Discordant voice? Confusion about what bishops should do when confronted with abuse

Msgr. Tony Anatrella’s statement – “Bishops are not obliged in all cases to report allegations of sexual abuse to the authorities” – has led to shocked headlines and articles in the media. And it is not hard to see why. Isn’t this exactly what the Catholic Church has done in the past and what it continues to be accused of doing? Keeping the facts hidden to protect her own image? Well, yes and no.

AP3063773_LancioGrandeYes, it is true that image was often the first thing that needed protection, instead of the victims of an abusive priest, or so many in the Church thought and acted upon. And no, this is not really what Msgr. Anatrella, speaking at the regular course for new bishops in the Vatican (a previous meeting pictured), said.

He added something to the above statement: “It is up to the victims and their families to do so”. And that is true: the victim decides what should be done, not in the first place the bishop. If a victim, for example, wishes that no legal proceedings take place (and this has happened), a bishop can (and should) urge for the wisest course of action, but has to abide with the victim’s wishes. This is a consequence of the primary concern that needs to be given to this victim, a concern urged for by Pope Francis, his predecessor Pope Benedict XVI, the Pontifical Commission for the Protection of Minors and many prelates and bishops’ conferences.

As John Allen points out, Msgr. Anatrella’s speech could have been much better if it did not only focus on canon law and psychotherapy, but also on the interactions between Church and state authorities in these matters: what can and must a bishop do or not do when confronted with such terrible crimes against the dignity of a person? Not just with the means at his disposal as a shepherd in the Church, but also as a person living in a modern society.

And there lies the rub: in our modern western societies (at least most of them) reporting allegations to the police is the surest and safest way to see justice being done. In many countries this is not a given. Police forces and judicial systems are not always just and safe, but corrupt or tainted by political, social and religious ideologies which are not necessarily sympathetic to the Christian churches and faithful.

As Father Lombardi pointed out yesterday, Msgr. Anatrella said nothing new. And the fact that his statements were published as part of the proceedings of the entire course does not mean that there is a new Vatican policy on dealing with sexual abuse. But Msgr. Anatrella could have phrased things differently, emphasised the continuity of his statements with those of the Popes in recent years and suggested that, all things being equal, legal proceedings are a necessity towards justice, as long as the victim desires it.

Affairs like these do muddle the issue and give false impressions of the Church’s resolve to prevent the past from repeating itself. The will is there – as is clear from what Pope Francis and other prelates have said in multiple occasions – but the execution sometimes lacks. However, I do not expect any bishops to have come away from this course with the idea that they don’t have to act when someone approaches them with the terrible news that they have suffered abuse in the one place they should have been nothing but safe.

Photo credit: Vatican Radio

An archbishop’s first tempest

de keselLess then two months in, Archbishop Jozef De Kesel weathered his first true storm these past few days, as his comments about the freedom of Catholic hospitals to refuse performing euthanasia led to strong criticism, even from politicians.

In an interview last Saturday, the archbishop was asked what he thought about freedom of choice in matters of abortion and euthanasia. He answered:

“I can understand that someone with a secular view of life has no problems with it. But it is not evident from my faith. I think I am allowed to say that, and what’s more: I also think that we have the right, on an institutional level, to decide not to do it. I am thinking, for example, of our hospitals. You are not free to choose if there is only one option.”

Critics then accused Archbishop De Kesel of disregarding the law in Belgium and urging others, namely Catholic hospitals, to do the same. But others, among them politicians, lawyers and legal experts, soon countered that no such thing was the case. They pointed out that the law does not create a right to be euthanised or have an abortion performed. Institutions, parliamentary documents indicate, are free to refuse such life-ending measures within their walls. However, their obligation to offer all the necessary medical care available does include the option of referral to other institutions or persons who do offers euthanasia or abortion. This is problematic from a Catholic point of view, but that is not what the hubbub was about. Archbishop De Kesel was correct in his statement that institutions should be free to make the choice to not end the lives of their patients.

Even before his appointment to Brussels, Archbishop De Kesel has been criticised for his perceived lack of support for the Catholic doctrines regarding the sanctity of all life. At his installation, there were protesters in front of the cathedral emphasising just this.*

Some said that the archbishop should have used the occasion to say that no Catholic institution can offer to end a life, be it unborn or elderly (or otherwise deemed unsuited to live). And unequivocal statements like that remain necessary, especially in a society where euthanasia and abortion are considered normal medical procedures and even part of a person’s rights. On the other hand, it will not always be effective to do so. The interview in question focusses on the person of the archbishop, and his experiences and thoughts, rather than official Catholic teaching. Of course the latter gets a look in, and a bishop can’t go and deny or ignore it when it does, and Archbishop De Kesel doesn’t. He sheds his personal light on it, not that of the official magisterium. And more often than not, these two overlap (about priestly celibacy, for example, he says: “I am not opposed to celibacy. I think it can be very useful, and personally I have never had the idea that I was a loser or that I missed something because I am celibate. Married people also miss all kinds of things. It is simply a matter of choice”).

Of course, bishops and priests (and lay Catholics, for that matter) must take care not to keep the pendulum on the side of personal experiences and thoughts alone. In the end, a bishop has the duty to teach and communicate the faith that has been taught and communicated to him, regardless of what he personally thinks of it.

In the context of this question, it is clear that the Church opposes the killing of people, no matter the situation. That includes abortion and euthanasia. Persons or institutions calling themselves Catholic are obliged to uphold this. Archbishop De Kesel has said that they should be free to do so, and the law supports this. The Church does not oblige non-Catholics to follow her teachings (although she greatly hopes and desires for them do so).

Archbishop Jozef De Kesel is in the spotlight, now that he is the primus inter pares of the Belgian Church, and that can be both positive and negative. He is experiencing much the same things as his predecessor, Archbishop Léonard, when he took up the job.

*This makes me wonder: why are we always looking at prelates and other Church officials to vocally defend life, when it is clear what the Church teaches? Why only them and not us? Are we less Catholic? Are we somehow less obliged to uphold the sanctity of life? I think that if we take our own responsibility (and not just in these matters either) in defending our faith, we would soon discover the bishops and priests, that we now look towards with expectation, at our side.

Downsizing – Pope Francis announces his first Curia merger

Since virtually the start of his pontificate, Pope Francis has been expected to start reforming the Curia by eliminating and merging dicasteries. Until now he has created a few new ones (the Pontifical Commission for the Protection of Minors and the Secretariat for Communications, to name two), which has increased rather than decreased the size of the Curia. This week, however, comes the first announcement of a merger.

The Pontifical Councils for the Laity and the Family, as well as the Academy for Life, are to form a single dicastery for Laity and Family. What form and status this will take (a new Pontifical Council or, as I suspect, a Congregation) remains to be seen, as does the personnel assigned to them. The Academy for Life would seem to be remain as it exists now, but under the auspices of the new dicastery.

clemensThe Pontifical Council for the Laity is currently led by Cardinal Stanislaw Rylko, with Bishop Josef Clemens (pictured) as secretary. At 70 and 68 respectively, neither of these are about to retire, so if they do not remain in the dicastery, new appointments will have to be sought for them. Bishop Clemens is especially interesting, as the choice may be made to send him home to a diocese in Germany. At 68, he would be a transitional bishop, which would not go down well in the eastern German dioceses (of which Dresden-Meißen is vacant), where bishops have criticised the apparent use of the eastern dioceses as a “railway shunting yard for bishops”. Originally from the Archdiocese of Paderborn, Bishop Clemens has been working in Rome for the past three decades, so if he is the suitable candidate for a new assignment in his native country, where Limburg also remains vacant and Aachen will soon be, remains to be seen.

pagliaThe Pontifical Council for the Family is led by Archbishop Vincenzo Paglia (pictured) as president and Bishop Jean Laffitte as secretary. Archbishop Paglia, although recently investigated and acquitted of financial mismanagement when he was bishop of Terni-Narni-Amelia, is also the organiser of the recent World Meeting of Families in Philadelphia, which, to all appearances, was a great success. At 70, he is also still 5 years away from retirement. Bishop Laffitte, 63, was recently appointed prelate of the Order of Malta in addition to his duties in the Pontifical Council. A Rome veteran like Bishop Clemens, it remains to be seen of a return to his native France, where Saint-Etienne is vacant and four ordinaries are close to retirement, is in any way likely.

If the new dicastery is a congregation, it will need a prefect and one or more secretaries, if a pontifical council there will be a president and one or more secretaries. Pope Francis may choose to appoint someone with experience to start up the new dicastery, which means Cardinal Rylko and Archbishop Paglia are good options. As both are five years away from retirement, they would be suitable to lead a transition and start-up phase. In the end, we’ll have to wait until December to find out what the Holy Father chooses to do.

The streamlining of the Curia may, as the rumours have it, continue with a merger of the Pontifical Councils for Justice and Peace and Pastoral of Migrants and Itinerant People sometime in the future.

The fight against abuse – more than words and politics

global_nienstedtThose that were wondering if Pope Francis’ actions against sexual abuse in the Church would be limited to establishing tribunals and commissions are likely to change their minds today. After Bishop Robert Finn, two more American bishops saw their resignation accepted, resignations they tendered for failing to protect children under their ultimate responsibility. Archbishop John Nienstedt (pictured) and Auxiliary Bishop Lee Piché of the Archdiocese of Saint Paul and Minneapolis were removed from office one week after new criminal proceedings were launched against the archdiocese. Neither bishop is himself guilty of abuse, it must be stressed, but they are investigated for their actions after a priest of the archdiocese, now laicised, was arrested and convicted for sexual abuse. He now serves a prison term.

The Archdiocese of Saint Paul and Minneapolis will be administred by Archbishop Bernard Hebda, Coadjutor Archbishop of Newark, and the sole remaining auxiliary bishop, Msgr. Andrew Cozzens, who was appointed in 2013, well after the abuse case that resulted in today’s resignations.

Also today, the Holy See announced a starting date of the process against Mr. Józef Wesolowski, former archbishop and Apostolic Nuncio to the Dominican Republic, who has been charged with sexual abuse of minors while in Santo Domingo and the possession of child porn when he had returned to Rome in 2013. He had his priestly faculties and titles removed in 2014, and the expectation that he will be convicted in the face of overwhelming evidence.

It appears that Pope Francis is not waiting for the establishment of the tribunal which can charge bishops with negligence in the face of abuse, but is removing bishops who have failed. We can’t know if the resignation of Archbishop Nienstedt and Bishop Piché was the result of their own deliberations or a response to the advice of others. Pope Francis, however, has been clear that bishops must be critical of themselves and take their responsibilities for their actions or inactions when faced with painful and difficult abuse cases.

As a citizen of Vatican City, Mr. Wesolowski can be tried in that country (in close cooperation with the Dominican Republic authorities), while Archbishop Nienstedt and Bishop Piché will likely remain under investigation by American authorities as part of the larger investigation into the conduct of the archdiocese.

A month before retirement, Archbishop Léonard in court

léonardA court in Liège has convicted Archbishop André-Joseph Léonard of negligence in the face of complaints against an abusive priest, made known to him when he was bishop of Namur in the 1990s. The victim intially kept quiet about the years of sexual abuse he suffered, wanting to be a priest himself, but eventually did inform the Catholic Church. He had a long conversation with then-Bishop André-Mutien Léonard, but saw little follow-up. The priest in question was merely transferred. Only in 2001 did the victim go to court over the abuse and was eventually awarded 37,000 euros in damages, to be paid by the abusive priest. Archbishop Léonard was also charged in 2013, but not convicted because he wasn’t a bishop yet when the abuse took place and the victim had already been awarded damages. A subsequent appeal was successful, and Archbishop Léonard has now been ordered to pay an additional 10,000 euros in damages for having underestimated the seriousness of the abuse. Five percent of the victim’s disability is due to the archbishop’s inaction, the court judged.

This is the first time that a bishop in Belgium has been convicted for failing to act against sexual abuse by clergy. This case is all the more noticeable in light of the recent removal of Bishop Robert Finn of Kansas City-St. Joseph, two years after he was convicted of similarly failing to act (Bishop Finn waited overly long before reporting a priest who possessed child porn to the authorities). Archbishop Léonard will most likely not be facing such a removal as he turns 75 next month and will send his letter of resignation to the Holy Father. Another important difference in the two cases is that Archbishop Léonard was dealing with crimes which took place when the period of limitation had already ended.

The Pontifical Commission for the Protection of Minors, established by Pope Francis in March of 2014, has recently been emphasising the accountability of bishops, and it may be expected that they will want to take a close look at this case. Ever since the sexual abuse crisis broke, and especially in the last five years, the Church does not hold to periods of limitation when it comes to sexual abuse by clergy.

I have no doubt that the archbishop will accept the verdict, nor do I suspect any ill will in his transfer of the abusive priest, but it is clear that it was a wrong decision (although we don’t know if the priest went on abusing elsewhere, that is not a risk that should ever be taken). And wrong decisions also have their consequences.

Financial woes strike Oslo – Bishop charged

Bernt_EidsvigCatholic news from Norway is a rare thing, but today the Church there makes all the wrong headlines. There has been a run-up of sorts over the past months, when it became clear that the Diocese of Oslo had been providing inaccurate membership numbers. The Norwegian Catholic Church largely consisting of immigrants, the diocese was said to have made the assumptions that people were Catholic because they came from a predominantly Catholic country, thus collecting more financial support from the state.

This morning that came to a head when the Oslo police raided the diocesan offices and charged two people, including Bishop Bernt Ivar Eidsvig, with aggravated fraud, for a total sum of some 50 million Norwegian kroner (6.5 million USD/ 5.8 million euros).

This situation sounds not too different from the one that struck the Diocese of Limburg in Germany, and such financial mismanagement has of course been reason for bishops to be removed by the Pope. It is too early to say if that will happen to Bishop Eidsvig, of course, but his being charged is no trifling matter.

A statement from the diocese talks of “preliminary charges”, and adds that it was never their intention to record people as members against their wishes. The statement also mentions ongoing efforts to clean up their records and expresses hope for a quick clarification.

Bishop Bernt Ivar Eidsvig has been the bishop of Oslo since 2005. He has also been the Apostolic Administrator of Trondheim since 2009. A member of the Canons Regular of St. Augustine, the 61-year-old prelate is the fourth bishop of Oslo since it was established as a diocese in 1953.

2014, a year in review

As the year ends, it is once more time to look back at the past year in this blog. It wasn’t quite 2013, but there was still enough to write and think about. I have been a bit less active in writing, for reasons of real life, but the number of page views in 2014 still topped out at close to 100,000. An altogether satisfactory number.

In this review of the year, I will look back on various topics that kept us busy in 2014.

The Catholic Church in the Netherlands

jaimeThere have been many interesting things going in locally, some positive, some negative, but together they reflect the life of the Catholic Church in this country. From Roermond, the case of Bishop Frans Schraven, a martyr for the faith in China, was sent to Rome in light of a future beatification. The financial numbers of 2012 were published and showed a continued downward slope. The Dutch government sent a new – and royal – ambassador (pictured at left) to the Holy See. The Congregation for the Religious sent their second man to meet representatives of religious orders in the Netherlands. Monks of a declining abbey announced that they would be moving to a small island of the northern coast of the country. Personally, I experienced aprocession warfhuizen rain-soaked but satisfying pilgrimage (at right) to another religious site in the north. The Dutch bishops felt the need to stand up against a resurgence of anti-Semitism, and they also announced the upcoming publication of a new Missal translation. My own diocese saw the ordination of two new transitional deacons, while the sole hermit residing in that same diocese also announced the good news of his own upcoming ordination. Protestant clergy discovered the benefits, if not the deeper meaning, of the Roman collar. A community fighting the biography simonisclosing of their local Church appeal to the Pope. Catholic Voices, the successful communications initiative from the UK, launches a Dutch chapter. The retired archbishop of Utrecht, Cardinal Ad Simonis, is the subject of a major biography (cover at left). And in Nijmegen, the Diocese announces changes to the local university chaplaincy.

Cardinal Eijk

eijkThe archbishop of Utrecht remains unenviable as he continues in his work as president of the Bishops’ Conference, member of the Curia in Rome, and all too often a scapegoat. This year, he made headlines when stating that the decisions of the Council of Trent are still current, which caused resentment among ecumenical partners. He was also accused of vetoing a papal visit to the Netherlands, which turned out to be quite untrue, and the bishops ended the rumours by releasing a joint statement.

The seminaries

ariënsinstituut seminariansBy the end of summer, a debate erupted about the future of the seminaries in the Netherlands. Some parties advocated the creation of one or two major seminaries, while others were in favour of continuing with the current six. The majority of seminary directors seemed to favour the first option. Earlier in the year, the Archdiocese of Utrecht, restarted its own seminary (first class, staff and family at left).

Pope Francis

cardinals consistoryThe world remains interested in Pope Francis, and it was no different in this blog. First up, there was his first consistory, in which he created 16 new cardinals, including a fair few unexpected ones. The Holy Father was interviewed by young people from Belgium (at left), an interview that was also televised. Later, the verse vis,luc van looy, francisPope also sent a personal note to the Netherlands, to the participants and organisation of the Catholic Youth Festival. 50,000 altar servers from Germany made a pilgrimage to Rome, where Pope Francis spoke to them. The national Church of the Dutch, the Church of the Frisians, marked the anniversary of its dedication, and Pope Francis sent a note of congratulations. The Pope’s decision to terminate the appointment of the commander of the Swiss Guard led to much rumour, which proved pope francis curia christmas addressunfounded later. Pope Francis clarified this and other questions in a new interview. By the end of the year, Pope Francis announced his second consistory. Finally, his Christmas address to the Curia caused new shockwaves, but deserves a good reading by everyone.

New appointments

101020marx250There has been a fair amount of new appointments in 2014, and especially in Germany. First Fr. Herwig Gössl was appointed as auxiliary bishop of Bamberg. Cardinal Reinhard Marx (at left) was elected as the new president of the German Bishops’ Conference, in addition to his many other duties. In Essen, Bishop Franz Vorrath retired and Fr Wilhelm Zimmermann was appointed as new auxiliary bishop. Archbishop Werner Thissen of Hamburg retired while his successor remains to be appointed. Fr. Stefan Oster was woelki32appointed as the new Bishop of Passau, and Fr. Stefan Burger was the new Archbishop of Freiburg im Breisgau. The Diocese of Erfurt was finally given a new bishop in the person of Bishop Ulrich Neymeyr, after waiting for two years. The biggest appointment of the year was in Cologne, where Cardinal Rainer Maria Woelki (at right) returned from Berlin to succeed Cardinal Joachim Meisner.

Mgr%20Bert%20van%20Megen2-loreWhile there were no new bishops in the Netherlands, a Dutch priest was appointed to represent the Holy See in Sudan and Eritrea. Father Bert van Megen (at left) was consecrated by the Vatican Secretary of State, Cardinal Pietro Parolin.

In Rome, there were also some notable appointments: Cardinal Antonio Cañizares Llovera left the Congregation or Divine Worship to become Archbishop of his native Valencia. He was later succeeded by Cardinal Robert Sarah. Lastly, Pope Francis appointed a new camerlengo and vice-camerlengo.

The Synod

eijk synodThe big topic in the second half of the year was the Synod of Bishops’ Extraordinary Assembly on the family. In the eyes of the rest of the world, Germany remains a focal point of liberal trends that are at odds with Catholic teaching. That is not always true, but some bishops did strengthen that opinion. Bishop Ackermann of Trier was the first to be criticised for his comments on marriage and sexuality. From Brazil, Austrian-born Bishop Kräutler made comments on celibacy, the ordination of women and the Eucharist, and is said to have the Pope’s blessing to develop these ideas further in johan-bonnyBrazil. In Belgium, Bishop Johan Bonny (at left)was the loudest voice to advocate changes in the teachings on marriage, both before and after the Synod. At the Synod, Belgian Cardinal Danneels spoke in favour of mercy, but did not go as far as Bishop Bonny. In the Netherlands, Bishop Rob Mutsaerts explained that the Synod was not about changing doctrine, and Bishop Gerard de Korte stressed the importance of mercy and finding new words to reach people. How doctrine can change remains an important question.

Limburg

tebartzSpilling over from last year, the final acts of the case of Bishop Franz-Peter Tebartz-van Elst (at right) and the Diocese of Limburg played out as it became clear that the Vatican did not want the bishop to stay. He was to retire and Bishop Manfred Grothe, auxiliary bishop of neighbouring Paderborn was appointed as Apostolic Administrator. The last statement of Bishop Tebartz-van Elst spoke of forgiveness and a new beginning. Bishop Grothe presented an overview of the situation since then in his letter for Advent.

Sexual abuse

gijsenThe sexual abuse crisis, while quieter than in the past, still continues, with a few shocking revelations and continuing developments in helping the victims. In 2014, three claims of abuse against the late Bishop Gijsen (at left) were deemed plausible, and the late Bishop Niënhaus, auxiliary of Utrecht, was revealed to have been guilty of sexual abuse. Shortly after the news about Bishop Gijsen, Bishop Frans Wiertz of Roermond offered a Mass of penance and reconciliation and said that there is no excuse for sexual abuse by people of the Church. Later, a court decision forced the bishops to continue accepting new claims of abuse by deceased perpetrators, or cases which happened too long ago to be pursued by a court, until well into 2015.

International events

frans van der lugtThis blog has a clear focus on the local Church in Northwestern Europe, and also on Rome of course, but sometimes events in other parts of the world deserve a place here. In fact, the most-read blog post of the year, with more than 3,900 views, is in this category. It is the sad news of the death of Fr. Frans van der Lugt (at right) in Syria. Another death, this time because of a car crash, was vital wilderinkthat of Dutch-born Bishop Vital Wilderink (at left) in Brazil. Also in South America, the retirement of the Bishop of Paramaribo, also a Dutchman, mad me wonder of his successor would be a native son of Suriname. And then there was the shocking crash of flight MH17 in Ukraine, shot down by rebels, killing 298 people.

From Rome

marriageAnd lastly, Rome also had its say in various developments and decisions which came down to us. The Congregation or Divine Worship urged for restraint in the sign of peace during Mass, Pope Francis married 20 Roman couples and changes in the Curia gave some indications of the future.

Obituaries

In 2014 the following cardinals returned to the Father:

  • José da Cruz Cardinal Policarpo, Cardinal-priest of San Antonio in Campo Marzio, Patriarch emeritus of Lisbon
  • Emmanuel III Cardinal Delly, Cardinal-Patriarch, Patriarch emeritus of Babylon of the Chaldeans
  • Marco Cardinal Cé, Cardinal-Priest of San Marco, Patriarch emeritus of Venice
  • Duraisamy Simon Cardinal Lourdusamy, Cardinal-Priest of Santa Maria della Grazie alle Fornaci fuori Porta Cavalleggeri, Prefect emeritus of the Congregation for the Oriental Churches and Archbishop emeritus of Bangalore
  • Bernard Cardinal Agré, Cardinal-Priest of San Giovanni Crisostomo a Monte Sacro Alto, Archbishop emeritus of Abidjan
  • Francesco Cardinal Marchisano, Cardinal-Priest of Santa Lucia del Gonfalone, President emeritus of the Labour Office of the Apostolic See
  • Edward Bede Cardinal Clancy, Cardinal-Priest of Santa Maria in Vallicella, Archbishop emeritus of Sydney
  • Edmund Casimir Cardinal Szoka, Cardinal-Priest of Santi Andrea e Gregorio  al Monte Celio, Archbishop emeritus of Detroit, President emeritus of the Governorate of the Vatican City State, President emeritus of the Pontifical Commission or the Vatican City State
  • Fiorenzo Cardinal Angelini, Cardinal-Priest of Santo Spirito  in Sassia, President emeritus of the Pontifical Council for Health Care Workers
  • Jorge María Cardinal Mejía, Cardinal-Priest of San Girolamo della Carità, Librarian emeritus of the Vatican Apostolic Library and Archivist emeritus of the Vatican Secret Archives

Whereas 2013 saw the death of more than a few bishops in Northwestern Europa, in 2014 we lost only two:

  • Bishop Hubert Luthe, Bishop emeritus of Essen
  • Bishop Wolfgang Kirchgässner, Titular Bishop of Druas, Auxiliary Bishop emeritus of Freiburg im Breisgau