Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
MANTADORY REPORTING LEGISLATION AND THE SEAL OF CONFESSION... 73 Since the abuse scandals were exposed, (the “Boston globe” revelations in United States”), the Church on local and universal level has already implemented numerous prevention measures if the abuse happens in the external forum. The issue however becomes a huge problem, if state will be forcing the priests to break strict confidentiality in case of internal forum (Sacrament of Penance, pontifical secret and spiritual direction). It is the perennial teaching of the Church, that the seal of confession is inviolable under any circumstances. (c. 983 CIC/1983) In the second chapter we will explore what a confessor can do to help the victim of abuse and how he can persuade the perpetrator of abuse to seek further help. It is extremely rare case that the perpetrator will approach the minister of the sacrament of penance. The inviolability of the secrecy of confession and confidentiality are pillars of Catholic morality and Canon Law; therefore there are no exceptions whatsoever, which can justify the violability of the seal of confessional, since, as St. Thomas explains “the priest has knowledge of those sins, not as man but as God knows them. ”7 Here is important to underline, that the seal of confession is based on divine law, namely the sacred duty to protect the sacrament itself, the confidentiality based on natural law and the unalienable human right of religious freedom. In the course of history, there were several confessors, who laid down their lives in order to protect the sacrament itself from external intrusion and to safeguard the confidentiality of their penitents. One of the best known is a martyrdom of St. John Nepomuceno (1330-1383), tortured and drowned in the River Moldava in Prague by King Wenceslaus of Bohemia, for refusing to reveal what the King’s wife had said in confession.8 There are others less wellknown martyrs such as St. Matteo Correa Magallanes (1866-1927) from Mexico and Father Marieluz Garces (1780-1825) from Peru, who were killed because they did not reveal the confession secrets of their penitents in the military.9 In all these cases, while kings and governments abused their power, authority and the Church’s sovereignty (religious freedom), several Church’ sacred ministers (apart a few who violated it)10 chose rather to die than to violate the seal. 7 Thomas Aquinas, Summa Theologiae, Suppi. 11, 1 ad.2. 8 See De Mattéi, R., Martyrs and Violators of the Confessional Seal, in Rorate Caeli: https:// rorate-caeli.blogspot.com/2018/12/de-mattei-martyrs-and-violators-of.html (consulted: 11.9. 2021). 9 See De Mattéi, R., Martyrs and Violators: https://rorate-caeli.blogspot.com/2018/12/de-matteimartyrs-and-violators-of.html (consulted: 11.9.2021). 10 De Mattéi refers to Alexandre Dumas, who in his historical novel, The Poisoner, recounts about one violator of the confessional seal and his punishment by the Church; cf De Mattéi, R., Martyrs and Violators', https://rorate-caeli.blogspot.com/2018/12/de-mattei-martyrs-and-violatorsof.html (consulted: 11.9.2021).
