Object's details: Jurisdictional immunity of the Holy See and responsibility for the sexual abuse by the clergy. Considerations on the basis of the judgment of the European Court of Human Rights of October 12, 2021. in the case of J.C. et al. v. Belgium (Application no. 11625/17)

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
Jurisdictional immunity of the Holy See and responsibility for the sexual abuse by the clergy. Considerations on the basis of the judgment of the European Court of Human Rights of October 12, 2021. in the case of J.C. et al. v. Belgium (Application no. 11625/17)
Creator:
Borecki, Paweł
Description:
The Belgian courts and the ECtHR treating the Holy See as a state is an over-inter-pretation. The Holy See cannot be treated as a foreign sovereign. This is a historical anachronism. At the very most, we can speak of the so-called ‘spiritual sovereignty’ of the Holy See, which his related to the fact that it is the governing body of the Catholic Church. However, it has no public-law powers over church structures and its followers. The Church is a voluntary international private association of natural persons. It has no administrative power over its members. The Holy See has a superior position over bishops. Therefore, it should also be responsible for the lack of a proper reaction by these church leaders to the sexual abuse of the clergy subordinate to them. In the past, the Catholic Church operated a policy of silence (omerta) based on clericalism. The pontiﬁcate of Pope Francis brought about fun-damental changes in this area. However, the judgment of the European Court of Human Rights of October 12, 2021 is procrastinating and will probably trigger what can be termed a ‘chilling effect’. What takes precedence is the good of the inﬂuential institution – the Holy See – and not those individuals wronged in their childhood.
Object availability:
free access
Rights:
Prawa autorskie (c) 2022 Paweł Borecki;
https://creativecommons.org/licenses/by-nc-nd/4.0
Date:
2022.06.10
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukowy
Language:
Polish
Source:
Studia Prawa Publicznego; No. 1 (37) (2022); 151-168;
Studia Prawa Publicznego; Nr 1 (37) (2022); 151-168;
2720-2445;
2300-3936
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/spp/article/view/34063/29541
Subject:
jurisdictional immunity;
sovereignty;
right to a fair trial;
paedophilia;
the Holy See
Identifier: http://pressto.amu.edu.pl/index.php/spp/article/view/34063
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

Similar objects

Jurisdictional immunity of the Holy See and responsibility for the sexual abuse by the clergy. Considerations on the basis of the judgment of the European Court of Human Rights of October 12, 2021. in the case of J.C. et al. v. Belgium (Application no. 11625/17)

Creator:Borecki, Paweł

Date:2022.06.10

Type:text

Responsibility of church legal entities for the actions of a pedophile clergyman – a judgment as a precedent. Comments on the judgment of the Supreme Court of March 31, 2020, file ref. no. II CSK 124/19

Creator:Borecki, Paweł

Date:2020.10.15

Type:other

Wybrane aspekty prawa do sądu w świetle nowelizacji kodeksu postępowania cywilnego

Creator:Rzucidło, Jakub

Type:other

Can I use it?:seek permission

Invalidity and expiry of the Polish concordat of 1993

Creator:Borecki, Paweł

Date:2020.12.15

Type:other

Limitations on the admissibility of submitting an application for granting the right to assistance

Creator:Talaga, Robert

Date:2020.12.15

Type:text

Taking Decisions on Customary International Law by the International Court of Justice in the Case Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening), 2012

Creator:Geiger, Rudolf

Type:other

Can I use it?:seek permission

La souveraineté ou les souverainetés ? Réflexions sur les relations entre souveraineté de l’État et souveraineté de la nation

Creator:Chęciński, Remigiusz | Departout, Alexandre | Mądry, Tymoteusz

Date:2013.06.30

Type:text

The principle of the separation of powers and the so-called investment ‘special acts’ for a specific purpose: reflections on the boundaries between lawmaking and application (towards a general administrative act)

Creator:Pawłowski, Sławomir

Date:2021.09.30

Type:other

Federacja Bibliotek Cyfrowych

Object's details: Jurisdictional immunity of the Holy See and responsibility for the sexual abuse by the clergy. Considerations on the basis of the judgment of the European Court of Human Rights of October 12, 2021. in the case of J.C. et al. v. Belgium (Application no. 11625/17)

Description

Similar objects