Folia Theologica et Canonica 11. 33/25 (2022)
Ius canonicum
FOLIA THEOLOGICA ET CANONICA (2022) 127-147 Gorán Jovicic MANDATORY REPORTING LEGISLATION AND THE SEAL OF CONFESSION IN LIGHT OF THE PREVENTION OF CHILD ABUSE AND RELIGIOUS FREEDOM Part II Introduction; I. The Catholic Church and the Measures of Prevention of Abuse; II. The Penitential Discipline and Secrecy of Confession in the Early Church, 1. The Public Penance (Exomologesis, Poenitentia Secunda), a. Power of binding and loosing is given to the bishops and by extension to priests, b. Confession (Exomologesis), Acceptance of Penance and Excommunication, c. Satisfaction, d. Absolution Keywords: Prevention of Abuse; Safeguard of Minors; Inviolability of the Seal of Confession; Protection of Religious Freedom Introduction As we pointed out already in the previous part1, the seal of confession or clergy-penitent privilege is still usually protected in the international agreements (concordats) between the Holy See and most Catholic countries;2 but as Prof. De Mattéi has rightly observed, “the process of secularization of recent decades, [from] which according to some the Church would [have] benefitted, is nonetheless changing the situation.”3 In some secular countries, such as the United States of America, the clergy-penitent privilege is protected by the laws explicitly or implicitly under professional confidentiality, since all U.S. states have laws protecting the confidentiality of certain communications such as between spouses, between attorneys and clients, and between priests and penitents. The First Amendment right to free exercise of religion is often con1 Folia Theologica et Canonica X (32/24) [2021] 71-86. 2 In Italy for example the New Concordat between the Holy See and Italy, art. 4, n. 4, from 18 February 1984, guarantees the inviolability of the seal of confession or any other pastoral communication in a following manner: “Gli ecclesiastici non sono tenuti a dare ai magistrati o ad altra autoritä informazioni su persone o materie di cui siano venuti a conoscenza per ragione del loro minister.” 3 De Mattéi, R., Martyrs and Violators: https://rorate-caeli.blogspot.com/2018/12/de-matteimartyrs-and-violators-of.html (consulted: 11.9.2021).
