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Children's Rights and Obligations in Canon Law
The Christening Contract
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In the first study of its kind Mary McAleese subjects to comprehensive scrutiny the Roman Catholic Churchâs 1983 Code of Canon law as it applies to children. The Catholic Church is the worldâs largest non-governmental organisation involved in the provision of education and care services to children. It has over three hundred million child members world-wide the vast majority of whom became Church members when they were baptised as infants. Canon law sets out their rights and obligations as members. Children also have rights which are set out in the 1989 United Nations Convention on the Rights of the Child to which the Holy See is State Party. The impact of the Convention on Canon Law is examined in detail and the analysis charts a distinct and worrying sea-change in the attitude of the Holy See to its obligations under the Convention since the clerical sex abuse scandals became a subject of discussion at the Committee on the Rights of the Child, which monitors implementation of the Convention.
Mary McAleese wins Europeâs richest theology prize for her study of canon law.
The former President of Ireland Mary McAleese has won one of the Catholic worldâs most prestigious prizes, the Alfons Auer Ethics Award, from Tübingen University in Germany for her doctoral thesis on Childrenâs Rights and Obligations in Canon Law.
Mary McAleese wins Europeâs richest theology prize for her study of canon law.
The former President of Ireland Mary McAleese has won one of the Catholic worldâs most prestigious prizes, the Alfons Auer Ethics Award, from Tübingen University in Germany for her doctoral thesis on Childrenâs Rights and Obligations in Canon Law.
Mary McAleese, JDL (2019), Pontifical Gregorian University, is Professor of Children, Religion and Law at the University of Glasgow. She is both a civil and canon lawyer and was President of Ireland 1997-2011. Her publications include Quo Vadis, Collegiality in the Code of Canon Law (Columba Press, 2012).
Acknowledgments
List of Abrreviations
âIntroduction
â1Objective and Scope of the Research
â2State of the Question
â3Methodology
â1Children as Rights Holders
â1A basic framework
â1.1âInternal Considerations
â1.2âExternal Considerations
â2A Brief History of the Development of Childrenâs Rights
â2.1âConflicting Views of Childhood from Antiquity to the Modern Era
â2.2âEarly Christian Teachings and Childrenâs Rights
â2.3âThe Influence of the Old and New Testaments
â2.4âChurch, State and Patria Potestas
â2.5âThe Impact of the Enlightenment and Romanticism
â2.6âChildrenâs Rights in the Early Twentieth Century
â2.7âThe United Nations and Childrenâs Rights
â3Background to Childrenâs Rights in Current Canon Law
â3.1âThe Second Vatican Council and Children
â3.2âChildrenâs Rights in Drafting the 1983 Code of Canon Law
â3.3âThe Idea of Rights of the Faithful
â3.4âChildrenâs Rights in Post CIC Church Documents
â2The Code of Canon Law and Children
â1Terminology
â1.1âThe Canonical «person»
â1.2âThe Word «child»
â1.3âAge and the Child in Canon Law
â1.4âThe Unborn
â1.5âMinor
â1.6âInfant
â1.7âNon sui compos
â1.8âPost Infancy Minority to Adulthood
â2Who is a «child» in Canon Law
â2.1âProblems with the Term «child»
â2.2âInterpreting the Terms Pueri (Children) and iuvenis (youth)
â2.3âProblems with the Terms Infans (Infant) and Minor (Minor)
â2.4âUse of the Term «Childhood»
â3The Canonical Effects of Baptism on Children
â3.1âThe Spiritual/Theological Effects of Baptism
â3.2âThe Ecclesial/Juridic Consequences of Baptism
â3.3âThe Paedobaptized and Credobaptized
â4Completing Sacramental Initiation and Its Canonical Effects
â4.1âThe Meaning of «full Christian initiation»
â4.2âInitiation and Membership
â4.3âPenance
â4.4âThe Sacrament of the Eucharist and Childrenâs Rights and Obligations
â4.5âThe Sacrament of Confirmation and Childrenâs Rights and Obligations
â5The Rights and Obligations of Others Which Affect Children
â5.1âRights and Obligations of the Childâs Parents
â5.2âChurch Rights and Obligations Regarding the Childâs Education and Upbringing
â5.3âTeachers
â5.4âRights and Obligations of a Childâs Godparents/Sponsors
â5.5âRights and Obligations of the Childâs Pastor
â5.6âRights and Obligations of the Childâs Diocesan Bishop or Ordinary
â5.7âRights and Obligations of the Childâs Catholic Community
â5.8âRights and Obligations of the Pope and Magisterium with Regard to the Child
â5.9âThe Catholic Childâs All-Embracing Catholic Milieu
â6Childrenâs Rights and Obligations in the CIC
â6.1âThe Basic Canons: Cann. 11, 96, 97, 98, 111 and 112
â6.2âRights and Obligations of Infant Minors from Birth to Age Seven
â6.3âInfant Minorsâ Rights to the Sacraments
â6.4âRights and Obligations of Minors Aged Seven and Upwards
â6.5âThe CIC and the Childâs Evolving Capacities
â7Rights and Obligations of the Christian Faithful and Laity
â7.1âRights and Obligations of the Christian Faithful. The Introductory Canons, 204â207
â7.2âRights and Obligations of the Christian Faithful: Canons 208â223
â7.3âGeneral Rights and Obligations of the Laity Canons 224â231
â7.4âAdditional General Rights and Obligations of the Faithful and the Laity
â8Rights of the Non-Baptized Child
â3Canon Law and the UN Convention on the Rights of the
â1The Holy See and the CRC in Dispute
â2The United Nations Convention on the Rights of the Child 1989
â2.1âChildrenâs Rights under the UNCRC
â2.2âCompliance with the UNCRC
â3The Holy See and the United Nations
â4The Holy See and the UN Convention on the Rights of the Child
â4.1âDistinct but Related, the Holy See, the Vatican City State and the Catholic Church
â5The Holy Seeâs UN Treaty Compliance Reports
â5.1âThe Holy See and the CERD398
â5.2âThe Holy See and the CRC
â6Canon Law and theuncrc â An Inconclusive State of Affairs
Conclusion
Bibliography
Index of Authors
List of Abrreviations
âIntroduction
â1Objective and Scope of the Research
â2State of the Question
â3Methodology
â1Children as Rights Holders
â1A basic framework
â1.1âInternal Considerations
â1.2âExternal Considerations
â2A Brief History of the Development of Childrenâs Rights
â2.1âConflicting Views of Childhood from Antiquity to the Modern Era
â2.2âEarly Christian Teachings and Childrenâs Rights
â2.3âThe Influence of the Old and New Testaments
â2.4âChurch, State and Patria Potestas
â2.5âThe Impact of the Enlightenment and Romanticism
â2.6âChildrenâs Rights in the Early Twentieth Century
â2.7âThe United Nations and Childrenâs Rights
â3Background to Childrenâs Rights in Current Canon Law
â3.1âThe Second Vatican Council and Children
â3.2âChildrenâs Rights in Drafting the 1983 Code of Canon Law
â3.3âThe Idea of Rights of the Faithful
â3.4âChildrenâs Rights in Post CIC Church Documents
â2The Code of Canon Law and Children
â1Terminology
â1.1âThe Canonical «person»
â1.2âThe Word «child»
â1.3âAge and the Child in Canon Law
â1.4âThe Unborn
â1.5âMinor
â1.6âInfant
â1.7âNon sui compos
â1.8âPost Infancy Minority to Adulthood
â2Who is a «child» in Canon Law
â2.1âProblems with the Term «child»
â2.2âInterpreting the Terms Pueri (Children) and iuvenis (youth)
â2.3âProblems with the Terms Infans (Infant) and Minor (Minor)
â2.4âUse of the Term «Childhood»
â3The Canonical Effects of Baptism on Children
â3.1âThe Spiritual/Theological Effects of Baptism
â3.2âThe Ecclesial/Juridic Consequences of Baptism
â3.3âThe Paedobaptized and Credobaptized
â4Completing Sacramental Initiation and Its Canonical Effects
â4.1âThe Meaning of «full Christian initiation»
â4.2âInitiation and Membership
â4.3âPenance
â4.4âThe Sacrament of the Eucharist and Childrenâs Rights and Obligations
â4.5âThe Sacrament of Confirmation and Childrenâs Rights and Obligations
â5The Rights and Obligations of Others Which Affect Children
â5.1âRights and Obligations of the Childâs Parents
â5.2âChurch Rights and Obligations Regarding the Childâs Education and Upbringing
â5.3âTeachers
â5.4âRights and Obligations of a Childâs Godparents/Sponsors
â5.5âRights and Obligations of the Childâs Pastor
â5.6âRights and Obligations of the Childâs Diocesan Bishop or Ordinary
â5.7âRights and Obligations of the Childâs Catholic Community
â5.8âRights and Obligations of the Pope and Magisterium with Regard to the Child
â5.9âThe Catholic Childâs All-Embracing Catholic Milieu
â6Childrenâs Rights and Obligations in the CIC
â6.1âThe Basic Canons: Cann. 11, 96, 97, 98, 111 and 112
â6.2âRights and Obligations of Infant Minors from Birth to Age Seven
â6.3âInfant Minorsâ Rights to the Sacraments
â6.4âRights and Obligations of Minors Aged Seven and Upwards
â6.5âThe CIC and the Childâs Evolving Capacities
â7Rights and Obligations of the Christian Faithful and Laity
â7.1âRights and Obligations of the Christian Faithful. The Introductory Canons, 204â207
â7.2âRights and Obligations of the Christian Faithful: Canons 208â223
â7.3âGeneral Rights and Obligations of the Laity Canons 224â231
â7.4âAdditional General Rights and Obligations of the Faithful and the Laity
â8Rights of the Non-Baptized Child
â3Canon Law and the UN Convention on the Rights of the
â1The Holy See and the CRC in Dispute
â2The United Nations Convention on the Rights of the Child 1989
â2.1âChildrenâs Rights under the UNCRC
â2.2âCompliance with the UNCRC
â3The Holy See and the United Nations
â4The Holy See and the UN Convention on the Rights of the Child
â4.1âDistinct but Related, the Holy See, the Vatican City State and the Catholic Church
â5The Holy Seeâs UN Treaty Compliance Reports
â5.1âThe Holy See and the CERD
â5.2âThe Holy See and the CRC
â6Canon Law and the
Conclusion
Bibliography
Index of Authors
All interested in Catholic Church canon law and catechesis and anyone concerned with international childrenâs rights law.