Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
MANTADORY REPORTING LEGISLATION AND THE SEAL OF CONFESSION... 83 The Holy See added that this is the “long-standing and constant teaching of the Church on the inviolability of the sacramental seal, as something demanded by the nature of the sacrament itself and thus as deriving from Divine Law.”59 The Holy See also said that “the confessional provides an opportunityperhaps the only one - for those who have committed sexual abuse to admit to the fact. In that moment the possibility is created for the confessor to counsel and indeed to admonish the penitent, urging him to contrition, amendment of life and the restoration of justice. Were it to become the practice, however, for confessors to denounce those who confessed to child sexual abuse, no such penitent would ever approach the sacrament and a precious opportunity for repentance and reform would be lost.”60 Furthermore, speaking about the clerical abuse the Holy See stressed that “a great deal of evidence demonstrates that no direct cause and effect exists. Sadly, the specter of abuse appears across all sectors and types of society, and is found too in cultures where celibacy is hardly known or practiced.” Therefore, the Holy See wished to emphasize “the great value of celibacy and to caution against its reduction to a merely practical consideration.”61 Since the practice of clerical celibacy is of very ancient origin, that it developed in imitation of the style of life chosen by Jesus Christ himself and that it cannot be understood outside the logic of faith and of the choice of a life dedicated to God, the Holy See stressed, that the clerical celibacy “is a question that touches also upon the right to religious freedom, that is to say, the freedom of the Church to organize her internal life in a manner coherent with the principles of the faith and the freedom of individuals to choose this form of life”62 The Australian bishops said they would accept many other recommendations issued by the Royal Commission except to violate the seal of confession.63 So Australia’s mandatory reporting laws became harshest among the laws in the Western world: they enable the state to go beyond their competence, to restrict religious freedom and interfere in the Church’ affairs protecting the sacrament of confession. As we have seen, the local Church and the Holy See showed their strong commitment to expand the prevention measures with regard to protection of children. 59 See Vatican tells Australian Church that seal of confession is not up for debate, in https://cruxnow.com/church-in-oceania/2020/09/vatican-tells-australian-church-that-seal-of-confessionnot-up-for-debate/ (consulted: 11.16.2021). 60 Vatican tells Australian Church that seal of confession (consulted: 11.16.2021). 61 Vatican tells Australian Church that seal of confession (consulted: 11.16.2021). 62 Vatican tells Australian Church that seal of confession (consulted: 11.16.2021). 63 See Bishops in Australia Protest National Move to Break Seal of Confession, in https://www . ncregister.com/news/bishops-in-australia-protest-national-move-to-break-seal-of-confession (consulted: 11.16.2021).
