The past few weeks focused on the fifth principle that influenced the 1983 Code, namely, subsidiarity. Today’s post examines the sixth principle, which concerns appropriately defining and safeguarding the rights of persons in the Church.
The sixth principle states: “On account of the fundamental equality of all members of the Christian faithful and the diversity of offices and functions rooted in the hierarchical order of the Church, it is expedient that the rights of persons be appropriately defined and safeguarded. This brings it about that the exercise of authority appears more clearly as service, that its use is more clearly reinforced, and that abuses are removed.” Today’s post focuses on defining rights.
This sixth principle is similar to the first principle, which emphasises that the new Code must define and protect the rights and obligations of each person towards others and towards the ecclesiastical society to the extent that these rights and obligations pertain to divine worship and the salvation of souls.
Just as the first principle, the sixth principle contributes to the spirituality of canon law by safeguarding the rights of Christ’s faithful, reinforcing the exercise of authority as service in facilitating the journey of holiness, and avoiding abuses that undermine it, ultimately promoting the salvation of souls.
The first part of the sixth principle restates the teachings of the Second Vatican Council on the fundamental equality of all members of the Christian faithful, rooted in the reception of baptism (Lumen Gentium, 32). This is now codified in canon 208, which states, “From their rebirth in Christ, there exists among all the Christian faithful a true equality regarding dignity and action by which they all cooperate in the building up of the Body of Christ according to each one’s own condition and function.” Hence, although there is a fundamental equality, there is also a diversity of offices and functions to be carried out by each person according to their status and level in the hierarchy.
On the other hand, canon law recognises six different types of rights: human, ecclesial, ecclesiastical, communal, civil, and contractual.
Human rights are fundamental rights derived from the nature and dignity of the human person and are recognised in the United Nation’s Universal Declaration of Human Rights (UDHR).
These rights include the right to life, personal liberty, marriage and family, education, ownership of property, freedom of movement, freedom of thought, freedom of conscience and religion, freedom of opinion and expression, freedom of assembly and association. These rights are also mentioned in the Second Vatican Council document, Gaudium et Spes (n. 26).
The term ‘ecclesial’ differs from ‘ecclesiastical’ in that ‘ecclesial’ refers to the Church as opposed to secular society. In contrast, ‘ecclesiastical’ refers to the Church’s hierarchy, rituals, and administrative structures.
The second type of rights is ecclesial rights, acquired through one’s baptism and membership in the Church. The Second Vatican Council affirms God’s initiative to gather individuals who constitute the people of God as people to serve him in holiness (Lumen Gentium, 9). Hence, the Church is seen “as a people made one with the unity of the Father, the Son and the Holy Spirit” (Lumen Gentium, 4). This is the basis of the Church’s concept of communion (communio).
The reception of baptism expresses this communion because, through the reception of the sacrament, individuals are incorporated in Christ, are constituted the people of God, participate in the threefold office of Christ as priest, prophet and king (Can. 204), and are fully in the communion of the Catholic Church (Can. 205). Therefore, baptism is not just a gateway to life in the Spirit (vitae spiritualis ianua) and the door which gives access to the other sacraments (CCC, 1213), but that from which stems the obligation and rights of all Christ faithful.
The rights flowing from baptism include the right to participate in evangelisation (Can. 211), the right to manifest to their pastors views on matters concerning the good of the Church (Can. 212 §3), the right to be assisted by their pastors from the spiritual riches of the Church (Can. 213), the right to worship God according to the provisions of their rite (Can. 214), the right to freely establish and direct associations for charity, piety or promotion of Christian piety (Can. 215), the right to initiate and promote apostolic action (Can. 216), the right to Christian education (Can. 217), the right to be free from coercion in choosing a state of life (Can. 219), the right to punished only according to the law (Can. 221 §3), the right to Christian marriage (Can. 1058), and the right to Christian funeral (Can. 1176 §1). Since these are rights stemming from baptism, the ecclesiastical authority can moderate their exercise (Can. 223 §2).
Within the ecclesial rights, rights are further subdivided along the two broad categorisations of Christ’s faithful (Can. 207 §1) – clergy (Cann. 273-289) and laity (Cann. 224-231).
Among the rights of the laity are the right of parents to educate their children (Can. 226 §2), the right to have their freedom in secular affairs common to all citizens recognised (Can. 227), the right to acquire appropriate knowledge of Christian doctrine in order to live according to it, to announce it, to defend it when necessary, and to play their part in exercising the apostolate (Can. 229 §1), and the right to acquire fuller knowledge of the sacred sciences by pursuing academic degrees taught in ecclesiastical universities and faculties (Can. 229 §2). Among the rights of clerics are the right to associate with others for purposes aligning with the clerical state (Can. 278 §1), the right to a worthy remuneration (Can. 281 §), the right to social assistance if they suffer from illness, incapacity or old age (Can. 281 §2), and the right to a fitting and sufficient time of vacation each year as determined by universal or particular law (Can. 283 §2).
Ecclesiastical rights are rights based on Church law and applicable to those who hold public office in the Church. One acquires these rights through the canonical provision of an office (Can. 147). They include the rights of ecclesiastical office holders proper to their office.
Communal rights are those which one derives by membership in a religious institute through profession (Can. 654) or through membership in an association of the faithful (Can. 306).
Civil rights are the rights one acquires by being a citizen of a country. Canon 22 provides for the canonisation of civil law when it states that civil law is to be observed in some canonical matters. The 1983 Code of Canon Law identifies about forty instances, such as adoption (Can. 110), property law (Can. 1259), contracts (Can. 1290), and arbitration (Can. 1714).
Finally, contractual rights are those that arise when a physical or juridical person enters into a legally binding contract. Canon 1290 obliges all persons to observe the provisions of the civil law on contracts and their dispositions.
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
