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Supplemental Submission to the United Nations Committee on the Rights of the Child in Advance of Its Review of the Holy See During Its 65Th Session

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Supplemental Submission to the United Nations Committee on the Rights of the Child in Advance of Its Review of the Holy See During Its 65Th Session Supplemental Submission To the United Nations Committee on the Rights of the Child In Advance of its Review of the Holy See During Its 65th Session December 2013 I. Introduction The Center for Constitutional Rights and Survivors Network of those Abused by Priests submit this supplemental information for the Committee’s consideration in advance of its review of the Holy See during its 65th Session. This information supplements that contained in an alternative report submitted to the committee on 28 February 2013, entitled “Fighting for the Future: Adult Survivors Work to Protect Children & End the Culture of Clergy Sexual Abuse” (hereinafter “Alternative Report”).1 This submission addresses the Holy See’s response of 25 November 2013 to the Committee’s List of Issues (CRC/C/VAT/Q/2) (“LOI”) and further provides additional information on developments since 1 March 2013, particularly in relation to Question 11 of the LOI. II. The Vatican’s Response to the List of Issues We note that the Holy See’s response goes to great length to confine its obligations and liabilities under the Convention to the territory of Vatican City State, where it acknowledges citizenship and/or residence of 31 children. The Holy See seeks to redirect responsibility for widespread and systemic violations of the Convention and OPSC occurring in other sovereign territories that were committed, abetted, facilitated or covered up by Catholic officials acting under its authority to other States. In doing so the Holy See overlooks a critical feature of international law and the extraterritorial obligations of States to respect, protect and fulfill human rights. This Committee has recognized that “the Convention does not limit a State’s jurisdiction to ‘territory’” and further that “[i]n accordance with international law, the Committee has previously urged states to protect the rights of children who may be beyond their territorial borders.”2 The CRC’s position on this point is consistent with a number of human rights monitoring bodies which have found that 1 Center for Constitutional Rights, Fighting for the Future: Adult Survivors Work to Protect Children & End the Culture of Clergy Sex Abuse, 28 Feb. 2013, available at http://www.ccrjustice.org/files/SNAP%20Shadow%20Report%20to%20UN%20CRC.pdf (hereinafter “Alternative Report”). CCR and SNAP thank Kate Morris for her assistance in the preparation of this Supplemental Submission. 2 United Nations Committee on the Rights of the Child, General Comment No. 16 on State Obligations Regarding the Impact of the Business Sector on Children’s Rights, para. 39, UN Doc. CRC/C/GC/16 (2013). [hereinafter CRC General Comment No. 16] available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGC%2f16&Lang= en. States’ obligations extend to “those within the power or effective control” of the agents of a State Party acting outside its territory,3 or when the “acts and omissions of its agents […] produce effects or are undertaken outside that state’s own territory”4 or when there is a “causal nexus between the extraterritorial conduct of the State and the alleged violation of the rights and freedoms of an individual.”5 As set out in the Alternative Report, the Holy See has been the chief causal link to violations of the rights of children under the Convention in this context. At the same time, the acts and omissions of its agents have clearly produced effects that resulted in the violation of the rights of children to be free from sexual exploitation and violence. These violations were wholly foreseeable, given the manner in which the Vatican operated on these issues, namely to protect the reputation of the Church and quietly shift offending priests around from one parish or country to another with knowledge that such persons continued to offend. This representation by the Holy See is particularly disingenuous in light of the all-too-numerous accounts of efforts by bishops, archbishops, cardinals and other Church officials around the world to cover up these crimes and subvert the course of justice in other States, further compounding the harm to victims. Not only have Church officials not cooperated fully in investigations and prosecutions, they have been found to have worked in many cases to ensure that the legal process in other States could not work as intended, i.e. to protect rights, prevent harm and provide redress when it occurs.6 The Holy See also attempts to make distinctions between the international legal personality and responsibility of the sovereign state and Catholic entities and organizations around the world without acknowledging the authority, control and oversight it exercises over such institutions, 3 See, Human Rights Committee, General Comment No. 31: The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, para. 10, U.N. Doc. CCPR/C/21/Rev.1/Add. 13 (2004), available at http://www.unhchr.ch/tbs/doc.nsf/0/58f5d4646e861359c1256ff600533f5f. 4 Victor Saldaño v. Argentina, Inter-Am. Comm’n H.R., Report No. 38/99, OEA/Ser.L/V/II.95 doc. 7 rev. at 289 ¶ 17 (1998) (a State Party “may be responsible under certain circumstances for the acts and omissions of its agents which produce effects or are undertaken outside that state’s own territory”). 5 Ecuador ex rel. Molina v. Colombia, Inter-State Petition IP-02, Inter-Am. Comm’n H.R. Report No. 112/10, OEA/Ser.L/V/II.140 doc. 10 (2010) (State liable for extraterritorial harm when there is a “causal nexus between the extraterritorial conduct of the State and the alleged violation of the rights and freedoms of an individual”). See also, U.N. Human Rights Comm., Munaf v. Romania, para. 14.2, 96th Sess., July 13–31, 2009, U.N. Doc. CCPR/C/96/D/1539/2006 (Aug. 21, 2009) (extending state responsibility for human rights violations in situations beyond the state’s control of either persons or places when (a) the State Party was a ‘causal link’ in the chain that led to a violation of the International Covenant on Civil and Political Rights and (b) if the state had knowledge that the rights violation was foreseeable); Georgia v. Russian Federation, International Court of Justice, Provisional Measure, 2008 I.C.J. 353, ¶ 109 (Oct. 15) (Articles 2 and 5 of the Convention on the Elimination of All Forms of Racial Discrimination “generally appear to apply, like other provisions of instruments of that nature, to the actions of a State party when it acts beyond its territory”). The Inter-American Commission on Human Rights has likewise acknowledged the extraterritorial obligations of States. See Armando Alejandre Jr. and Others v. Cuba, Case 11.589, Report No. 86/99, [OAS/Ser.L/V/II.104 doc. 10 rev. at] ¶ 23 (1999) (“the exercise of [the Commission’s] jurisdiction over extraterritorial events is not only consistent with but required by the applicable rules”). 6 See e.g., Alternative Report, supra note 1 at 10-15. 2 | CCR, SNAP Submission to UN CRC generally, and in particular with regard to allegations of rape and sexual violence by priests and others associated with the Church, like seminarians, brothers and nuns. 7 Moreover, it is significant that the Holy See acknowledges that cardinals, many of whom oversee large archdioceses around the world, are deemed citizens of Vatican City in light of mounting evidence and documentation that a number of these cardinals have followed policies and practices that covered up the sexual violence, protected offending priests, thwarted investigations, and hindered victims’ access to justice.8 III. Select Updates on Policies and Practices related to Sexual Violence by Clergy As tragic stories continue to unfold in many places around the world, below we provide only a few examples of the many situations that have developed since the submission of the Alternative Report in February. These examples demonstrate that serious breaches of obligations under the Convention continue under the new pope, interests of the Church continue to be preferenced over the best interests of the child, and children remain at risk. These updates further demonstrate that in addition to violations of the rights to life, and to be protected from sexual exploitation and abuse, and acts of torture or cruel, inhuman or degrading treatment or punishment, the Holy See is further violating the rights of children and survivors of childhood sexual violence by taking affirmative measures to deny their access to justice and to a remedy and reparations. A. Change to Vatican City law, Creation of a Commission As noted in its response to the Committee’s List of Issues, the Vatican announced that it was updating its criminal code with a view to bringing it into alignment with international legal standards, including the Convention on the Rights of the Child and its optional protocols. The reforms, which took effect on 1 September 2013, purport to improve legal protections for children by providing a broader definition of the category of “crimes against minors,” including the sale of children, child prostitution, the military recruitment of children, sexual violence against children, and producing or possessing child pornography. 9 Despite having long been a State Party to the Convention and OPSC, these offenses had not previously been criminalized by the Holy See. Sexual offenses existed under the Vatican’s penal code only in a general form, as 7 Id.; See also, Center for Constitutional Rights, Victims’ Communication Pursuant to Article 15 of the Rome Statute Requesting Investigation and Prosecution of High-level Vatican Officials for Rape and Other Forms of Sexual Violence and Torture as a Crime Against Humanity, ICC File No. OTP-CR-159/11, Sept. 2011, at 51-55, (hereinafter “Victims’ Communication”), available at http://s3.documentcloud.org/documents/243877/victims- communication.pdf; and Center for Constitutional Rights Letter to Mr.
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