Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
84 GORAN JOVICIC In addition to the norms of Canon Law the Holy See has established for instance the Pontifical Commission for the Protection of Minors, a study group entitled “Safeguarding Guidelines and Norms.”64 Furthermore, with Motu Proprio “Vos estis lux mundi”65 Pope Francis established in 2019 new universal procedural norms to combat sexual abuse and ensured that bishops and religious superiors in the whole church are held accountable for their actions. It seems that that the Australian legislators did not go only after protection of the abuse but went beyond it to punish the Church, to put her under the state’s control and restrict its freedom of religion and worship. It is obvious, that the Australian state went too far also with regard to other human rights restrictions such as imposing the draconian measures during the Covid-19 pandemic, targeting freedom of movement, human dignity and freedom of speech.66 4. Ireland's Children First Act in 201567 The priest-penitent privilege was recognized under the common law of the Republic of Ireland.68 In the wake of abuse crisis the Ireland’s Children First Act in 2015 includes a mandatory reporting from a range of professionals69 (social workers, doctors, teachers, child safeguarding officers, youth and preschool service workers etc.) including members of the clergy or pastoral care workers of a Church or other religious community to report child protection concerns to the Child and Family Agency.70 Mandatory reporting and child safeguarding laws became law in December 2017.71 64 See the Pontifical Commission for the Protection of Minors “Tutela Minorum” Website here: https://www.tutelaminorum.org/ (consulted: 17.01.2022). 65 See the “Vos estis lux mundi”, in https://www.vatican.va/content/ffancesco/en/motujDroprio/ documents/papa-francesco-motu-proprio-20190507_vos-estis-lux-mundi.html (consulted: 11. 6.2021). “ See Australia’s draconian lockdown restrictions must end, in https://studentsforliberty.org/ north-america/blog/australia-draconian-lockdown-restrictions-must-end/ (consulted: 11.6. 2021). 67 See the Children First Act 2015. (No. 36) PT.3 S.14, in http://www.irishstatutebook.ie/eli/2015/ act/36/enacted/en/pdf (consulted: 11.6.2021). 68 See the case of Cook v. Carroll (1945) IR 515. 69 For the Children First Act see here: https://www.tusla.ie/children-first/mandated-persons/am-ia-mandated-person/ (consulted: 11.6.2021). 70 Ibid, here: http://www.tusla.ie/children-first/children-first-act-2015 (consulted: 11.6.2021). 71 For the Mandatory Reporting Children ’s First Act see here: https://www.rdj.ie/insights/mandatory-reporting—childrensfirstact2015?s=0.707985914737&utm_source=Mondaq&utmjnedium=syndication&utm_campaign=LinkedIn-integration_(consulted: 11.6.2021).
