Policy and Guidelines on Child Protection for the Catholic Church in Tanzania
2013
Table of Contents
Introduction 1
General Definitions 1
Objectives and Scope 2
Chapter One: Fundamental Principles 3
1.1 Principles from the Gospel 3
1.2 Principles from International and Domestic Law 3
1.3 Children will be safe in Church 4
Chapter Two: The Establishment of Appropriate Structures: 5
2.1 National Committee for Child Protection 5
2.2 Diocesan or Congregational Child Protection Structure 5
2.2.1 Child Protection Committee 5
2.2.2 Child Protection Coordinator 6
2.3 Parish Child Protection Representative 6
2.4 Non Parish Institutions 6
Chapter Three: Promotion and Protection of Children 7
3.1 Creating a Safe Environment 7
3.2 Recruitment and Training of Employees and Volunteers 8
3.3 Selection and Formation of Candidates for the Priesthood and Religious Life 10
Chapter Four: Responding to Concerns and Allegations 12
4.1 The Emergence of Concerns or Allegations 12
4.2 Receiving Allegations 12
4.3 Reporting Allegations 13
4.4 The Role of the Child Protection Coordinator 14
4.5 Responding to Allegations – After a Referral has been made 15
4.5.1 Temporary Removal from Post 15
4.5.2 Canon Law Procedures 16
4.6 Precautionary Measures 17
4.7 An Effective Response to the Sexual Abuse of a Minor 17
4.8 Confidentiality 18
Chapter Five: Pastoral Care and Healing 19
5.1 Care of the Victim 19
5.2 Care of the Community 20
5.3 Care of the Accused 20
Chapter Six: Prevention and Protection against Future Risk 21
6.1 At a Community Level 21
6.2 The Church must be an example of best practices 21
Introduction
Care for children is at the heart of the Catholic Church’s mission as entrusted to us by Jesus himself.
“Let the little children alone, and do not stop them from coming to me; for it is to such as these that the Kingdom of God belongs” (Mt. 19:14).
Children’s welfare and protection is a responsibility of every adult person in our society. The welfare of children, therefore, must be at the centre of all that the church does.
Unfortunately, betrayal of this trust has harmed and continues to harm children. The question of child abuse remains sensitive, an almost taboo issue, in most African societies. Since the Catholic Church is involved in an extensive child apostolate through nursery schools, orphanages, schools, and youth ministries, it is imperative to have guidelines in place needed to ensure children’s safety and protection.
With this policy, the Tanzania Episcopal Conference acknowledges that the problem of child abuse exists in Tanzania and, although it has not yet made a thorough and systematic intervention, affirms the deep commitment to creating a safe environment within the Church for children and vulnerable adults. It has listened to the profound pain and suffering of those victimized by child abuse and so wishes to continue to respond to their concerns.
The universal church through the Motu Proprio “Sacramentorum Sanctitatis Tutela” – has clarified the theme of the child proetection and added the sexual abuse of minors as “a grave delict” reserved to the Congregation of Divine Faith (CDF). This means whenever such a delict occurs involving a member of the clergy it must be reported both to the CDF and the civil justice system.
General Definitions
Church Personnel: All Clergy, religious, laity employed by the Church in dioceses, parishes, schools and volunteers who perform Church related services.
A child (minor): Any person from the moment of conception to the age of less than 18.
Child protection: an act of protecting children from intentional and unintentional harm and from all kinds of abuses; physical, emotional, sexual etc.,
Abusers/ perpetrators: People (both men and women) who do harm to children or vulnerable adults.
Child abuse: all forms of physical and /or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust of power.
Objectives and Scope
This “child-centred” policy and guidelines seek:
To provide a course of action on child protection awareness within the Catholic Church in Tanzania.
To offer a comprehensive and unified approach to child protection for the Catholic Church in Tanzania.
To bring greater clarity and consistency to Church procedures in relation to the care and protection of children.
To provide guidance on all forms of child abuse – physical, sexual and emotional abuse and neglect.
To provide guidelines that ensure a healthy cooperation with civil authorities across Tanzania in cases of child abuse.
This policy and guidelines are intended for all pastoral agents and workers in the Catholic Church and its related institutions in Tanzania. However, in the implementation of this policy and guidelines, individual dioceses, congregations, and societies as well as institutions are invited to develop their own specific guidelines.
Chapter One: Fundamental Principles
All children have a fundamental right to be respected, nurtured, cared for and protected. The rights of the child exist because children are human being with dignity and irreducible worth. For Children freedom includes the possibility to grow and develop free from neglect, harm, abuse and exploitation.
1.1 Principles from the Gospel
In the teachings of Jesus, children occupy a central place. Jesus pointed this out in his commission to his apostles and disciples; he told them that whenever they show mercy and compassion to the little ones, they show it to him. Jesus extended this care in a tender way and rebuked his disciples for keeping them away from him: “let the children come to me” (Mt. 19:14). Moreover, he uttered a grave warning that for anyone who would lead the little ones astray, it would be better for such a person “to have a great millstone hung around his neck and to be drowned in the depths of the sea” (Mt. 18:6). These warnings are just a reminder of the collective obligation of the universal church and the church of Tanzania to ensure the care, protection and safeguarding of children and vulnerable people.
1.2 Principles from International and Domestic Law
The preamble to the United Nations Convention on the Rights of the Child, to which Tanzania and the Holy See are signatories, states that the child is entitled to be brought up in the spirit of peace dignity, tolerance, freedom, equality and solidarity. All Tanzanian legislations on child welfare and state policy for child protection accord central importance to the principle that the welfare of the child should be the first and paramount consideration.
Both Church jurisdiction and Tanzania legislation and guidelines accord great importance to the principle that the welfare of the child and protection be taken as their first priority. It is believed that each child shall be cherished and affirmed as a gift from God with an inherent right to dignity of life and bodily integrity which should be respected, nurtured and protected by each one.
1.3 Children will be safe in Church
In the light of the principles from civil policy and the teaching of the Church which inform this document, the Tanzania Episcopal Conference will do all in its power to ensure that the children are safe in Church.
The Church is committed to taking the necessary steps to:
Protect and safeguard children and young people.
Foster best practice.
Ensure accountability through establishing effective structures.
Support Church organisations and personnel in safeguarding children.
Respond effectively to allegations and suspicions of child abuse within the Church and to cooperate with the civil authorities.
Take just and appropriate action in relation to Church personnel who have abused children and to take effective measures against future risk to children.
Promote healing and reconciliation.
Cooperate with other churches and ecclesial communities, other religious bodies, institutions of learning, and other interested organizations to create awareness on the protection and safeguarding of children.
Chapter Two: The Establishment of Appropriate Structures:
The establishment of appropriate structures is required to maximize the effectiveness of child protection procedures throughout the Church in Tanzania. This chapter proposes structures that reflect the importance of all communities working together to protect and safeguard children.
2.1 National Committee for Child Protection
The Tanzania Episcopal Conference shall establish a National Committee for Child Protection. This committee, of not more than ten members, will consist of professionals from child care, psychology, theology, law, academia, education and business and will include parents. This shall be a semi-autonomous directorate in the structure of the Tanzania Episcopal conference.
The committee shall be headed by the director, who will be appointed by the bishops’ conference. The National Committee shall be responsible for ensuring that the Catholic Church in Tanzania policies and guidelines for child protection are implemented and monitored. This will be done by giving professional advice to the TEC and serve as a national training resource for church personnel.
2.2 Diocesan or Congregational Child Protection Structure
2.2.1 Child Protection Committee
Each bishop and religious superior shall, where appropriate, jointly appoint a Child Protection Committee for both the diocese and religious congregation or a religious congregation may request a diocesan Child Protection Committee to act on its behalf. The committee, of not more than five members, shall consist of relevant experts and representatives from parishes and parents.
The committee shall have, among others, the duty of ensuring that the diocese or congregation implements this policy and guidelines and their respective civil procedures.
2.2.2 Child Protection Coordinator
Each bishop and religious superior will appoint a Child Protection Coordinator. This appointment will be made with the support and advice of the Child Protection Committee, which will oversee the work of the Coordinator.
The Child Protection Coordinator should have the personal qualities, interest and life experience that would fit him or her to undertake the tasks involved. The Coordinator need not be professionally qualified or be employed full-time on child protection matters. However, in some of the larger dioceses and religious congregations, employment of a Coordinator on a full-time basis may be necessary.
He or she will be given a role specification and be required to undergo training in child protection procedures.
2.3 Parish Child Protection Representative
At parish level, a parish Child Protection Representative shall be appointed by the bishop upon recommendation of three names presented by the parish council. The parish child protection representative shall, among others, promote the Catholic Church’s child protection policy and to ensure the implementation of this child protection policy and guidelines.
2.4 Non Parish Institutions
Any other Catholic institution which is run by the Catholic Church like schools and orphanage centres shall have a Child Protection Representative who shall be appointed by the bishop or religious superior upon recommendation of the respective institutional board. The responsibility of the Child Protection Representative shall be, though not limited to, to ensure the implementation of this policy and guidelines.
Chapter Three: Promotion and Protection of Children
This chapter gives general guidance on good practice for ensuring a safe environment for children and young people that will promote and protect them while participating in Church activities. Church activities may take place on church premises or in various other environments such as residential events, home visiting or trips out.
3.1 Creating a Safe Environment
Everyone in the Church has a responsibility to safeguard and promote the wellbeing of those who worship in the Catholic Church or who join in for any activity facilitated by Church members. Fostering a nurturing and affirming environment is therefore an essential element of Church activities. This should always be reflected in the practice of those who work with children and young people.
The Episcopal Conference will initiate programs of awareness and mandatory training workshops on the safety and protection of children, and will see to it that they are implemented at diocesan level, parish level and by the institutions which are owned by the Church.
Certain practices will be prohibited, such as:
The use or possession of illegal drugs in environments where Church personnel have contact with children.
The use of alcohol when working with minors.
Speaking to minors with a vulgar language and this goes hand in hand with discussing one’s sexual orientation, activities and preferences with minors.
A customised Code of Good Practice for working with children should be drawn up by all organisations or groups within the Church. The aim of this is to ensure the safety of children and young people, to enhance the work practices of Church personnel, and to reassure parents and guardians, as well as children themselves, that there is a commitment to best practice.
It should include positive child-centred statements about the importance of:
listening to children and young people;
valuing and respecting them as individuals;
rewarding their efforts as well as achievements;
involving them in decision making (where appropriate);
encouraging and praising them.
Each group or organisation should designate a Child Protection Representative and should make known to personnel, and to children and parents, who this person is. The Child Protection Representative will have initial responsibility for dealing with matters relating to child welfare and protection.
The key issues that should be covered in a Code of Behaviour for workers in Church organisations should include: general conduct towards children; respect for physical integrity; respect for privacy; meetings with children and young people; children with special needs or disability; and vulnerable children.
3.2 Recruitment and Training of Employees and Volunteers
It is not easy to identify those who are likely to abuse children, young people or vulnerable adults. Any procedure that helps to clarify details of a person's background and experience can help with identification and can raise awareness levels in the organisation generally. The same should be applied regardless of the level of responsibility or the duration of appointment of a role involving contact with children, young people and vulnerable adults.
Safe practice starts with safe recruitment procedures. Most people who apply to work with children and young people in the Church are well-motivated and potentially suitable for the various tasks involved. It is most important, however, that all reasonable steps are taken to ensure that this is, in fact, the case. As well as enhancing the prospects of identifying the best person for the post, rigorous recruitment procedures can act as a deterrent to unsuitable applicants.
Some of the principles which enhance the safety of recruitment include:
Always applying thorough selection procedures regardless of who the applicant is and whether the position is full-time, part-time, permanent, temporary, paid or voluntary.
Judging the suitability of applicants across a broad range of criteria, through interview.
Ensuring that interviews are conducted by more than one person and that at least one of those interviewing has established competence in interviewing and selection for posts involving work with children.
Taking all reasonable steps to exclude unsuitable candidates by insisting on and verifying references, qualifications and previous records of employment.
Recruitment procedures can be made safer by ensuring that the following key issues are considered and highlighted.
Clear definition of role: Every employee or volunteer who works with children, young people or vulnerable adults will have a role description.
Written application: Applicants should be asked to supply all relevant information in writing, whether on an application form or CV.
Interviews: Interviews should always be conducted by more than one person, ideally an interview panel. The interview is an ideal opportunity to explore with the candidates the information they have provided and to assess in a variety of ways their commitment to the safeguarding of children.
References: An applicant should be expected to supply the names of two referees, who are not family members, who will testify to their general character, their suitability for working with children and young people, and any other relevant details. All references should be provided in writing and later verified by telephone, or in person.
Records: Details of the selection and induction processes should be recorded and placed in the personnel file of the person appointed along with notes made during any part of the selection process, the application form, references and any other associated documentation.
Following the recruitment of a new employee or volunteer, there are key elements of good practice which should be implemented to ensure the protection of children and young people.
Induction: A well-planned induction programme helps the new employee or volunteer’s integration into their new role.
Probationary period: Confirmation of appointment should be made subject to the successful completion of a probationary period, the length of which should be decided from the beginning.
Training: All Church personnel should be offered training in child protection policies and procedures, including information about how to respond to suspicions and allegations of child abuse.
Supervision and support: Supervision of personnel is an essential part of ensuring the welfare of children and young people and will include the opportunity to provide feedback and support.
Written statement of terms: All new employees should receive a written statement of terms of employment, or contract, within two months of commencing employment. On appointment, each person should be given the name of the Child Protection Coordinator and advised of the role of the Coordinator in relation to child protection procedures.
3.3 Selection and Formation of Candidates for the Priesthood and Religious Life
Selection of Candidates:
It is important that those who are accepted into formal training for the priesthood or religious life are determined to have achieved a sufficient level of maturity – particularly affective and emotional maturity – to allow them to engage in and benefit from a programme of formation. In making this determination, the bishop or religious superior shall seek the assistance of those competent in this area, as well as those who know the prospective candidate.
The selection of candidates for priesthood and religious life needs to be seen as an integral process involving the vocational director, the interview board and the bishop or religious superior. Oral references from responsible people who have known candidates over a long time are also important aids to the selection process.
Formation of Candidates:
In keeping with the recommendations of a number of Church documents, the programme of formation shall include a sound human formation and draw on the insights of the human sciences.
It is particularly important that the process of formation fosters the growth and integration of the affective life of the individual, including his or her sexuality in the context of a celibate lifestyle.
Those in formation for priesthood and the religious life shall be given comprehensive training in safe and best practice in working with children and young people.
This training will include, at the earliest possible stage, the provision of clear information about how to respond if concerns about child protection arise in the context of formation or outside it. All those in formation shall be provided with the name and contact details of the relevant Child Protection Coordinator and shall be made aware of the procedures for reporting suspicions or allegations of child abuse outlined in this document. They shall be made aware of the commitment in the Church’s procedures to act in accordance with the principle that the welfare of children is always the paramount consideration.
It is essential that those entrusted with the formation of priests and religious are themselves properly trained in the area of child protection and that their work with those in formation is adequately supported and supervised.
Similarly, sound pastoral and professional practice suggests that in the early years of ministry it is important to provide for:
ongoing pastoral supervision;
continuing professional development;
a system of personal support and mentoring;
periodic personal reviews of experience in ministry.
Clergy already appointed should be encouraged to undergo specialist training. Changes in societal attitudes towards sexual matters raise the possibility of a parish priest finding himself confronted with a parishioner or other describing an account of sexual abuse. Some advance training is obviously wise for the welfare both of the priest and of the abused person.
Chapter Four: Responding to Concerns and Allegations
The abuse of minors is both a crime and a sin and will not be tolerated by the Conference or any institution under it. Any person who knows or suspects child abuse shall report it to the appropriate Church and civil authorities. Most survivors want to be heard and to have their very real pain and hurt acknowledged. They also want a compassionate response from the Church and to see action where this is needed to ensure others are safe.
This chapter deals with the initial response to concerns or allegations of child abuse which comes to the notice of Church personnel and with the procedures for reporting concerns or allegations to the Church or civil authorities.
4.1 The Emergence of Concerns or Allegations
Child abuse may be revealed in a number of ways. It may be a concern or it may be alleged. An allegation of child abuse is direct, specific and supported by some kind of evidence. A concern is less direct or specific. Nonetheless, in either case, it is necessary to take further action.
While recognizing the role of civil authority and without interfering in its course of action in handling matters of child abuse, the Church in Tanzania, cooperating with civil authority, will follow procedures which reflect canonical provisions of the Church and magisterial directives which seek to protect children from any kind of abuse. In this respect the Church has a dual responsibility:
to safeguard children and ensure that no child continues to be exposed to the risk of being abused;
to deal with the person accused and ensure that the proper procedure are followed in relation to the person against whom the complaint has been made, in line with both fair procedures and natural justice. The accused person should be treated as innocent unless the contrary is established.
4.2 Receiving Allegations
When a child or young person discloses child abuse to a person working in any capacity within the Church, it is important that the situation is handled sensitively and compassionately. The same approach should be taken in the case of an adult disclosing abuse which happened when they were a child.
The person receiving the allegation:
Should listen with sensitivity and understanding but avoid interviewing or asking too many questions. It may be necessary to clarify what has been said in order to avoid misunderstandings but leading questions should be avoided.
Should not make promises to keep the information secret, but explain that it will be treated as confidential and that it will only be shared with those who have a right to hear it.
Should be aware that the child or young person may be feeling very frightened and may need reassurance that they have done the right thing in reporting the abuse.
Should take into account the child or young person’s age and level of understanding, their culture and use of language.
Should explain to the child or young person the steps that are likely to follow as a consequence of the disclosure.
The person receiving the allegation should record in writing all the relevant information received, such as, dates, times, names, and locations.
They should then, as soon as possible, report the alleged abuse to the Child Protection Representative of the Parish who will then liaise with the Diocesan Child Protection Coordinator.
The person about whom the allegation or concerns are being raised should not be contacted to tell them about the information; this could put the child or young person in serious danger, and prejudice any criminal investigations.
Where the allegation concerns the person that would usually be referred to, the next available Child Protection Coordinator should be contacted.
4.3 Reporting Allegations
Each diocese shall have a Child Protection Coordinator who will receive and process the allegations of abuse against children and initiate the diocesan process as well as liaise with the civil authorities. Each parish shall have a Child Protection Representative who shall receive and report to the Child Protection Coordinator any allegations of abuse against children as well as support any person who has listened to an allegation of abuse.
The Child Protection Coordinator shall immediately report to the bishop or the religious superior (in the case of religious) of the allegation. In their absence, the person acting in their place should be informed.
Whenever a child, young person or adult raises concerns, makes an allegation or a set of circumstances are observed which cause concerns about a child or young person making and keeping an accurate record in writing is important.
The Child Protection Coordinator will create a Child Protection Case file which will be kept securely and will contain information relevant to the particular child or adult as appropriate as well as all information relating to the case. All records must be kept in a confidential and secure place and must only be shared in order to safeguard a child with the Child Protection Representative, the Child Protection Coordinator or a professional from the civil authorities.
4.4 The Role of the Child Protection Coordinator
After receiving the allegation of child abuse, the Child Protection Coordinator shall determine whether there are “reasonable grounds for concern” that child abuse may have occurred and shall proceed in one of the following ways. At all times the Child Protection Coordinator shall inform the bishop or religious superior of what is proposed.
1. Report directly to the civil authorities
Where it is verified that there are reasonable grounds for concern that child abuse has occurred, the Child Protection Coordinator shall, on behalf of the bishop or religious superior, report the allegation to the civil authorities immediately. In reporting these matters, the Child Protection Coordinator will have satisfied him or herself that there is at least a semblance of truth to the allegation.
The Child Protection Coordinator shall cooperate fully with the civil authorities to see that justice is done to all interested parties.
2. Seek further clarification
The Child Protection Coordinator may need to seek greater clarification and further information in establishing whether “reasonable grounds for concern” exist. The investigation process should be swift, but go hand in hand with pastoral care and confidentiality for both the accuser and the accused.
3. Take no further action against the accused person
This will only occur where the Director of Child Protection is convinced that it would have been impossible for the person against whom the allegation is made to have committed the alleged action or offence, for example, if it has been conclusively established that he or she was absent from the alleged location at the time that the alleged offence took place.
If no further action is to be taken, then it is the responsibility of the Child Protection Coordinator to:
Advise the complainant in writing of the action taken and the outcome, including other means of pursuing the complaint if they remain dissatisfied.
Keep a record of the complaint including all the information received and any correspondence, measures taken and why it was considered no further action was to be taken.
Advise the person accused that a complaint has been made and inform them of its nature; advise them that it has been considered without substance and that no further action is to be taken. Advice and support should be given.
Consider whether the child or young person may have been abused by someone else, and if necessary, report the matter to the civil authorities for follow-up.
There should be notable precautions on the side of the Child Protection Coordinator and the Church authorities against malicious and false accusations. There are cases of people who wish to victimize others for their personal gain and ambitions. Consequently, great prudence should be exercised in this area.
4.5 Responding to Allegations – After a Referral has been made
4.5.1 Temporary Removal from Post
The temporary removal from post may be necessary while investigations, both Church and civil, take place. This action does not imply guilt. It facilitates the progress of the investigations and reduces possible risks to children pending further enquiries.
All Church personnel, whether clerical, religious or lay, who have been accused of child sexual abuse and it has been established that there are “reasonable grounds for concern” followed by a referral to the civil authorities will automatically take leave of absence, being temporarily removed from their role, pending the outcome of the criminal or diocesan investigation.
When the allegation regards other types of abuse, such as, physical or emotional abuse, the decision to suspend is not automatic, but will be based on a risk assessment.
An evaluation of risk to children and vulnerable adults is not a one-off event but a continuous process which starts from the point at which the concerns or allegations are first raised. The Child Protection Coordinator will collect up to date information from all relevant sources to evaluate the risks and make recommendations to the relevant bishop, or religious superior, who will make the decision.
The result of the evaluation of risk by the Child Protection Coordinator and the bishop, or religious superior’s decision will normally be communicated to the subject in a face to face meeting where the report, which contains the recommendations and decisions, will be shared with the subject to communicate the rationale behind the decisions taken. Information provided to an accused person about an allegation will be restricted at this point if a police investigation is pending.
All risk assessment processes will ensure that the interests of the child or young person are always paramount.
A volunteer will be required to temporarily stand down from their post until decisions have been made.
Employees may be suspended on full pay from their position by their Employer in line with their disciplinary policies and procedures.
Clergy and Religious may have a temporary withdrawal from active Ministry.
4.5.2 Canon Law Procedures
In the case of a priest:
In conjunction with the procedures outlined previously, when the bishop is informed that a priest has been accused of sexual abuse, then the bishop will decree the initiation of a preliminary investigation conducted in harmony with Canon Law (CIC, cc. 1717-1719) and precautionary measures, as are stipulated in the Code of Canon Law (CIC, c. 1722).
A priest or deacon who is accused of sexual abuse of a minor is to be accorded the presumption of innocence during the investigation of the allegation and all appropriate steps are to be taken to protect his reputation. He is to be encouraged to retain the assistance of civil and canonical counsel. If the allegation is deemed not substantiated, every step possible is to be taken to restore his good name, should it have been harmed.
During investigation the reputation of the accused must be safeguarded (CIC, cc. 220, 1717#2). However, if there his continued ministry may constitute a scandal to faithful, due to knowledge of the allegation, then the local ordinary may ask him to resign voluntarily from ecclesiastical office (CIC, cc. 187-189). If the accused refuses to resign, the local ordinary can have recourse to canon 149§1. The local ordinary can, like wise withdraw the clergy’s privilege of wearing clerical attire (CIC, cc. 85-88, 284).
If the result of the preliminary investigation is that the accusation is credible, the bishop must refer the case to the Congregation for the Doctrine of Faith.
In the case of religious who are not ordained:
In a similar manner to that of the priest, and in conjunction with the procedures outlined previously, when the religious superior is informed that one of its non-ordained members has been accused of sexual abuse then he or she will initiate an investigation. All the facts and evidence as well as the reply of the religious are to be forwarded to the superior general (CIC, c. 695§2).
4.6 Precautionary Measures
In cases where, in the judgment of the Child Protection Coordinator, the complaint does not constitute “reasonable grounds for concern” that child abuse has occurred, but rather indicates inappropriate behavior, misconduct or a breach of standards on the part of the person in question, it may be necessary to take further action and/or implement disciplinary procedures. In such instances, the bishop or the religious superior should be the one to decide the course of action which may include: a professional assessment of fitness to carry out duties; advice and counselling; a requirement to undertake special training or seek specialized assistance.
4.7 An Effective Response to the Sexual Abuse of a Minor
As His Holiness, Pope John Paul II, in his Address to the Cardinals of the United States and Conference Officers: “There is no place in the priesthood or religious life for those who would harm the young.”
Sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CIC, c.1395 §2; CCEO, c. 1453 §1). Because of the seriousness of this matter, jurisdiction has been reserved to the Congregation for the Doctrine of the Faith (Motu proprio Sacramentorum sanctitatis tutela, AAS 93, 2001). Sexual abuse of a minor is also a crime in all civil jurisdictions in Tanzania.
Diocesan policy is to provide that for even a single act of sexual abuse of a minor*—whenever it occurred—which is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon is to be permanently removed from ministry and, if warranted, dismissed from the clerical state. In keeping with the stated purpose of this policy, an offending priest or deacon is to be offered therapeutic professional assistance both for the purpose of prevention and also for his own healing and well-being.
4.8 Confidentiality
The relationship of Church personnel with children and young people in their care is based on trust and confidentiality. There may be times, however, when a child or a young person – or indeed an adult – confides in a person who works for the Church information which indicates that child abuse may have occurred or that the safety of children or young people is at risk, and they may ask that the matter be treated as completely confidential. In this situation, the person working for the Church should carefully explain that although they respect the sensitive nature of the information, they are unable to give an assurance of complete confidentiality: they will need to inform the relevant authorities so that action may be taken to protect children and young people from potential harm.
Chapter Five: Pastoral Care and Healing
5.1 Care of the Victim
To deal with the aftermath of child abuse, the Catholic Church in Tanzania will regard solidarity with, and healing of abused victims to be one of its capital concerns. The Church expresses her concern and her commitment to see to it that any abused child is supported and efforts are gathered to prevent recurrence of such abuse.
The person who has been abused, or the families of children who have been abused, may have the following pastoral needs:
to know that they are being listened to, believed and respected;
to know that they are recognised as individuals with particular needs;
to know that the suffering and the pain they have experienced prior to the time of the disclosure will be acknowledged;
to be given information regarding the Church and civil processes which will follow;
to be kept informed;
to know whether the alleged offender has admitted or denied the allegation;
to have access to support;
to have access to professional counselling;
to have spiritual guidance and help with the practice of their faith.
The Catholic Church in Tanzania will ensure that pastoral care which will provide pastoral outreach, support and resources to victims of child abuse is provided in a timely manner in order to heal the wounds caused by perpetrator. This will include both counselling and spiritual assistance that aim at healing the hearts of victims.
From a legal point of view, the Church will ensure the right of the victim to intervene in canonical procedures as an injured party and see to it that the right to demand reparation for damages caused by the guilty party is granted.
5.2 Care of the Community
The community is also hurt and traumatized by the incidences of child abuse. The Church is very much concerned with people’s spiritual, physical and emotional well being and it is part of her ministry to reach out to all who need her care in these areas. The Church will support the community and guide it along the path of forgiveness and conversion.
Whether an allegation concerns current, recent or historical abuse, the Church communities affected will need:
appropriate and accurate information;
assurance that the relevant civil authorities have been advised and that appropriate action is being taken;
advice on child protection principles and procedures;
spiritual support;
emotional support, particularly for parents of other children in the community concerned.
In this respect, the Church will take it as her responsibility to organize seminars, both for creating awareness and breaking the culture of silence and for healing the wounds of the abused children. Besides education and counselling, a “safe environment” programme will be introduced.
5.3 Care of the Accused
A person who has been accused of child abuse will require emotional, spiritual and practical support. They may be subject to a range of feelings including fear, isolation, guilt, anger, depression and denial. They may have particular concerns in regard to practical issues such as future income and accommodation. For these reasons, it is important that the person accused receives reassurance that the necessary emotional, spiritual and legal supports.
As the allegations do not amount to condemnation, the Church, while making it clearly known that the accused Church personnel bear the responsibility of the allegation against themselves, the Church will continue to provide the accused with spiritual, emotional and legal assistance and right of defence, as long as the facts of the case have not been tried.
The trauma which the victims suffer is enormous but even those who are subject to false accusations suffer gravely. The Church will ensure that the rehabilitation of Church personnel who was wrongly accused is done and work to see that his/her good name and reputation are restored.
Chapter Six: Prevention and Protection against Future Risk
Taking just and appropriate action to protect against future risk is an essential element of an effective child protection policy in which the welfare of the child is paramount. This chapter outlines actions to be taken in the prevention and protection against future risk.
6.1 At a Community Level
Those who have suffered child abuse are members of a community. When the community becomes aware of child abuse having occurred in its mist then it needs to find a way forward. In its deliberation the community, either at parish level or at diocesan/religious congregation level, may wish to reflect on the following:
Church for all – Ensure that the church has a healthy culture of welcome and inclusion, which affirms personal value for all and where no one feels inappropriately judged.
Self criticism – We can always do better, but only if we remain open to criticism and avoid complacency. This will help to avoid the dangers of falling into denial and defensiveness if a complaint is ever made. There should always be a healthy intolerance of behaviour that is unholy.
Training – Clergy and others with pastoral responsibilities should have adequate training. This should include the provision of appropriate responses and support for any who have suffered sexual or other types of abuse.
Specific sources of support – All parishes should have named individuals who have particular responsibilities for safeguarding and protecting children and/or adults. These people may be a good first point of contact for a survivor who wishes to disclose. Their names and roles should be made available on church notice boards.
6.2 The Church must be an example of best practices
By its very nature sexual abuse, in common with all other types of abuse, devalues people. Every person has a value and dignity that comes directly from the creation of human beings in God’s own image and likeness. Christians see this potential as fulfilled by God’s re-creation of us in Christ. Failure to respond in a way that shows respect for the value of all, according to their needs, undermines issues at the heart of the Christian faith.
The presence in our churches of those who have experienced sexual abuse highlights a number of important theological themes, including the affirmation of personal value as created and valued by God, issues of compassion, of justice, of inclusiveness, of forgiveness, and the role of the Church as mater et magistra and a sign of the kingdom of God.
