An unholy conspiracy: the Vatican and clergy sexual abuse.

The ongoing sexual abuse scandal has hurt the Catholic church deeply. Yet many still seem to think that it is an "American problem" as so many cases occurred in the United States. However, that is far from the truth. The evidence below reveals the culpability of the Catholic hierarchy around the globe in blighting the lives of thousands of young men and women around the world.

The heart-rending stories beggar belief: boys and girls abused by trusted priests; bishops quietly transferring these sexual predators to other parishes putting other children at risk; nobody accepting any responsibility for these horrors and indeed attempting to conceal evidence.

Over 5,000 cases of child abuse by Catholic clergy have been reported in the media since 1995. At the same time, we have witnessed a cover-up of this abuse by authorities in the Catholic church: the abusers, their bishops, religious order superiors, and the highest officers in the Holy See. While voluminous press coverage of this problem in the US is available and it has even been suggested that this is a singularly American problem, sadly, for the world's children, the scandal reaches around the globe.

Public accounts from Argentina, Australia, Brazil, Canada, Chile, China, Colombia, France, Ireland, Mexico, New Zealand, the Philippines, Poland, South Africa, the United Kingdom, the United States, and many others have been reported by the media.

* In Brazil, newspapers recently reported accounts of twelve Catholic priests who sexually assaulted more than forty children.

* In May 2002, a Catholic leader in Hong Kong released information that three priests had been found guilty of child sexual abuse.

* In the Philippines, the bishops' conference estimates that 200 of the country's priests could be guilty of sexual misconduct and abuse occurring over the last twenty years.

* In Chile, at least five open cases of priests accused of sexually abusing minors were reported in early 2002.

* In January 2002, several religious orders in Ireland agreed to pay $110 million (USD) to people who, as children, had suffered physical and sexual abuse in schools and child care institutions run by the Catholic church.

* Since 1995, thirty priests in France have been convicted of sexual abuse; twenty-one similar cases were reported in Britain between 1995 and 1999, and between 1994 and 2001 in Germany, there were thirteen cases.

In many of the reported cases, it is not just mere priests who have been involved in allegations of abuse and cover-up, but prestigious members of the Catholic hierarchy. Between 1993 and June 2002, eleven bishops around the world resigned amid allegations of sexual abuse, or cover-ups of abuse.

In Austria, Hans Hermann Cardinal Groer of Vienna resigned in 1998 over allegations of his sexual abuse of boys at a seminary in the 1970s, and in Poland, the Most Reverend Juliusz Paetz, Archbishop of Poznan, resigned in March 2002, following similar allegations. In France, not only was a priest convicted of raping and molesting eleven children, his superior, Bishop Pierre Pican, was convicted of actively concealing evidence about the abuse. In Belgium in 1998, a criminal court ordered Cardinal Godfried Danneels and a local bishop to pay damages to a victim of child sexual abuse at the hands of a priest, recognizing the superiors' responsibility for oversight of the priest's actions.

One of Germany's leading prelates, Cardinal Karl Lehmann, when speaking of child sexual abuse by priests recently predicted that, "we can expect more revelations." In some cases, the sheer number of victims and claimants is staggering: at least fifty cases of clergy sexual abuse of children have been uncovered recently in Australia, where in 1993, nearly 200 former students of Catholic schools filed suit alleging rapes and beatings at the hands of religious brothers, while in Ireland and Canada thousands of cases of abuse of children committed to the church's care have been reported.

In 1992, a prominent investigative journalist and author reported on the North American experience of child abuse by clergy that he uncovered. He recounted that, "between 1983 and 1987, more than two hundred priests or religious brothers were reported to the Vatican Embassy [in the US] for sexually abusing youngsters, in most cases teenage boys--an average of nearly one accusation a week in those four years alone." (1) More recently, the Washington Post conducted a survey of US dioceses, to which roughly one-half replied. In the short period from January 2002 until June 2002, this study showed the Roman Catholic dioceses in the US removed at least 218 priests from their positions because of credible allegations of child sexual abuse against them. Furthermore, it uncovered that at least 850 priests have been accused of sexual misconduct with minors since 1960, and at least 350 were removed from their priestly roles before 2002. Estimates of financial costs are believed to have to run into the billions of dollars.

BLAME THE MEDIA

Some prominent officials of the Holy See falsely claim that the US media is at fault in exaggerating the number of instances of abuse and the complicity of the ecclesiastical leaders. (2) They also argue that while there may have been some isolated incidents around the world, the US is the epicenter of the crisis, and the site of the majority of the abuse.

These arguments are easily refuted. First, there has been no suggestion that the US media has not covered the story truthfully. Even the president of the United States Conference of Catholic Bishops, the Most Reverend Wilton Gregory, Bishop of Belleville in Illinois, publicly stated, "I have a great respect for the power of the media to do good. If, as seems to be the case, the current attention of the media has helped victims of abuse to come forward, this has been a great service" (3)

Many have argued that the dearth of cases reported outside of the US is due to the fact that reporting and prosecuting child sexual abuse, especially by clergy, is both culturally taboo as well as more difficult under existing laws. The chairman of the Association of Member Episcopal Conferences in Eastern Africa recently acknowledged this reality. He said, "this is not just an American problem ... we have not been open enough to acknowledge the situation." (4) A reporter in the Philippines interviewed a religious sister involved in the case of a girl from an indigenous T'boli community there. The reporter asked the nun why she did not report the abuse to the authorities. She replied that "she thought she had to protect the image of the church," the reporter recalled. (5) A leading scholar of the Mexican church, Roberto Blancarte, said, "police, prosecutors and society still tend t6 regard sex crimes victims as somehow culpable ... [and victims] fear they will be shamed in their community." (6) Whatever the cause of the lack of publicity, it is clear that the abuse of children by Catholic clergy and religious occurs around the world.

THE VATICAN RESPONDS

Since the scandal grabbed the public eye in early 2002, the Holy See has tightly put forth statements decrying the actions of these priests. However poignant and emotional, the statements themselves do not demonstrate the required commitment to protect children. Some supporters of the Vatican have gone so far to suggest that the Vatican did not know of the extent of the problem.

However, the Holy See would have received information about sexual abuse cases because it requires each diocesan bishop in the world to report on the state of his diocese every five years. Beginning in at least 1984, with the first case that became widely publicized in the US (from the diocese of Lafayette in Louisiana which resulted in a $1.25 million settlement), US bishops alone have been paying millions of dollars of diocesan funds to settle claims or comply with judgments against them in abuse cases. The Holy See is likely to have more information about these settlements than is available publicly, since it regularly reviews financial reports of dioceses and religious orders around the world.

Further, in compliance with canon law, every episcopal conference in the world transmits the agendas and minutes of its plenary meetings to the Holy See. The problem of clergy sexual abuse of minors was discussed in these meetings as early as 1985, when the US bishops reviewed an in-depth report on the growing scandal co-authored by the Reverend Thomas Doyle, a canon lawyer who was working for the Vatican Embassy. (7) The issue has resurfaced at many meetings since then. The Holy See would have been informed about the growing crisis at least upon receipt of the minutes of these meetings. At many conferences bishops have discussed the problem of child abuse by clergy and religious, and have drafted statements and even guidelines to address the problem on a national scale. In 1994, after consultation with bishops, some limited changes were made to the canon laws that address sexual abuse by priests and deacons in the US. Another change in the law--this time in 2001, and for all Catholics in the world--indicates that the Holy See saw this problem as serious and pervasive, requiring a change in the law not only for one country, but for the entire Catholic church. These changes in the law cannot be effected without direct involvement from the Holy See. Without a doubt, the Holy See was aware that its priests were abusing children in many countries.

THE POPE RESPONDS

The pope himself first commented publicly on the gravity of the situation nearly ten years ago, writing to the US bishops, "You are faced with two levels of responsibility: in relation to the clerics through whom scandal [of clergy sexual abuse of children] comes and their innocent victims, but also in relation to the whole of society systematically threatened by the scandal.... A great effort is needed.... "In November 1997, he urged the Belgian bishops to "take the lead in protecting youngsters from sex offenders." In 1999, he told the bishops of Ireland, "I have been close to you in suffering and prayer, commending to the `God of all comfort' those who have been victims of sexual abuse on the part of clerics or religious," although he did not propose any concrete action to punish these abusers. And in November 2001, after a special synod for the peoples of Oceania, he wrote, "In certain parts of Oceania, sexual abuse by some clergy and religious has caused great suffering and spiritual harm to the victims." He continued to claim that the Catholic church "is seeking open and just procedures to respond to complaints in this area, and is unequivocally committed to compassionate and effective care for the victims, their families, the whole community, and the offenders themselves." This last exhortation came just six months after the Holy See's legislation mandating secrecy and centralized control of clergy child sexual abuse. In light of even' these few examples, claims of ignorance by the Holy See and the pope himself are clearly disingenuous and the lack of action to protect children is patently obvious.

THE BISHOPS RESPOND

In the course of the past several years, many episcopal conferences have acknowledged the prevalence of clergy sexual abuse of children, and it has prompted them to draft statements and even guidelines to address the problem. Examples of conferences that have issued such documents include those representing Australia, Belgium, Canada, Costa Rica, England and Wales, France, Ireland, New Zealand, Scotland, South Africa, Switzerland, and the US. Unfortunately, the documents issued by these conferences are not legally binding on the diocesan bishops who administer the activity of the various Catholic churches throughout the world because the conference's legislative power is strictly limited by canon law. Likewise, the conferences have no authority to compel the individual bishops to comply with the norms or guidelines, or even with the church's own law. Intervention from the Holy See is required to give these documents any effective force, and to compel adherence by the bishops.

As we go to press, the Vatican is still reviewing the US bishops' recent proposals for dealing with child abusers in the ranks of US clergy. Some conservative insiders have predicted that the Vatican will reject the proposals, a claim denied by Vatican spokesman, Joaquin Navarro-Valls. The bishops, however, have taken other actions that don't require Vatican approval.

Following their semi-annual meeting in Dallas, Texas, in June 2002, the US bishops' conference created a National Review Board that will "assist and monitor" a proposed Office for Child and Youth Protection. This board, chaired by Frank Keating, governor of Oklahoma, acted first by requesting reports from each US diocese on its sexual abuse policy and practice. Despite early claims by Keating that the board will demand that bishops who covered up abuse will be held "legally accountable," he has had to backpedal from that assertion, and other members have spoken publicly denying that that is their charge. One must ask what effective action can be taken by a group of lay people attempting to enforce the bishops' recommendations when the bishops themselves cannot force their colleagues to follow the pope's laws in this matter. As Governor Keating described himself, he is "just one man with no authority." (8)

CANON LAW

In order for us to take seriously the church hierarchy's protestations that they are taking the crisis seriously, some changes may need to be made to church laws so that, in addition to any repercussions under criminal law, those guilty of abuse may be punished by the church as well.

As the highest organ of government of the Catholic church, the Holy See administers its law, canon law, throughout the world for over 1 billion adherents. The Code of Canon Law (the "code") provides the legal underpinning not only for the fundamental legislation of the Vatican City State, but it also spells out the constitutive and disciplinary scheme of the Roman Catholic church and is applicable to all members throughout the world. There are many canon laws that touch on this issue, yet they have been consistently ignored, inadequately applied, or wrongly applied in favor of the church authorities and its institutional image.

The code makes several assertions of basic rights that are applicable to the protection and defense of children. A few examples of these rights demonstrate that all subjects have the right under the law to express their needs to their local authorities, the bishops. The rights to privacy and to maintain one's good reputation are also enumerated. The code also states clearly that Christians have the right to defend their rights (these and others) in a competent church forum, in accord with the law.

The code provides a detailed judicial process to investigate, confirm or repudiate claims, and punish clergy sexual abuse of minors, which is defined as a criminal act. It even prescribes a penalty for negligence, which could be asserted in these cases when a superior has failed to investigate or punish instances of actionable offenses brought to his attention. Responsibility for handling cases of clerical sexual abuse of children usually lies first with the diocesan bishop, and ultimately with the Holy See.

There is no reporting available of bishops who have followed the Holy See's laws regarding these cases. Rather, there is instance after instance of abusive priests being moved between parishes, of some being sent for psychological evaluation and treatment only to be returned to situations where they abused children again, and of diocesan bishops entering into monetary settlements on conditions of secrecy.

In 2001, the Holy See issued a little-publicized but important change in the law, in which it directed all the bishops of the world to inform one of its offices, the Congregation for the Doctrine of the Faith, if they receive an allegation of child sexual abuse by a cleric. This same law prohibits the bishops or other church authorities from taking any action beyond a preliminary investigation of the allegation without further direction from the Holy See, requires that only priests may be involved in handling cases of child sexual abuse by a cleric, and subjects all these cases to "the pontifical secret." Clearly this needs to change if the world is to take seriously any official Vatican response to this crisis.

THE UN CONVENTION

A very public way in which the Vatican could show that it is working to resolve this crisis seriously is at the United Nations. The Holy See was one of the first to accede to the United Nations Convention on the Rights of the Child in 1990. By its accession, the Holy See accepted the responsibilities of the Convention, and agreed to implement its provisions to further the good of children throughout the world. Although signatories need not be fully in compliance with the Convention at the time of ratification, a party is expected to comply with the Convention's obligations within a reasonable time after ratification. The Holy See has now had twelve years to comply.

After acceding to the Convention in 1990, the Holy See submitted its initial report in 1994, following the requirements of the Convention. However, its follow-up reporting, required in 1997, has not yet been submitted. Given the evidence of a long standing problem of clergy and religious sexual abuse around the world, it is troubling that the Holy See omitted any mention of the crisis in its 1994 report to the Committee. There is no indication that the church authorities have utilized the provisions of secular or ecclesiastical law, nor that the Holy See encouraged compliance with its own law or with the Convention even though officials of the Holy See were acutely aware of the problem.

The only conclusion to be drawn is that the Holy See has been at least willfully ignorant, if not culpably negligent, in regard to sexual abuse of children by its representatives, preferring instead to maintain an institutional silence at the peril of those very children they purport to protect under the aegis of their mission, law and the provisions of the Convention on the Rights of the Child.

NOTES

(1) Jason Berry, Lead Us Not Into Temptation: Catholic Priests and the Sexual Abuse of Children, University of Illinois Press, 2000, xxi.

(2) Cardinal Oscar Rodriguez Maradiaga, 30 Giorni, May 2002.

(3) United States Conference of Catholic Bishops, "A Catholic Response to Sexual Abuse: Confession, Contrition, Resolve," Presidential Address by Bishop Wilton D. Gregory, Dallas, Texas, June 13, 2002, http://www.usccb.org/bishops/presidentialaddress.htm (cited 9 August 2002).

(4) "East African Bishops Confront Sexual Abuse," Panafrican News Agency Daily Newswire, July 29, 2002.

(5) Marites Sison, "Philippines: U.S. church scandals bring focus on local abuse," Inter Press Service, July 5, 2002.

(6) Kevin Sullivan and Mary Jordan, "Reluctant Mexican Church Begins to Question its Own," Washington Post, April 17, 2002.

(7) Steve Twomey, "For 3 Who Warned the Church, Fears Borne Out," Washington Post, June 13, 2002.

(8) Janice D'Arcy, "Church Watchdog On Prowl; Oklahoma Governor Sinking His Teeth Into Role as Monitor," Hartford Courant, June 19, 2002.

Recommendations for Action

The following are some of the recommendations that the Shadow Report makes:

The Holy See should:

* Reinstate contributions to UNICEF to provide reparations to the world's children

* Rescind new requirements of secrecy in cases of clergy abuse of children

* Prohibit child abusers--clergy, religious, and laity--from working in church institutions and organizations that serve children

The UN Committee on the Rights of the Child should:

* Compel the Holy See to submit a current report on its compliance with the Convention on the Rights of the Child--including a report on the crisis of child abuse within the church

* Inquire from other States Parties to the Convention about child abuse by Catholic clergy and religious in their countries and how they are addressing it

Member States should:

* Refuse to allow church authorities to hide behind diplomatic privileges in regard to reporting and punishing abusers

* Demand professional codes of conduct be applied to religious persons who have contact with children

RELATED ARTICLE: Fallout from the Crisis in the US.

* There have been signs that the legislative clout of the Catholic hierarchy may be declining. Legislatures in heavily Catholic areas, including Massachusetts, New Jersey, Connecticut and New York, have proposed or passed bills that the hierarchy either opposed, or would have done so, had the sexual abuse scandal not engulfed the church. The bills relate to a variety of issues, including reporting sexual abuse, parental consent for teenagers seeking abortions and gay marriage. New York Assemblyman John McEneny said, "let's face it, they've lost the moral ground in their own parishes, and you've got a lot more legislative free agents as a result."

* President George W Bush declined an invitation to address the Catholic Health Association's annual conference that also served to celebrate the association's 275th anniversary. Bush expended considerable time and resources wooing the Catholic vote, both before and after the election in November 2000, but his decision not to attend the CHA's meeting may be a sign that he is backing off following the sexual abuse scandal.

* Churches in San Jose, California, will install windows in some confessionals to guard against sexual abuse by priests. It is the first US diocese to require glass doors and walls, but new confessionals in several European countries have already adopted this strategy.

* The ten active federal judges in South Carolina have unanimously agreed to ban secret legal settlements, including those frequently used by dioceses in cases of abusive priests. The judges said the court's prior practice of approving such settlements have made the courts complicit in hiding the truth about sexually abusive priests. The Chief Justice said he would not be involved in the selling of secrecy as a commodity.

This report is drawn from CFFC'S The Holy See and The Convention on the Rights of the Child: A Shadow Report, a document prepared for the Thirty-first Session of the UN Committee on the Rights of the Child, to address the crisis of child sexual abuse in light of the Holy See's accession to the Convention on the Rights of the Child. To order copies of the full report, see the advert on page 11.

Sara Morello, JCL, is a senior associate at Catholics for a Free Choice.