It is clear enough that the new process is administrative, rather than judicial, but, in presenting the motu proprio, Fr Federico Lombardi claimed that it was “not a penal procedure” because it concerned cases of “negligence” rather than “crime”.
Advertisement
Francis said that the law will include language specifically stating that negligence in handling abuse cases will be counted among the “grave reasons” a bishop might be removed.
Since taking office, Pope Francis has met with survivors of sexual assault and established that under Vatican law, sexual violence against children is a crime.
But the new law was immediately criticized by survivors of abuse as essentially window dressing since there were already ways to investigate and dismiss bishops for wrongdoing – they were just rarely used against bishops who failed to protect their flocks from pedophiles.
“We doubt this one will be”, SNAP’s David Clohessy said.
The letter establishes the long-awaited procedural norms for the removal of diocesan bishops for negligence in cases involving clerical sexual abuse, which were first announced a year ago. Francis’ sex abuse advisory board had recommended that the Congregation prosecute negligent bishops because it already oversees actual sex abuse cases against clergy. This harm can be physical, moral, or spiritual, and it does not have to be linked, per se, to instances of child sexual abuse, though that will undoubtably be foremost in the new norms’ intention.
But that proposal posed a host of legal and bureaucratic issues and ran into opposition from bishops and the Vatican bureaucracy.
The Pope said in a statement on Saturday: “A bishop may legitimately be removed from office for acts committed or omitted by negligence, resulting in the provocation of grave damage to others”.
The Roman Catholic Church has been rocked over the past 15 years by scandals over priests who sexually abused children and were transferred from parish to parish instead of being turned over to authorities and being defrocked.
The procedures call for the Vatican to start an investigation when “serious evidence” is provided that a bishop was negligent.
The fourth article specifies that should the Congregation consider it appropriate to remove the bishop from office, it will determine on the basis of the circumstances of the case whether to issue, as soon as possible, the decree for removal, or to fraternally exhort the bishop to present his resignation within a period of fifteen days.
Advertisement
Finally, the decision of the Congregation must be subject to specific approval by the Roman Pontiff who, prior to assuming a definitive decision, will be assisted by a special College of legal experts, designated for the goal. The bishop himself doesn’t need to be morally guilty. Joseph, Missouri, and Archbishop John Nienstedt in St. Paul and Minneapolis.
