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Catholic Church must be subject to the law of the land to keep children safe

By Rebecca Vassarotti 6 September 2018 19
The Catholic Church has a significant role to play in protecting the children of the church.

The Catholic Church has a significant role to play in protecting its children.

The work of the Royal Commission into Institutional Responses to Child Sexual Abuse over recent years has laid bare the significant failings of the Catholic Church in Australia in relation to protecting children in their care. The Royal Commission found that a staggering number of reports of alleged abuse had been made to Catholic institutions, including 4444 claimants reporting allegations of child sexual abuse to Catholic institutions between 1980 and 2015. The Royal Commission also found that the Catholic Church was the subject of more than four times the allegation of any other religious organisation. In this, the Commission concluded that there was “catastrophic failures of leadership of Catholic Church authorities over many decades, particularly before the 1990s“.

Canberra hasn’t been immune; we have seen significant allegations regarding historical abuse in a number of local Catholic schools. These revelations have had a personal impact on many people who attended local Catholic schools at the time the abuse was occurring. It has been shocking and dispiriting. In the midst of the details of the failures of these institutions, you can only be in awe of the incredibly brave victims who continued to push for justice, often at great cost to their own wellbeing.

In light of the revelations, the future of the church’s standing in Australia was always going to hinge on how the leadership of the Catholic Church responded to these systemic failings. It was also going to come down to the level of commitment the leadership of the Catholic Church was going to make to meaningfully respond to the recommendations of the Royal Commission.

Last week we saw this response, with the release of the Australian Catholic Bishops Conference and Catholic Religious Australia’s response to the recommendations of the Royal Commission. Their response shows that this process has been difficult and required deep reflection from the leadership of the Church. However, there is a need to back up words with action and while the Church claims to have accepted 98 per cent of the recommendations, there are significant recommendations that have been rejected, most notably, the requirement for priests to comply with mandatory reporting laws – particularly if a disclosure is made in the context of the sacrament of confession. This rejection is likely to create further issues, given that a number of jurisdictions including the ACT have moved to compel priests to report these issues.

In rejecting the requirement to adhere to mandatory reporting laws, the Catholic church argues that this will make children less safe as there is a lost opportunity to engage with a perpetrator to encourage self-disclosure. The report also argues that “mandatory reporting of confessions would also be a violation of freedom of religious belief and worship”.

It is rather extraordinary to see a religious institution arguing that they should be exempt from the law of the land. This is an argument that would never be accepted if we were talking about sharia law but in this case is argued as a case of religious freedom. There have been suggestions that this exemption is similar to protections that journalists should have for sources – but journalists are not usually protecting people who have engaged in criminal and deeply harmful acts against children. Others argue that this would be primarily a symbolic measure given the minuscule number of people that disclose abuse in confession. If we have learned anything in recent times however, it is that when we come to righting wrongs and building bridges to healing, symbolism matters.

It’s good news too that the ACT Government will follow the lead of South Australia and make it mandatory for priests to report if someone admits child abuse, with this law due to come into effect next year. It is, however, a concern that priests may not be supported by their leadership to comply with this law, that is designed to keep children safe.

I think that it’s important we do everything we possibly can to keep our children safe and mandatory reporting is an essential part of this. What do you think?

If you or someone you care about needs support, there are places you can go for help. They include LIFELINE 13 11 14 and KIDS HELPLINE 1800 551 800.


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19 Responses to
Catholic Church must be subject to the law of the land to keep children safe
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Rita Colozzi 7:19 am 06 Sep 18

No. It's about time they realised they aren't above the law!!!

Wayne Alger 7:29 am 06 Sep 18

Lost opportunities to engage with perpetrators? How have they effectively engaged with perpetrators in the past? Absolved them of their sins with no consequence while leaving their victims to suffer. As far as the church is concerned, the safety of children comes second to the church.

chewy14 7:42 am 06 Sep 18

Trying to force priests to break the confessional seal is just political posing from people who aren’t actually interested in helping prevent children from being harmed.

It would result in exactly zero children being protected, as soon as priests are compelled to report, no abuser would ever confess those crimes to them.

At least now, if someone confesses to a priest, the priest can council that abuser to stop and hand themselves into the authorities.

The proposal might give certain people nice warm and fuzzy feelings but won’t achieve anything.

    Jim9 10:04 am 06 Sep 18

    The current status quo approach has worked so well in the past, hasn’t it…..

    chewy14 11:17 am 06 Sep 18

    Thanks for proving my point.

    What exactly about the current approach do you think has failed? How many child abusers do you think are confessing their sins to priests, who are not telling the authorities about it?

    You’re conflating two separate problems as if they are the same, the fact that churches and other groups have had a problem with child abuse and abusers in the past doesn’t automatically make these proposed changes around confession and compulsory referral good, right or effective.

    justin heywood 11:21 am 06 Sep 18

    I realise I’m swimming against the tide here, but…

    This is mere political posturing, with that old favourite, an appeal to religious bigotry (it’s not bigotry if you’re only bashing catholics, right?)

    – The Catholic church abuse cases are overwhelmingly historical. Any changes won’t help now.
    – Do the Greens really believe people are going to confess abuse to their priest if there is no seal?

    The OP virtually admits this will make little difference (bottom of para 5). This is apparently about ‘symbolism’, not protecting children.

    Meanwhile, horrific cases of abuse CURRENTLY occur daily in our remote settlements. No hand-wringing from the Green-left there, though. There’s votes in ‘symbolism’ , but not in making any material difference in protecting children.

    chewy14 8:04 pm 06 Sep 18

    Justin,
    It’s the standard Greens position. Far more interested in symbolism and keeping themselves ideologically pure than actually wanting to achieve outcomes.

Gabriel Spacca 7:42 am 06 Sep 18

How about not moving perpetrators around so they get to terrorise a whole new set of children!

Hans Dimpel 7:59 am 06 Sep 18

Dont think the Church's way worked in the past. They really arent the best people to give advice on what should be done. They should stop talking , and listen for once.

Rhonda Bartlett 8:03 am 06 Sep 18

The Catholic church is operating under their own laws. People protest Sharia law due to them saying that if they live in Australia, then they should live under our laws. Same goes for the church. They are effectively forcing us to live with two laws.

Michael Doyle 8:19 am 06 Sep 18

👍 On balance, I do agree with the intended approach. Time that the victims were the absolute and only priority.. The Catholic Church has long had the opportunity to get on the front foot on this issue and continues to fail to do so. This of course keeps the Catholic Church at the forefront on news and media on the issue because it is an easy target; meaning other institutions which are equally bad but are not being examined as they should be for their perpetrators to be brought to account. Child molestation is not an administrative error ( as with the stationery order) - it is a crime of the most vile order. Wake up Catholic Church. 😀

Alex Thomson 8:31 am 06 Sep 18

No special rules for churches. Especially when they've proven they can't be trusted

Justin Watson 8:46 am 06 Sep 18

The irony is the Catholic church would scream foul if Muslims wanted exemption from the law under sharia, but don't see the issue when it is them wanting exemption under Canon law.

Warwick Penn Bradly 11:41 am 06 Sep 18

Just remind me again why Catholic Schools get public funding??

bronal 1:10 pm 06 Sep 18

This conversation has so far focussed on child abuse, but what about all the other crimes that may be confessed? What is the status of murder, manslaughter, robbery, theft and so on? The underlying principle here is that the confessional is no longer inviolate. (For the avoidance of doubt, I support the mandatory reporting of child abuse, but wonder if anyone is thinking further than that.)

Tramcar Trev 5:51 pm 06 Sep 18

OMG.. So the church still believes they should have cover up rights after all the lives they have screwed up by both child molestation and Dogmatic indoctrination. Simply an indefensible position. The church has to start taking responsibility for its staff.

Louise Flood 7:01 am 07 Sep 18

snort. Because they have done sooooo well keeping children safe?

Chris Ellis 7:49 am 07 Sep 18

If priests don't report child abuse they should be locked up as they are condoning and enabling the ongoing abuse of children.

Anthony Gordo 8:17 am 07 Sep 18

Yeah because they have a great track record 'engaging' perpetrators. Bring on the laws and lock up those who break them.

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