By GEOFFREY ROBERTSON - GUARDIAN.CO.UK
Added: Thu, 01 Apr 2010 23:00:00 UTC

Thanks to LWS for the link.
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Well may the pope defy "the petty gossip of dominant opinion". But the Holy See can no longer ignore international law, which now counts the widespread or systematic sexual abuse of children as a crime against humanity. The anomalous claim of the Vatican to be a state – and of the pope to be a head of state and hence immune from legal action – cannot stand up to scrutiny.

The truly shocking finding of Judge Murphy's commission in Ireland was not merely that sexual abuse was "endemic" in boys' institutions but that the church hierarchy protected the perpetrators and, despite knowledge of their propensity to reoffend, allowed them to take up new positions teaching other children after their victims had been sworn to secrecy.

This conduct, of course, amounted to the criminal offence of aiding and abetting sex with minors. In legal actions against Catholic archdioceses in the US it has been alleged that the same conduct reflected Vatican policy as approved by Cardinal Ratzinger (as the pope then was) as late as November 2002. Sexual assaults were regarded as sins that were subject to church tribunals, and guilty priests were sent on a "pious pilgrimage" while oaths of confidentiality were extracted from their victims.

In the US, 11,750 allegations of child sex abuse have so far featured in actions settled by archdioceses – in Los Angeles for $660m and in Boston for $100m. But some dioceses have gone into bankruptcy and some claimants want higher level accountability – two reasons to sue the pope in person. In 2005 a test case in Texas failed because the Vatican sought and obtained the intercession of President Bush, who agreed to claim sovereign (ie head of state) immunity on the pope's behalf. Bush lawyer John B Bellinger III certified that Pope Benedict the XVI was immune from suit "as the head of a foreign state".
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TAGGED: ABUSE, LAW, RELIGION