Mandatory reporting legislation and the seal of confession in light of the prevention of child abuse and religious freedom: Part II

Introduction; I. The Catholic Church and the Measures of Prevention of Abuse; II. The Penitential Discipline and Secrecy of Confession in the Early Church, 1. The Public Penance (Exomologesis, Poenitentia Secunda), a. Power of binding and loosing is given to the bishops and by extension to priests,...

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Autor principal: Jovicic, Goran (Author)
Tipo de documento: Print Artigo
Idioma:Inglês
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Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Publicado em: 2022
Em: Folia theologica et canonica
Ano: 2022, Volume: 11(33/25), Páginas: 127-147
(Cadeias de) Palavra- chave padrão:B Liberdade de religião / Segredo de confissão / Menor / Proteção
Classificações IxTheo:SB Direito canônico
Outras palavras-chave:B Inviolability of the Seal of Confession
B Protection of Religious Freedom
B Safeguard of Minors
B Prevention of Abuse
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Resumo:Introduction; I. The Catholic Church and the Measures of Prevention of Abuse; II. The Penitential Discipline and Secrecy of Confession in the Early Church, 1. The Public Penance (Exomologesis, Poenitentia Secunda), a. Power of binding and loosing is given to the bishops and by extension to priests, b. Confession (Exomologesis), Acceptance of Penance and Excommunication, c. Satisfaction, d. Absolution
Lately, with the adoption of mandatory reporting laws in some US states (North Carolina, Oklahoma, Rhode Island, and Texas) “any person” is considered to be mandatory reporter; in others the clergy are listed explicitly as mandatory reporters, whereas in still others - for example, in Washington State - clergy are not listed and the clergy-penitent privilege is affirmed within the reporting laws. Despite the existence of mandatory reporting laws in the United States, the clergy-penitent privilege seems to be more protected there than in other countries using British common law. As we observed in the previous article, the clergy-penitent privilege appears to be under greater threat in the British common law realm—in countries such as the UK, Australia, Ireland and New Zealand and the USA—than in the European civil law. The recent discoveries of abuse in most of those countries greatly hurt the reputation of the Church, since the cover up was mainly perpetrated in order to protect the reputation of the Church rather than to protect the victims. Therefore, an outrage on the part of these countries is understandable; but it should not lead to another injustice, violation of religious freedom and abuse of the sacrament of confession.
ISSN:2063-9635
Obras secundárias:Enthalten in: Folia theologica et canonica