Last week’s post examined the right of Christ’s faithful to establish and direct associations. Today’s post focuses on canon 219, which states, “All Christ’s faithful have the right to immunity from any kind of coercion in choosing a state in life.”
This canon centres on the dignity of the human person, which is at the heart of Christianity. The Second Vatican Council teaches that all humans have equal dignity because they “possess a rational soul and are created in God’s likeness, have the same nature and origin, have been redeemed by Christ and enjoy the same divine calling and destiny” (Gaudium et Spes, 29). The declaration of the Dicastery for the Doctrine of the Faith on human dignity, Dignitas Infinita, begins: “Every human possesses an infinite dignity, inalienably grounded in his or her very being, which prevails in and beyond every circumstance, state, or situation the person may ever encounter” (n.1).
Therefore, all forms of discrimination, social or cultural, whether based on sex, race, colour, social condition, language or religion, should be avoided because they contradict God’s intention (Gaudium et Spes, 29). The Second Vatican Council’s Declaration on Religious Freedom, Dignitatis Humane, affirms: “A sense of the dignity of the human person has been impressing itself more and more deeply on the consciousness of contemporary man, and the demand is increasingly made that men should act on their own judgment, enjoying and making use of a responsible freedom, not driven by coercion but motivated by a sense of duty” (Dignitatis Humanae, 1).
Consequently, the United Nations Universal Declaration on Human Rights recognises the dignity of the human person as the source of inalienable human rights. Hence, it states in the preamble that the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.”
Therefore, flowing from the dignity of the human person, canon 219 emphasises the right of all Christ’s faithful to immunity from coercion in choosing a state of life. It is important to note that this right is worded in a way that avoids interpreting choosing a state of life as a fundamental right. Hence, it does not say that each person has a right to choose the state they desire in life, which would imply that a seminarian or a novice can claim to have a right to be ordained a priest or be admitted to a religious institute respectively or that an impotent person or an undispensed cleric can claim the right to marriage.
Instead, the law states that all Christ’s faithful have the right not to be coerced to choose any state of life. This immunity also means one cannot coerce another not to choose a state of life. Coercing one not to be ordained or not to remain single, or not to marry violates this right. One must emphasise that the focus is not on ‘entering into’ a state of life but on ‘choosing’ it.
Therefore, this right means one can choose to be ordained or admitted to the religious institute, even if the parents oppose it. Church history is replete with stories of vocations which parents opposed. It also means that, unlike customary marriages wherein parental consent is indispensable for the validity of the marriage, one can freely and validly contract a canonical marriage even if the parents oppose it. This is why not obtaining parental consent is not one of the impediments to contracting canonical marriage.
To further explain this point, one clarifies that customary marriage (at least among Igbos) is between a man and the father (or legal representative) of the bride, who receives the consent (bride price) from the intending husband on behalf of the bride. This is why parental consent is indispensable. On the other hand, canonical marriage comes into being when a man and a woman lawfully exchange consent, which mutually give and accept one another for the purpose of establishing a marriage. No human power cannot supply this consent (Can. 1057).
The immunity from coercion is essential in the journey of holiness because moral imputability is individualistic, and salvation is ultimately personal.
God has given each person the freewill to make choices. If it had not been so, then we would have been like robots, automated according to the design of God. There would not have been the discourse on holiness because, as automated designs of God, we would have been as holy as God, eliminating the need for a journey towards holiness. The idea of freedom is evident in the Incarnation of Jesus because it was after Mary freely accepted to be the mother of God that Jesus was incarnated into her womb (Luke 1:26-38). We extol Mary’s virtues and learn from her because she acted freely. Jesus acted freely throughout his life. This is why he invites us to come and learn from him as we journey towards holiness.
As a result of this right to immunity, the law attaches invalidity to choices made because of coercion. The canonical terms here are force (vis) and grave fear (metus gravis). An external force (physical or psychological) imposed on a person irresistibly compels the person to act out grave fear (ex metu gravi). Canon 1103 states: “A marriage is invalid which was entered into by reason of force or of grave fear imposed from outside, even if not purposely, from which the person has no escape other than by choosing marriage.” This is why freedom of choice is ascertained before marriage (through interview), ordination and religious profession (through handwritten applications). Regarding the religious, one who enters the institute through force, fear or deceit is invalidly admitted to the novitiate (Can. 643 §1, 4°). A profession made with force, fear, or deceit is invalid (Can. 656, 4°).
Other canonical references for invalidity of an act due to force or grave fear include juridical act (Can. 125), the vote given at an election (Can. 172 §, 1°), resignation from an ecclesiastical office (Can. 188), a vow made (Can. 1191 §3), an oath done (Can. 1200 §2), the remission of a penalty (Can. 1360), judicial confession (Can. 1538), and judgement given (Can. 1620, 3°).
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
