Children's Rights and Obligations in Canon Law

The Christening Contract
Erscheinungsjahr 2019
ISBN: 978-90-04-41116-6
Verlag: Brill

Buch, Englisch, Band 14, 534 Seiten, Format (B × H): 162 mm x 239 mm, Gewicht: 904 g

Reihe: Studies in Religion, Secular Beliefs and Human Rights

In the first study of its kind Mary McAleese subjects to comprehensive scrutiny the Roman Catholic Church’s 1983 Code of Canon law as it applies to children. The Catholic Church is the world’s largest non-governmental organisation involved in the provision of education and care services to children. It has over three hundred million child members world-wide the vast majority of whom became Church members when they were baptised as infants. Canon law sets out their rights and obligations as members. Children also have rights which are set out in the 1989 United Nations Convention on the Rights of the Child to which the Holy See is State Party. The impact of the Convention on Canon Law is examined in detail and the analysis charts a distinct and worrying sea-change in the attitude of the Holy See to its obligations under the Convention since the clerical sex abuse scandals became a subject of discussion at the Committee on the Rights of the Child, which monitors implementation of the Convention.

Mary McAleese wins Europe’s richest theology prize for her study of canon law.

The former President of Ireland Mary McAleese has won one of the Catholic world’s most prestigious prizes, the Alfons Auer Ethics Award, from Tübingen University in Germany for her doctoral thesis on Children’s Rights and Obligations in Canon Law.

Autoren/Hrsg.

McAleese, Mary

Fachgebiete

• Geisteswissenschaften Christentum, Christliche Theologie Christentum/Christliche Theologie Allgemein Kirchenrecht, Kirchenverwaltung
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

Acknowledgments

List of Abrreviations

Introduction

1Objective and Scope of the Research

2State of the Question

3Methodology

1Children as Rights Holders

1A basic framework

1.1 Internal Considerations

1.2 External Considerations

2A Brief History of the Development of Children’s Rights

2.1 Conflicting Views of Childhood from Antiquity to the Modern Era

2.2 Early Christian Teachings and Children’s Rights

2.3 The Influence of the Old and New Testaments

2.4 Church, State and Patria Potestas

2.5 The Impact of the Enlightenment and Romanticism

2.6 Children’s Rights in the Early Twentieth Century

2.7 The United Nations and Children’s Rights

3Background to Children’s Rights in Current Canon Law

3.1 The Second Vatican Council and Children

3.2 Children’s Rights in Drafting the 1983 Code of Canon Law

3.3 The Idea of Rights of the Faithful

3.4 Children’s Rights in Post CIC Church Documents

2The Code of Canon Law and Children

1Terminology

1.1 The Canonical 'person'

1.2 The Word 'child'

1.3 Age and the Child in Canon Law

1.4 The Unborn

1.5 Minor

1.6 Infant

1.7 Non sui compos

1.8 Post Infancy Minority to Adulthood

2Who is a 'child' in Canon Law

2.1 Problems with the Term 'child'

2.2 Interpreting the Terms Pueri (Children) and iuvenis (youth)

2.3 Problems with the Terms Infans (Infant) and Minor (Minor)

2.4 Use of the Term 'Childhood'

3The Canonical Effects of Baptism on Children

3.1 The Spiritual/Theological Effects of Baptism

3.2 The Ecclesial/Juridic Consequences of Baptism

3.3 The Paedobaptized and Credobaptized

4Completing Sacramental Initiation and Its Canonical Effects

4.1 The Meaning of 'full Christian initiation'

4.2 Initiation and Membership

4.3 Penance

4.4 The Sacrament of the Eucharist and Children’s Rights and Obligations

4.5 The Sacrament of Confirmation and Children’s Rights and Obligations

5The Rights and Obligations of Others Which Affect Children

5.1 Rights and Obligations of the Child’s Parents

5.2 Church Rights and Obligations Regarding the Child’s Education and Upbringing

5.3 Teachers

5.4 Rights and Obligations of a Child’s Godparents/Sponsors

5.5 Rights and Obligations of the Child’s Pastor

5.6 Rights and Obligations of the Child’s Diocesan Bishop or Ordinary

5.7 Rights and Obligations of the Child’s Catholic Community

5.8 Rights and Obligations of the Pope and Magisterium with Regard to the Child

5.9 The Catholic Child’s All-Embracing Catholic Milieu

6Children’s Rights and Obligations in the CIC

6.1 The Basic Canons: Cann. 11, 96, 97, 98, 111 and 112

6.2 Rights and Obligations of Infant Minors from Birth to Age Seven

6.3 Infant Minors’ Rights to the Sacraments

6.4 Rights and Obligations of Minors Aged Seven and Upwards

6.5 The CIC and the Child’s Evolving Capacities

7Rights and Obligations of the Christian Faithful and Laity

7.1 Rights and Obligations of the Christian Faithful. The Introductory Canons, 204–207

7.2 Rights and Obligations of the Christian Faithful: Canons 208–223

7.3 General Rights and Obligations of the Laity Canons 224–231

7.4 Additional General Rights and Obligations of the Faithful and the Laity

8Rights of the Non-Baptized Child

3Canon Law and the UN Convention on the Rights of the

1The Holy See and the CRC in Dispute

2The United Nations Convention on the Rights of the Child 1989

2.1 Children’s Rights under the UNCRC

2.2 Compliance with the UNCRC

3The Holy See and the United Nations

4The Holy See and the UN Convention on the Rights of the Child

4.1 Distinct but Related, the Holy See, the Vatican City State and the Catholic Church

5The Holy See’s UN Treaty Compliance Reports

5.1 The Holy See and the CERD398

5.2 The Holy See and the CRC

6Canon Law and the uncrc – An Inconclusive State of Affairs

Conclusion

Bibliography

Index of Authors

Über Autor(innen)

Mary McAleese, JDL (2019), Pontifical Gregorian University, is Professor of Children, Religion and Law at the University of Glasgow. She is both a civil and canon lawyer and was President of Ireland 1997-2011. Her publications include Quo Vadis, Collegiality in the Code of Canon Law (Columba Press, 2012).