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A SHORT LISTING OF THE RIGHTS & FREEDOMS GUARANTEED BY
THE CODE OF CANON LAW |
By Charles M. Wilson |
Here is a short listing of the
rights and freedoms guaranteed by the Code.
The sections of the Code are largely determined by these headings as
categories, under which specific legislation can be found.
1. The fundamental equality of
all Christians based on baptism, and equality and dignity in action; the
right and freedom to cooperate in the building up of the Body of Christ
(canon 208).
2. The right to evangelize nations (canon 211).
3. The right to petition, that is, to make known to one's superiors
(pastors, bishops and others) one's needs, especially one's spiritual
needs, as well as one's hopes (canon 212, #2).
4. The right to make recommendations: the right to advise pastors
regarding the good of the Church, and the right to participate in the
formation of public opinion and in the process of informing the faithful
(canon 212, #3).
5. The right to receive the Word of God and the Sacraments from one's
pastors (canon 213).
6. The right to participate in the public worship of the Church in
accordance with the legitimate norms of one's own rite (canon 214).
7. The right to one's own proper spirituality (canon 214).
8. The right to association: the right to found and to direct associations
which have charitable purposes, and which can be made to exist as
an expression of Christian vocation/calling (canon 215).
9. The right to assembly: the right to hold meetings for the same purpose
as to associate (canon 215).
10. The right to promote the apostolate and to one's own proper initiative
in apostolic work, based on the right to participate in the general
mission of the Church itself (canon 216).
11. The right to a Christian education (canon 217).
12. Academic freedom: the right to research, and the write to publish
(canon 218).
13. Freedom from coercion in choosing one's station in life (canon 218).
14. The right to keep and preserve one's good name and reputation (canon
220).
15. Privacy: the right to have others respect what is most intimate to
one's self (canon 220).
16. The right to vindicate one's rights (no, this is NOT a tautology!) in
a court of the church and to defend those rights in the courts of the
church (canon 221, #1), with equity, and in accordance with the law (canon
221, #2).
17. The right to "be" judged (canon 221, #2). (As opposed, of
course, to having those who have disposition over elements of one's life
drag out circumstances, delay, and otherwise deprive one of the clear-cut
decisions to which one is entitled, and which one requires in order to get
on with the basic business of living a Christian life).
18. The right to the legal process regarding sanctions; that is, the right
to expect the Church to impose sanctions (punishments) ONLY in accordance
with the law (canon 221, #3). Now, lest there be any who might
misunderstand the short synopsis above, permit me to list here the
specific canons, quoted in their entirety. The reader should be careful to
remind him/herself that the laws listed here are not exhaustive, and other
laws may very well modify or even negate the law quoted here in specific
circumstances. The matter is provided for purposes of exemplification and
general information only, and is not intended as an exhaustive listing
either of individual rights or obligations binding on the hierarchy of the
Church.
The Ecclesial Rights Of The Laity: Relevant Canons
Canon 224—In addition to those
obligations and rights which are common to all the Christian faithful and
those which are determined in other canons, the lay Christian faithful are
bound by the obligations and possess the rights which are enumerated in
the canons of this title.
Canon 225—#1 Since the laity like
all the Christian faithful, are deputed by God to the apostolate through
their baptism and confirmation, they are therefore bound by the general
obligations and enjoy the general right to work as individuals or in
associations so that the divine message of
salvation becomes known and accepted by all persons throughout the world;
this obligation has a greater impelling force in those circumstances in
which people can hear the gospel and know Christ only through lay persons.
#2 Each lay person in accord with his or her condition is bound by a
special duty to imbue and perfect the order of temporal affairs with the
spirit of the gospel; they thus give witness to Christ in a special way in
carrying out those affairs and in exercising secular duties.
Canon
226—#1 Lay persons who live in the married state in
accord with their own vocation are bound by a special duty to work for the
upbuilding of the people of God through their marriage and through their
family.
#2 Because they have given life to their children, parents have a most
serious obligation and enjoy the right to educate them; therefore
Christian parents are especially to care for the Christian education of
their children ACCORDING TO THE TEACHING HANDED ON BY THE CHURCH
[emphasis
mine].
Canon 227—Lay Christian faithful
have the right to have recognized that freedom in the affairs of the
earthly city which belongs to all citizens; when they exercise such
freedom, however, they are to take care that their actions are imbued with
the spirit of the gospel and take into account the doctrine set forth by
the magisterium of the Church; but they are to avoid proposing their own
opinion as the teaching of the Church in questions which are open to
various opinions [I suppose this applies equally well to theologians,
however much many of them may disagree!].
Canon 228—#1 Qualified lay persons
are capable of assuming from their sacred pastors those ecclesiastical
offices and functions which they are able to exercise in accord with the
prescriptions of the law.
#2 Lay persons who excel in the necessary knowledge, prudence, and
uprightness are capable of assisting the pastors of the Church as experts
or advisors; they can do so even in councils, in accord with the norm of
law.
Canon 229—#1 LAY PERSONS ARE BOUND
BY THE OBLIGATION AND POSSESS THE RIGHT TO ACQUIRE A KNOWLEDGE OF
CHRISTIAN DOCTRINE ADAPTED TO THEIR CAPACITY AND CONDITION SO THAT THEY
CAN LIVE IN ACCORD WITH THAT DOCTRINE, ANNOUNCE IT, DEFEND IT WHEN
NECESSARY, AND BE ENABLED TO ASSUME THEIR ROLE IN EXERCISING THE
APOSTOLATE.
#2 LAY PERSONS ALSO POSSESS THE RIGHT TO ACQUIRE THAT DEEPER KNOWLEDGE OF
THE SACRED SCIENCES WHICH ARE TAUGHT IN ECCLESIASTICAL UNIVERSITIES OR
FACULTIES OR IN INSTITUTES OF RELIGIOUS SCIENCES BY ATTENDING CLASSES AND
OBTAINING ACADEMIC DEGREES.
#3 LIKEWISE, THE PRESCRIPTIONS AS TO THE REQUIRED SUITABILITY HAVING BEEN
OBSERVED, LAY PERSONS ARE CAPABLE OF RECEIVING FROM LEGITIMATE
ECCLESIASTICAL AUTHORITY A MANDATE TO TEACH THE SACRED SCIENCES [Emphasis
mine and added].
Canon 230—#1 Lay men who possess
the age and qualifications determined by decree of the conference of
bishops can be installed to a stable basis in the ministries of lector and
acolyte in accord with the prescribed liturgical rite; the conferral of
these ministries, however, does not confer on these lay men a right to
obtain support or remuneration from the Church.
#2 Lay persons can fulfill the function of lector during liturgical
actions by temporary deputation; likewise all lay persons can fulfill the
functions of commentator or cantor or other functions, in accord with the
norm of law.
#3 When the necessity of the Church warrants it and when ministers are
lacking, lay persons, even if they are not lectors or acolytes, can also
supply for certain of their offices, namely, to exercise the ministry of
the word, to preside over liturgical prayers, to confer baptism, and to
distribute Holy Communion in accord with the prescriptions of the law.
Canon 231—#1 Lay persons who devote themselves permanently or
temporarily to some special service of the Church are obliged to acquire
the appropriate formation which is required to fulfill their function
properly and to carry it out conscientiously, zealously, and diligently.
#2 With due regard for canon
230, #1, they have a right to a decent remuneration suited to their
condition; by such remuneration they should be able to provide decently
for their own needs and for those of their family with due regard for the
prescriptions of civil law; they likewise have a right that their pension,
social security and health benefits be duly provided. There are a
relatively small number of Catholic organizations and publications which
are doing an outstanding job of defending Catholic
truth and promoting "genuine" reform (as intended by the
Council, rather than by some post-conciliar reformers), but often
Catholics stand in need of competent "professional" advice and
assistance in the defense of their rights, particularly in defense of
their God-given right to receive the AUTHENTIC teaching of the Church in
accordance with the lawful norms of the Church. To respond to that need
the St. Joseph Foundation was incorporated in October, 1984.
The St. Joseph Foundation is not a trouble-making organization. It does
not seek notoriety, publicity, or a political agenda of its own making,
whether that political agenda is considered in either the civil or religious fora.
In almost every case of abuse within the Church the cause has been that
some individual in a position of authority has chosen to substitute his or
her personal opinion or preference for the teaching of the Church, or in
place of her laws, and then imposed them on the people. There are, thusly,
TWO injustices committed. The first is the denial of the authentic
teaching and worship to those who are entitled to both by divine right.
The second is that the very person responsible for the injustice in the
first place further abuses the power of that position by frequently
resorting to techniques of delay, evasion, obfuscation and sometimes even
of intimidation to deny those whose rights have been violated any redress
or due process. The abuse is particularly insidious because promulgated or
proclaimed rights are essentially meaningless if the means of vindicating
them is non-existent.
The 1983 Code quite explicitly states that: "Christ's faithful may
lawfully vindicate and defend the rights they enjoy in the Church before
the competent ecclesiastical forum and in accordance with the law."
Though the Code explicitly establishes the principle, most Catholics are
not aware of the rights they DO have, and even those who do often do not
know the procedures which can be used to vindicate and defend them. It was
for this specific purpose that the Foundation has been formed. It is the
work of the St. Joseph Foundation both to inform Catholics of their right
to know and live by the teachings of their faith, and to provide
"professional" advice and assistance to those who believe their
rights are being denied them.
It will respond to Catholics in need of assistance, and endeavors to
undertake its tasks with due regard both to the rights of the individual
AND the well-being of the Church....such that at times even the undeniable
rights of the individual may, even when an objective right HAS been
violated, considerations other than justice (charity, for example) may
dictate that the injustice be suffered quietly.
It is NOT recommended that Catholics, except in the most severe
circumstances, take action to bring the Church before the civil courts. It
has become a frequent thing of late, often for very frivolous reasons,
some among which have involved matters such as the remodeling of a church
by the pastor, the firing of a Church employee, contested either by the
employee himself or by friends among the congregation, even by the pious
practices of the faithful which have been placed under some restraint by
their own pastors. There are several vital reasons why recourse should be
sought FIRST in the church's own courts: 1) secular courts simply lack the
authority and competence with religious matters necessary to resolve the
issues adequately; 2) any secular legal action involving the Church runs
the enormous risk of setting a legal precedent of government control not
only over the Church, but over its day-to-day administration and life.
Such precedents, however small, often partake of the Arab proverb of the
camel and the tent, and might well lead to a pattern, if not of
domination
then at least of harassment, of the Church by the State. Several current
cases in the civil courts, brought by individuals and organizations other
than the faithful themselves already represent this particular danger with
some serious degree of probability.
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