SST for clergy and the
requirements of Canon Law for religious. For employees and volunteers these should
follow their employment contract or volunteer agreement.
· The procedures should include precautionary measures, such as a temporary withdrawal
from ministry, where the accused is a cleric (deacon, priest, bishop) the process must
follow the requirements of SST.
· The procedures should set out the outcomes for complainants.
· The procedures should set out the how the outcome of all complaints will be shared
with the complainant, the faithful and the public.
· The procedures should set out the outcomes for the accused – if the accused is a cleric
then these must include the provisions of SST on reports to the Congregation for the
Doctrine of the Faith.
· The procedures should include provision for the complainant and the accused to seek a
review of the outcome.
· The Guidelines should make it clear that the Church does not wish hide complaints or
buy a victims/survivor’s silence and dioceses and religious congregations are not to
enter into settlements that bind the parties to confidentiality, unless the victim/survivor
requests confidentiality, and this request is noted in the text of the agreement.
10. Ministry to victims/survivors
The Church, in the person of the Bishop or his delegate, Religious Superior or his/her delegate
should be prepared to listen to the victims and their families, and to be committed to their
spiritual and psychological assistance. Dioceses and religious congregations are to reach out to
victims/survivors and their families and demonstrate a sincere commitment to their spiritual and
emotional well-being. The first obligation of the Church with regard to the victims/survivors is
for protection, healing and reconciliation. Each diocese and religious congregation is to continue
its outreach to every person who has been the victim of sexual abuse as a minor or vulnerable
adult by anyone in church service, whether the sexual abuse was recent or occurred many years
in the past. This outreach may include provisions of counseling, spiritual assistance, support
groups, and other social services agreed upon by the victim/survivor and the diocese and/or
religious congregation.
Through pastoral outreach to victims/survivors and their families, the diocesan bishop or his
representative or the religious superior or his/her delegate is to offer to meet with them, to
listen with patience and compassion to their experiences and concerns.
11. Ministry to offenders
The Guidelines should also include provision for ministry to sex offenders including those who
have offended in the Church, which ensure that all provisions are consistent with the need to
provide a safe environment
12. Monitoring/Accountability Arrangements
In order to ensure the integrity of the Church and its measures for the prevention of and
response to abuse, the Guidelines should include a system of monitoring compliance with the
Guidelines, and a procedure to ensure that such all compliance results are made public in a
timely manner. The monitoring structure should demonstrate independent and informed
leadership.
13. A Closing Statement of Commitment by the Bishops and Religious Leaders
Each set of Guidelines is only as strong as the commitment of church leadership behind it. For
members of the church and the general public to accept and believe that the Catholic Church is
sincere in creating and maintaining a safe environment for minors and vulnerable adults, each
Bishop and each Religious Superior needs to affirm their commitment to this goal. Without this
affirmation, the Guidelines are just words on a piece of paper. That alone will not keep minors
and vulnerable adults safe.
9 September 2016
Published on Pontifical Commission for the Protection of Minors Website in Resource section - with recommendation to Bishops Conferences to use when preparing their Safeguarding Policy
Introduction
Pope Francis, in his letter of 2 February 2015 to the Presidents of Episcopal Conferences and
Conferences of Major Superiors, wrote that the Pontifical Commission for the Protection of Minors
“can be a new, important and effective means for helping me to encourage and advance the
commitment of the Church at every level – Episcopal Conferences, Dioceses, Institutes of
Consecrated Life and Societies of Apostolic Life, and others – to take whatever steps are necessary
to ensure the protection of minors and vulnerable adults.”
The following Guidelines Template is provided to Episcopal Conferences and Religious Congregations
to assist their development and implementation of policies and procedures for the protection of
minors and vulnerable adults from sexual abuse, for responding to abuse in the Church and for
demonstrating integrity in this work.
These Guidelines build on the work already undertaken by many Conferences and on guidance in the
Circular Letter of the Congregation for the Doctrine of the Faith of 3 May 2011. The Commission
hopes to assist local Churches in establishing and maintaining a comprehensive set of local
Guidelines for the protection of minors and vulnerable adults.
GUIDELINES TEMPLATE
1. An introductory statement setting the guidelines in a faith context.
The Commission considers it very important that the safeguarding of minors and vulnerable
adults is seen as an integral part of the mission of the church, one that it is firmly rooted in our
belief that each individual has a unique worth created in the image and likeness of God. This
opening section should make it clear that what follows is gospel based.
2. A statement of commitment to Article 3.1and Article 19 of the United Nations
Convention on the Rights of the Child.
The protection of children recognises their human rights as expressed in this United Nations
Convention:
Article 3.1
“In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.”
Article 19
“1. States Parties shall take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in
the care of parent(s), legal guardian(s), or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for those who
have care of the child, as well as for other forms of prevention and for identification, reporting,
referral, investigation, treatment and follow-up of instances of child maltreatment described
heretofore, and, as appropriate for judicial involvement.”
The Holy See is a signatory to this Convention.
3. A statement of commitment by the Church.
An example of such a statement:
The Catholic Church is committed to
- the care, nurture of, and respectful ministry with all children, young people and adults
- the safeguarding of all children, young people and adults when they are vulnerable
- the establishing of safe, caring communities which provide a loving environment where there is
an informed vigilance as to the dangers of abuse
The Catholic Church will
- carefully select and train all those with any responsibility in the Church in line with safe
recruitment policies outlined below
- respond to every complaint of abuse against Church personnel in accordance with agreed
procedures outlined below
- seek to offer an appropriate ministry of informed pastoral care to those who have suffered
abuse.
- seek to offer pastoral care and support, including supervision and referral to the proper
authorities, to any member of the church community known to have offended against a child,
young person or vulnerable adult
- in all these principles follow legislation of the country, guidance and recognised good practice
4. A statement that the guidelines apply to the whole Church in the territory
covered by the Episcopal Conference.
The Commission strongly recommends that the ideal to be attained is one set of guidelines for
the protection of minors and vulnerable adults to which all dioceses, religious orders and
Catholic organisations in the territory adhere.
The scope of the territory to which the guidelines apply should be made clear particularly where
there are different countries and groups within one conference. Additionally it should include
information about which languages the Guidelines and associated material have been published
in.
5. Safe Recruitment
The Guidelines should include or refer to procedures to be followed in the recruitment of clergy,
religious, employees and volunteers.
Pope St John Paul II said that “there is no place in the priesthood or religious life for those who
would harm the young.” Bishops and Religious Superiors have “a specific responsibility for
assuring a proper discernment of vocations.”(CDF Circular Letter 2011) The Guidelines should
reflect that responsibility and include identity verification, vetting (i.e. checking with police or
equivalent agency for any criminal record), screening assessment, use of referees.
The guidelines should include a procedures for ensuring that there is full information sharing
when a cleric seeks to transfer from one diocese to another, from religious life to a diocese or
vice versa, from one religious order to another, temporarily or permanently. There should be
similar procedures for seminarians and religious in formation seeking to transfer. The Guidelines
should explicitly state the requirement for full information sharing for any transfer.
The Guidelines should also set out safe recruitment procedures for those employed by the
Church and volunteers in the Church. These should include identity verification, checking with
the police or equivalent agency for any criminal record, interview and assessment, contact with
referees.
6. Formation and Training
The Guidelines should include a commitment to providing a healthy human and spiritual
formation for future clergy and religious.
Their training should include specific modules on sexual abuse covering issues such as the
damage caused to victims by sexual abuse; the impact on families and communities; recognising
the signs of abuse; ministry to those who have been abused; creating safe environments.
They should be made aware of their own responsibilities in this regard in both civil and canon
law.
The Guidelines should also include a commitment to providing training, including training on
sexual abuse for all employees and volunteers who work with minors and adults at risk in the
name of the Church.
The guidelines should include a commitment to ongoing formation for priests, religious and
those employed in ministry.
7. Creating a Safe Church Environment
The Guidelines should include clear and well-publicised diocesan standards of ministerial
behaviour including appropriate boundaries in pastoral relationships given to priests, religious,
teachers, staff, volunteers and all those in service to the church who have access to minors and
vulnerable adults in the care of the Church. These may be included in codes of conduct, codes of
ministerial behavior, standards of behavior as well as policies and procedures or other such
documents. Codes of conduct may properly cover actions which are not illegal in the
country/state. For example they may require staff to avoid lone contact with children or apply a
higher age for sexual relationships than state law.
Diocese are to create and maintain safe environment training programmes. They are to be
conducted cooperatively with parents, civil authorities, educators, and community organisations
to provide education and training for children, youth, parents, ministers, educators, volunteers
and others about ways to make and maintain a safe environment for minors and vulnerable
adults. This training should be age appropriate, including what sexual abuse is, how to identify it,
as well as what are grooming techniques and how to report suspected sexual abuse to civil and
Church authorities. Again, all such training is to be age appropriate.
8. Community Awareness Raising/Education
The Guidelines should include a commitment to education of the community in parishes and
schools, to help prevent abuse, to create a safe environment and enable an effective ministry to
those who have been abused.
The use of special liturgies, the inclusion of appropriate prayers and homilies can be an
important part of raising awareness in the Church. The Commission is preparing a range of
materials to assist in this.
9. Responding to complaints of abuse
The Guidelines should include policies and procedures for responding to complaints and
disclosures of abuse in the Church.
· These should be based on a commitment to establishing the truth and to working
towards healing.
· There should be a clear statement about compliance with the requirements of civil
authorities and Church authorities. Where episcopal conferences include more than one
country or a country with a federal structure – it should be clearly stated that the Church
will comply with the relevant authority. This should include any civil requirements on
mandatory reporting.
· In defining sexual abuse the guidelines must refer to the definition in the Motu Proprio
Sacramentorum Sanctitatis Tutela (SST).
· The procedures should make it clear that they are applied to clergy and religious.
· Procedures will also be necessary for all lay employees and volunteers who have access
to minors and vulnerable adults in the course of their work for the Church. If there are
separate policies and procedures for each category of personnel, all shall be compiled in
one location such as a manual or booklet.
· There should be a clear statement about referral of criminal behaviour to the police or
relevant authority.
· Procedures will be necessary for investigating complaints not referred to the police – for
example when the accused person has died, when the behaviour complained of is not
illegal in state law but breaches the Church’s code of conduct, or when the police have
investigated but are not intending to prosecute.
· Investigative procedures should be robust and transparent. Experience suggests that
these should include suitably experienced and skilled lay people to ensure
independence.
· There should be as little delay as possible in arranging for a person wising to make a
report to meet a Church representative and such meetings should be held in a place
which the person making the report finds acceptable.
· There should always be the option for the person making the report to speak to a lay
person rather than a member of the clergy or a religious.
· The person making the report should be encouraged to have a companion of their own
choice to accompany them when making a report.
· A support person should be made available to those who report abuse, if they wish to
have one. The support person’s priority is the welfare of the person reporting abuse and
where necessary their family. The support person can liaise with the Church, provide
information about the progress of the complaint and advise on access to appropriate
support but is not a counsellor. The support person should be someone with a good
understanding of the effects of child abuse and in particular the vulnerability of people
at the time of making a disclosure. The person reporting abuse should have the option
to request a lay support person rather than a member of the clergy or a religious.
· Reports should be heard in a spirit of acceptance and trust.
· The doctrine of mental Reservation should not be used in any interaction with those
reporting abuse, victims/survivors or their representatives.
· It is very important that any promise of action or future contact made to a complainant
is followed through.
· The procedures should include appropriate support for the accused person. These must
follow the requirements of Canon Law and the Motu Proprio SST for clergy and the
requirements of Canon Law for religious. For employees and volunteers these should
follow their employment contract or volunteer agreement.
· The procedures should include precautionary measures, such as a temporary withdrawal
from ministry, where the accused is a cleric (deacon, priest, bishop) the process must
follow the requirements of SST.
· The procedures should set out the outcomes for complainants.
· The procedures should set out the how the outcome of all complaints will be shared
with the complainant, the faithful and the public.
· The procedures should set out the outcomes for the accused – if the accused is a cleric
then these must include the provisions of SST on reports to the Congregation for the
Doctrine of the Faith.
· The procedures should include provision for the complainant and the accused to seek a
review of the outcome.
· The Guidelines should make it clear that the Church does not wish hide complaints or
buy a victims/survivor’s silence and dioceses and religious congregations are not to
enter into settlements that bind the parties to confidentiality, unless the victim/survivor
requests confidentiality, and this request is noted in the text of the agreement.
10. Ministry to victims/survivors
The Church, in the person of the Bishop or his delegate, Religious Superior or his/her delegate
should be prepared to listen to the victims and their families, and to be committed to their
spiritual and psychological assistance. Dioceses and religious congregations are to reach out to
victims/survivors and their families and demonstrate a sincere commitment to their spiritual and
emotional well-being. The first obligation of the Church with regard to the victims/survivors is
for protection, healing and reconciliation. Each diocese and religious congregation is to continue
its outreach to every person who has been the victim of sexual abuse as a minor or vulnerable
adult by anyone in church service, whether the sexual abuse was recent or occurred many years
in the past. This outreach may include provisions of counseling, spiritual assistance, support
groups, and other social services agreed upon by the victim/survivor and the diocese and/or
religious congregation.
Through pastoral outreach to victims/survivors and their families, the diocesan bishop or his
representative or the religious superior or his/her delegate is to offer to meet with them, to
listen with patience and compassion to their experiences and concerns.
11. Ministry to offenders
The Guidelines should also include provision for ministry to sex offenders including those who
have offended in the Church, which ensure that all provisions are consistent with the need to
provide a safe environment
12. Monitoring/Accountability Arrangements
In order to ensure the integrity of the Church and its measures for the prevention of and
response to abuse, the Guidelines should include a system of monitoring compliance with the
Guidelines, and a procedure to ensure that such all compliance results are made public in a
timely manner. The monitoring structure should demonstrate independent and informed
leadership.
13. A Closing Statement of Commitment by the Bishops and Religious Leaders
Each set of Guidelines is only as strong as the commitment of church leadership behind it. For
members of the church and the general public to accept and believe that the Catholic Church is
sincere in creating and maintaining a safe environment for minors and vulnerable adults, each
Bishop and each Religious Superior needs to affirm their commitment to this goal. Without this
affirmation, the Guidelines are just words on a piece of paper. That alone will not keep minors
and vulnerable adults safe.
9 September 2016
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CHIROGRAPH
of
His Holiness Pope Francis for the institution of a Pontifical Commission for the protection of minors.
The effective protection of minors and a commitment to ensure their human and spiritual development, in keeping with the dignity of the human person, are integral parts of the Gospel message that the Church and all members of the faithful are called to spread throughout the world. Many painful actions have caused a profound examination of conscience for the entire Church, leading us to request forgiveness from the victims and from our society for the harm that has been caused. This response to these actions is the firm beginning for initiatives of many different types, which are intended to repair the damage, to attain justice, and to prevent, by all means possible, the recurrence of similar incidents in the future.
For these reasons, and after having received the counsel of many cardinals and members of the college of bishops, together with other collaborators and experts in these matters, I decided to continue the work begun by my Predecessors by establishing a permanent Commission attached to the Holy See. The aim of the Commission is to promote the protection of the dignity of minors and vulnerable adults, using the forms and methods, consonant with the nature of the Church, which they consider most appropriate, as well as through their cooperation with individuals and groups pursuing these same objectives.
As I had the opportunity to highlight during an encounter with several victims of sexual abuse, I rely on the members of this Commission for the effective protection of minors and vulnerable adults, regardless of religion they profess, because they are the little ones on whom the Lord looks with love. To my collaborators in this work, I ask for all efforts possible to assist me in responding to these needs of these little ones.
The Commission’s specific task is to propose to me the most opportune initiatives for protecting minors and vulnerable adults, in order that we may do everything possible to ensure that crimes such as those which have occurred are no longer repeated in the Church. The Commission is to promote local responsibility in the particular Churches, uniting their efforts to those of the Congregation for the Doctrine of the Faith, for the protection of all children and vulnerable adults.
It is for all these reasons that I have instituted the Pontifical Commission for the Protection of Minors.
All that is established with the present Chirograph has full and stable effect, anything to the contrary not notwithstanding, even if deserving of special mention.
Given in Rome, at the Apostolic Palace, 22 March 2014, the second of my Pontificate.
FRANCISCUS PP
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
of
His Holiness Pope Francis for the institution of a Pontifical Commission for the protection of minors.
The effective protection of minors and a commitment to ensure their human and spiritual development, in keeping with the dignity of the human person, are integral parts of the Gospel message that the Church and all members of the faithful are called to spread throughout the world. Many painful actions have caused a profound examination of conscience for the entire Church, leading us to request forgiveness from the victims and from our society for the harm that has been caused. This response to these actions is the firm beginning for initiatives of many different types, which are intended to repair the damage, to attain justice, and to prevent, by all means possible, the recurrence of similar incidents in the future.
For these reasons, and after having received the counsel of many cardinals and members of the college of bishops, together with other collaborators and experts in these matters, I decided to continue the work begun by my Predecessors by establishing a permanent Commission attached to the Holy See. The aim of the Commission is to promote the protection of the dignity of minors and vulnerable adults, using the forms and methods, consonant with the nature of the Church, which they consider most appropriate, as well as through their cooperation with individuals and groups pursuing these same objectives.
As I had the opportunity to highlight during an encounter with several victims of sexual abuse, I rely on the members of this Commission for the effective protection of minors and vulnerable adults, regardless of religion they profess, because they are the little ones on whom the Lord looks with love. To my collaborators in this work, I ask for all efforts possible to assist me in responding to these needs of these little ones.
The Commission’s specific task is to propose to me the most opportune initiatives for protecting minors and vulnerable adults, in order that we may do everything possible to ensure that crimes such as those which have occurred are no longer repeated in the Church. The Commission is to promote local responsibility in the particular Churches, uniting their efforts to those of the Congregation for the Doctrine of the Faith, for the protection of all children and vulnerable adults.
It is for all these reasons that I have instituted the Pontifical Commission for the Protection of Minors.
All that is established with the present Chirograph has full and stable effect, anything to the contrary not notwithstanding, even if deserving of special mention.
Given in Rome, at the Apostolic Palace, 22 March 2014, the second of my Pontificate.
FRANCISCUS PP
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
STATUTES
Art. 1 - NATURE AND COMPETENCE
§ 1. The Pontifical Commission for the Protection of Minors is an autonomous institution attached to the Holy See, with public juridic personality (can. 116CIC). The Commission is an advisory body at the service of the Holy Father.
§ 2. The protection of minors is of paramount importance. The purpose of the Commission is to propose initiatives to the Roman Pontiff, according to the procedures and determinations specified in these Statutes, for the purposes of promoting local responsibility in the particular Churches for the protection of all minors and vulnerable adults.
§ 3. Proposals submitted to the Holy Father by the Commission must be approved by a majority of two-thirds of the Members.
§ 4. In developing the proposals referred to in § 2, when the matter concerns the competence of other ecclesial bodies, the President of the Commission, assisted by the Secretary, shall consult promptly the offices responsible for the protection of minors in local churches, episcopal conferences, conferences of superiors of institutes of consecrated life and societies of apostolic life, as well as the dicastery of the Roman Curia competent in the matter. This consultation will be shared in a transparent manner with the Commission Members.
§ 5. The Commission may require an account of the effectiveness of work carried out by the competent bodies mentioned in § 4.
§ 6. The legal seat of the Commission is in the Vatican City State.
Art. 2 - COMPOSITION AND MEMBERS
§ 1. The Commission is composed of a maximum of eighteen members appointed by the Holy Father for a period of three years, which may be reconfirmed.
§ 2. Members are chosen from among persons of good and proven reputation and with recognized competence in the various fields of interest which are entrusted to the Commission.
§ 3. The President is appointed by the Roman Pontiff from among the members of the Commission for a period of three years and the term of office may be reconfirmed.
§ 4. The Secretary is appointed by the Roman Pontiff from among persons of recognized competence in the protection of minors for a period of three years, and the term of office may be reconfirmed. The Secretary is a member of the Commissionex officio.
Art. 3 - THE PLENARY ASSEMBLY
§ 1. The Commission is convened in Plenary Assembly twice each year. On the request of two thirds of the Members, and with the consent of the President, an extraordinary Plenary Assembly can be convened. For a Plenary Assembly to be validly convened, the presence of at least two thirds of the members is required. On the same conditions, a Plenary Assembly may also meet by videoconference.
§ 2. During the Plenary Assembly, the Members act collegially under the direction of the President.
§ 3. The Members elect from within their midst, by an absolute majority of votes, two members to serve on the Agenda Committee for the next Plenary Assembly, together with the President and the Secretary. The Agenda Committee continues its work until the Minutes of the Assembly are completed.
§ 4. The Agenda Committee guides the proceedings of the Plenary Assembly, in particular:
a) determining the Agenda;
b) ensuring that the necessary documentation is submitted to the Members at least two weeks before the scheduled meeting;
c) ensuring preparation of the Minutes of the meetings and storing them in the archives of the Commission.
Art. 4 - PERSONNEL
§ 1. The President is responsible for ensuring the proper functioning of the Commission, within the framework of its competencies, and for directing its meetings.
§ 2. The role of the Secretary is to assist the President in carrying out his responsibilities, to act in the name of the Commission in ordinary affairs and to direct the Commission’s office. The Secretary also promotes the collaboration of the Commission with the offices responsible for the protection of minors in the particular Churches, episcopal conferences, conferences of superiors of institutes of consecrated life and societies of apostolic life, and the dicasteries and other institutions of the Roman Curia.
§ 3. The officials working in the Commission’s office assist the President, coordinated by the Secretary. One staff member has particular responsibility for the administration of material resources and in the preparation of the budget, accounting, and financial records of the Commission, in accordance with the norms established for the Holy See.
§ 4. The Secretary is a Prelate Superior, according to art. 3 of the Regolamento Generale della Curia Romana.
§ 5. For the hiring and employment of the personnel, the norms contained in the Regolamento Generale della Curia Romana and Regolamento della Commissione indipendente di valutazione per le assunzioni di personale laico presso la Sede Apostolica are to be observed, together with any eventual changes and additions.
Art. 5 - WORKING GROUPS
§ 1. The Commission’s "working groups" prepare the initiatives mentioned in art. 1, § 2 and submit them for approval by the Commission Members. Each working group is constituted to examine a specific theme thoroughly and to present specific proposals to the Plenary Assembly.
§ 2. The drafts prepared by the working groups, in accord with § 1, are made available to the Members through electronic means for their observations. The responsibility of each working group ceases with submission of its proposals to the Plenary Assembly, except when there is need for further study.
§ 3. The President, after consultation with the Members of the Commission, appoints a Member as the Moderator of each working group.
§ 4. The Moderator of each working group submits to the Commission a list of at least three names to be designated as collaborators of the group. These collaborators are chosen from among persons of good and proven reputation, with recognized expertise in the subject being studied by the working group as part of its work.
§ 5. The collaborators in § 4 who are not Commission Members carry out the tasks entrusted to them without becoming members of the Commission and without acquiring any right or function within the same.
Art. 6 - GENERAL NORMS
§ 1. The Pontifical Commission, including its office and the working groups, shall be provided with adequate human and material resources, corresponding to its assigned institutional functions.
§ 2. The Commission operates in accord with the norms of its Statutes, the dispositions of universal canon law and theRegolamento generale della Curia Romana.
§ 3. The Members, staff and collaborators of the working groups are bound to observe professional confidentiality with regard to the reports or information which may come to their knowledge in the course of their duties and functions.
§ 4. The languages employed by the Commission are Italian, Spanish and English.
§ 5. The archives of the Commission are kept within the Vatican City State.
§ 6. The norms of these present Statutes shall be observed ad experimentum for a period of three years, at which time the Commission is to present any modifications for the permanent Statutes to be approved by the Supreme Pontiff.
Published 21st April 2015
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§ 1. The Pontifical Commission for the Protection of Minors is an autonomous institution attached to the Holy See, with public juridic personality (can. 116CIC). The Commission is an advisory body at the service of the Holy Father.
§ 2. The protection of minors is of paramount importance. The purpose of the Commission is to propose initiatives to the Roman Pontiff, according to the procedures and determinations specified in these Statutes, for the purposes of promoting local responsibility in the particular Churches for the protection of all minors and vulnerable adults.
§ 3. Proposals submitted to the Holy Father by the Commission must be approved by a majority of two-thirds of the Members.
§ 4. In developing the proposals referred to in § 2, when the matter concerns the competence of other ecclesial bodies, the President of the Commission, assisted by the Secretary, shall consult promptly the offices responsible for the protection of minors in local churches, episcopal conferences, conferences of superiors of institutes of consecrated life and societies of apostolic life, as well as the dicastery of the Roman Curia competent in the matter. This consultation will be shared in a transparent manner with the Commission Members.
§ 5. The Commission may require an account of the effectiveness of work carried out by the competent bodies mentioned in § 4.
§ 6. The legal seat of the Commission is in the Vatican City State.
Art. 2 - COMPOSITION AND MEMBERS
§ 1. The Commission is composed of a maximum of eighteen members appointed by the Holy Father for a period of three years, which may be reconfirmed.
§ 2. Members are chosen from among persons of good and proven reputation and with recognized competence in the various fields of interest which are entrusted to the Commission.
§ 3. The President is appointed by the Roman Pontiff from among the members of the Commission for a period of three years and the term of office may be reconfirmed.
§ 4. The Secretary is appointed by the Roman Pontiff from among persons of recognized competence in the protection of minors for a period of three years, and the term of office may be reconfirmed. The Secretary is a member of the Commissionex officio.
Art. 3 - THE PLENARY ASSEMBLY
§ 1. The Commission is convened in Plenary Assembly twice each year. On the request of two thirds of the Members, and with the consent of the President, an extraordinary Plenary Assembly can be convened. For a Plenary Assembly to be validly convened, the presence of at least two thirds of the members is required. On the same conditions, a Plenary Assembly may also meet by videoconference.
§ 2. During the Plenary Assembly, the Members act collegially under the direction of the President.
§ 3. The Members elect from within their midst, by an absolute majority of votes, two members to serve on the Agenda Committee for the next Plenary Assembly, together with the President and the Secretary. The Agenda Committee continues its work until the Minutes of the Assembly are completed.
§ 4. The Agenda Committee guides the proceedings of the Plenary Assembly, in particular:
a) determining the Agenda;
b) ensuring that the necessary documentation is submitted to the Members at least two weeks before the scheduled meeting;
c) ensuring preparation of the Minutes of the meetings and storing them in the archives of the Commission.
Art. 4 - PERSONNEL
§ 1. The President is responsible for ensuring the proper functioning of the Commission, within the framework of its competencies, and for directing its meetings.
§ 2. The role of the Secretary is to assist the President in carrying out his responsibilities, to act in the name of the Commission in ordinary affairs and to direct the Commission’s office. The Secretary also promotes the collaboration of the Commission with the offices responsible for the protection of minors in the particular Churches, episcopal conferences, conferences of superiors of institutes of consecrated life and societies of apostolic life, and the dicasteries and other institutions of the Roman Curia.
§ 3. The officials working in the Commission’s office assist the President, coordinated by the Secretary. One staff member has particular responsibility for the administration of material resources and in the preparation of the budget, accounting, and financial records of the Commission, in accordance with the norms established for the Holy See.
§ 4. The Secretary is a Prelate Superior, according to art. 3 of the Regolamento Generale della Curia Romana.
§ 5. For the hiring and employment of the personnel, the norms contained in the Regolamento Generale della Curia Romana and Regolamento della Commissione indipendente di valutazione per le assunzioni di personale laico presso la Sede Apostolica are to be observed, together with any eventual changes and additions.
Art. 5 - WORKING GROUPS
§ 1. The Commission’s "working groups" prepare the initiatives mentioned in art. 1, § 2 and submit them for approval by the Commission Members. Each working group is constituted to examine a specific theme thoroughly and to present specific proposals to the Plenary Assembly.
§ 2. The drafts prepared by the working groups, in accord with § 1, are made available to the Members through electronic means for their observations. The responsibility of each working group ceases with submission of its proposals to the Plenary Assembly, except when there is need for further study.
§ 3. The President, after consultation with the Members of the Commission, appoints a Member as the Moderator of each working group.
§ 4. The Moderator of each working group submits to the Commission a list of at least three names to be designated as collaborators of the group. These collaborators are chosen from among persons of good and proven reputation, with recognized expertise in the subject being studied by the working group as part of its work.
§ 5. The collaborators in § 4 who are not Commission Members carry out the tasks entrusted to them without becoming members of the Commission and without acquiring any right or function within the same.
Art. 6 - GENERAL NORMS
§ 1. The Pontifical Commission, including its office and the working groups, shall be provided with adequate human and material resources, corresponding to its assigned institutional functions.
§ 2. The Commission operates in accord with the norms of its Statutes, the dispositions of universal canon law and theRegolamento generale della Curia Romana.
§ 3. The Members, staff and collaborators of the working groups are bound to observe professional confidentiality with regard to the reports or information which may come to their knowledge in the course of their duties and functions.
§ 4. The languages employed by the Commission are Italian, Spanish and English.
§ 5. The archives of the Commission are kept within the Vatican City State.
§ 6. The norms of these present Statutes shall be observed ad experimentum for a period of three years, at which time the Commission is to present any modifications for the permanent Statutes to be approved by the Supreme Pontiff.
Published 21st April 2015
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APOSTOLIC LETTER ISSUED «MOTU PROPRIO» BY THE SUPREME PONTIFF - FRANCIS
AS A LOVING MOTHER
The Church loves all her children like a loving mother, but cares for all and protects with a special affection those who are smallest and defenseless. This is the duty that Christ himself entrusted to the entire Christian community as a whole. Aware of this, the Church is especially vigilant in protecting children and vulnerable adults.
This duty of care and protection devolves upon the whole Church, yet it is especially through her Pastors that it must be exercised. Therefore diocesan Bishops, Eparchs and those who have the responsibility for a Particular Church must pay vigilant attention to protecting the weakest of those entrusted to her care.
Canon Law already provides for the possibility of removal from ecclesiastical office “for grave reasons”. This pertains to diocesan Bishops and Eparchs as well, and those who are by law equal to them (cf. can. 193 § 1 CIC; can. 975 § 1 CCEO). With this Letter my intention is to underline that among the aforesaid “grave reasons” is the negligence of a Bishop in the exercise of his office, and in particular in relation to cases of sexual abuse inflicted on minors and vulnerable adults, as stated in the Motu ProprioSacramentorum Sanctitatis Tutela promulgated by St John Paul II and amended by my beloved Predecessor, Benedict XVI. In such cases the following procedure is to be observed:
Article 1
§ 1. The diocesan Bishop or Eparch, or one who even holds a temporary title and is responsible for a Particular Church, or other community of faithful that is its legal equivalent, according to can. 368 CIC or can. 313 CCEO, can be legitimately removed from this office if he has through negligence committed or through omission facilitated acts that have caused grave harm to others, either to physical persons or to the community as a whole. The harm may be physical, moral, spiritual or through the use of patrimony.
§ 2. The diocesan Bishop or Eparch can only be removed if he is objectively lacking in a very grave manner the diligence that his pastoral office demands of him, even without serious moral fault on his part.
§ 3. In the case of the abuse of minors and vulnerable adults it is enough that the lack of diligence be grave.
§ 4. The Major Superiors of Religious Institutes and Societies of Apostolic Life of Pontifical Right are equivalent to diocesan Bishops and Eparchs.
Article 2
§ 1. In all cases in which there is foundational proof of what is contained in the previous article, the competent Congregation of the Roman Curia can open an inquiry into the case, informing the subject involved and giving the accused the possibility of providing documentation and testimony.
§ 2. The Bishop will be given the possibility to defend himself, something he can do by the means provided for by law. All stages of the inquiry will be communicated and he will always be given the possibility of meeting with the Superiors of the Congregation. This meeting will be proposed by the appropriate dicastery even should the Bishop himself take no initiative.
§ 3. In view of the arguments presented by the Bishop, the Congregation may decide to open a supplementary investigation.
Article 3
§ 1. Before making a decision, the Congregation may meet, when appropriate, with other Bishops or Eparchs belonging to the same Bishops’ Conference or Synod of Bishops of the sui iuris Church as the Bishop or Eparch in question, with the purpose of discussing the said case.
§ 2. The Congregation will adopt its determination when gathered in an Ordinary Session.
Article 4
Whenever the removal of a Bishop is held to be opportune, the Congregation, depending on the circumstances of the case, will establish whether:
1º. to issue, and in the briefest possible amount of time, a decree of removal;
2º. to fraternally exhort the Bishop to present his letter of resignation within a period of fifteen days. If the Bishop does not give his response within this period of time the Congregation can proceed to issue the decree of removal.
Article 5
The decision of the Congregation as stated in articles 3–4 must be submitted for the specific approval of the Roman Pontiff, who before making a definitive decision will take counsel with a special College of Jurists designated for this purpose.
Everything that I have deliberated in this Apostolic Letter given Motu Proprio must be observed in all its parts, notwithstanding anything to the contrary, even if it be worthy of particular mention, and I hereby set forth that it be published in the official records of Acta Apostolicae Sedis and promulgated in the daily edition of L’Osservatore Romano, and enter into force on 5 September 2016.
Vatican, 4 June 2016
AS A LOVING MOTHER
The Church loves all her children like a loving mother, but cares for all and protects with a special affection those who are smallest and defenseless. This is the duty that Christ himself entrusted to the entire Christian community as a whole. Aware of this, the Church is especially vigilant in protecting children and vulnerable adults.
This duty of care and protection devolves upon the whole Church, yet it is especially through her Pastors that it must be exercised. Therefore diocesan Bishops, Eparchs and those who have the responsibility for a Particular Church must pay vigilant attention to protecting the weakest of those entrusted to her care.
Canon Law already provides for the possibility of removal from ecclesiastical office “for grave reasons”. This pertains to diocesan Bishops and Eparchs as well, and those who are by law equal to them (cf. can. 193 § 1 CIC; can. 975 § 1 CCEO). With this Letter my intention is to underline that among the aforesaid “grave reasons” is the negligence of a Bishop in the exercise of his office, and in particular in relation to cases of sexual abuse inflicted on minors and vulnerable adults, as stated in the Motu ProprioSacramentorum Sanctitatis Tutela promulgated by St John Paul II and amended by my beloved Predecessor, Benedict XVI. In such cases the following procedure is to be observed:
Article 1
§ 1. The diocesan Bishop or Eparch, or one who even holds a temporary title and is responsible for a Particular Church, or other community of faithful that is its legal equivalent, according to can. 368 CIC or can. 313 CCEO, can be legitimately removed from this office if he has through negligence committed or through omission facilitated acts that have caused grave harm to others, either to physical persons or to the community as a whole. The harm may be physical, moral, spiritual or through the use of patrimony.
§ 2. The diocesan Bishop or Eparch can only be removed if he is objectively lacking in a very grave manner the diligence that his pastoral office demands of him, even without serious moral fault on his part.
§ 3. In the case of the abuse of minors and vulnerable adults it is enough that the lack of diligence be grave.
§ 4. The Major Superiors of Religious Institutes and Societies of Apostolic Life of Pontifical Right are equivalent to diocesan Bishops and Eparchs.
Article 2
§ 1. In all cases in which there is foundational proof of what is contained in the previous article, the competent Congregation of the Roman Curia can open an inquiry into the case, informing the subject involved and giving the accused the possibility of providing documentation and testimony.
§ 2. The Bishop will be given the possibility to defend himself, something he can do by the means provided for by law. All stages of the inquiry will be communicated and he will always be given the possibility of meeting with the Superiors of the Congregation. This meeting will be proposed by the appropriate dicastery even should the Bishop himself take no initiative.
§ 3. In view of the arguments presented by the Bishop, the Congregation may decide to open a supplementary investigation.
Article 3
§ 1. Before making a decision, the Congregation may meet, when appropriate, with other Bishops or Eparchs belonging to the same Bishops’ Conference or Synod of Bishops of the sui iuris Church as the Bishop or Eparch in question, with the purpose of discussing the said case.
§ 2. The Congregation will adopt its determination when gathered in an Ordinary Session.
Article 4
Whenever the removal of a Bishop is held to be opportune, the Congregation, depending on the circumstances of the case, will establish whether:
1º. to issue, and in the briefest possible amount of time, a decree of removal;
2º. to fraternally exhort the Bishop to present his letter of resignation within a period of fifteen days. If the Bishop does not give his response within this period of time the Congregation can proceed to issue the decree of removal.
Article 5
The decision of the Congregation as stated in articles 3–4 must be submitted for the specific approval of the Roman Pontiff, who before making a definitive decision will take counsel with a special College of Jurists designated for this purpose.
Everything that I have deliberated in this Apostolic Letter given Motu Proprio must be observed in all its parts, notwithstanding anything to the contrary, even if it be worthy of particular mention, and I hereby set forth that it be published in the official records of Acta Apostolicae Sedis and promulgated in the daily edition of L’Osservatore Romano, and enter into force on 5 September 2016.
Vatican, 4 June 2016
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