Last week’s post examined the definition of rights of persons in the Church as part of the sixth principle that influenced the 1983 Code. Today’s post considers the second part of the principle, namely, the safeguarding of 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.”
Unlike the first principle, which focuses on defining obligations and rights of each person, the sixth principle focuses more on safeguarding rights, reinforcing the exercise of authority as service, and avoiding abuses. The sixth principle corresponds to the spirituality of canon law because when rights are safeguarded and authority is not abused, participation in the sacraments increases, thereby deepening the faithful’s relationship with God and improving their journey of holiness.
Canon law safeguards rights through a three‑fold approach: defining the rights of the faithful, establishing procedural guarantees, and reinforcing the exercise of authority as service.
The first way to safeguard rights is to define them because what is not defined cannot be defended. Defining rights helps everyone know what those rights are, because without a clear definition, there can be abuse of power or confusion about what the right thing to do is. In other words, clarity about rights leads to accountability in the exercise and safeguarding of those rights. For instance, canon 219 provides that the faithful have the right to be free from coercion in choosing a state of life. This knowledge helps the faithful in their choices.
Second, defining rights gives one legal standing by making them enforceable; one can then appeal, seek recourse, or claim protection under the law. For instance, canon 213 states that Christ’s faithful have the right to be assisted by their pastors, especially by the Word of God and the sacraments. This right imposes a corresponding obligation on sacred pastors. Hence, canon 843 §1 states: “Sacred ministers cannot deny (denegare non possunt) the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them.” One who is denied a sacrament when properly disposed, not prohibited by the law, and having requested it at the appropriate time can challenge the decision to deny one of the sacraments. Of course, holy orders are excluded because ordination is not a right.
Third, defining the rights guides the ecclesiastical authority in governing justly and rightly. For instance, the law emphasises an individual’s right to good reputation and privacy, which directs the actions and words of the ecclesiastical authority to avoid harming the good reputation of others illegitimately (Can. 220). Fourth, defining the rights educates and empowers the faithful because when the faithful know their rights, they can defend them. For instance, canon 212 §3 gives the faithful the right to make their opinions known to pastors on matters which concern the good of the Church. This encourages responsible dialogue and participation.
Fifth, defining the rights prevents ecclesiastical authority from abusing power and violating the rights of the faithful. For instance, the right to be punished only according to the law (cf. Can. 221 §3) prevents abuse of authority, such as the misuse of precautionary measures as penalties (see. 1711).
In all, the exercise of ecclesial rights must consider the common good of the Church, the rights of others, and one’s obligation to others (Can. 223 §1).
The second category of safeguarding rights is the establishment of procedural guarantees that ensure fair trials and due process. Here, one mentions that the purpose of trials is to vindicate the rights of physical or juridic persons, to declare juridic facts, and to impose or declare a penalty for delicts (Can. 1400 §1). To ensure that procedures are followed, the law defines the right that guarantees a fair trial. Canon 221 provides that the faithful “can legitimately vindicate and defend the rights which they possess in the Church in the competent ecclesiastical forum according to the norm of law” (§1), “have the right to be judged according to the prescripts of the law applied with equity” (§2), and “have the right not to be punished with canonical penalties except according to the norm of law” (§3). Procedural justice, which refers to the fairness of the processes and procedures used to make decisions, resolve disputes, and administer justice, is indispensable. To ensure procedural justice, there is the office of the promoter of justice (Can. 1430) and the defender of the bond (Can. 1432).
Furthermore, canon 50 provides that before issuing a decree, the authority is to seek the necessary information and proof, and, “as far as possible, consult those whose rights could be harmed.” Moreover, the presumption of innocence is now the principal principle in penal law, rather than the presumption of imputability. This means that the burden of proof now lies on the accuser rather than the defender (Can. 1321 – new Book VI).
The third category of safeguarding rights is reinforcing the exercise of authority as a service and obliging the hierarchy to exercise its governing power as a service to justice. Authority in the Church originates from Christ Himself, who came “not to be served, but to serve” (Mt 20:28). Those who exercise authority share in Christ’s pastoral mission and are called to govern in His name. Since the salvation of souls is the supreme law (Can. 1752), every act of governance, judgment, and administration must serve the spiritual welfare of persons. Hence, the law sometimes forbids a unilateral decision without consultation (Can. 127). Bishops must show special concern for their priests, listening to them and ensuring their needs are met (Can. 384). Superiors of religious institutes are to exercise their authority, which they receive from God, “in a spirit of service” (Can. 618).
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
