The right to legal custody in religious life

Abstract

Within the framework of the guiding principles in the review of the current CIC, it is expressly established that the rights of each faithful must be recognized and protected, given that the defense of rights is inherent to the dignity of the person and thus imperative. It would be a fallacy to declare rights that, in practice, could not be claimed or defended. Therefore, it is the responsibility of the legislator to protect the right of defence of a devotee against the abuse of power of a Superior and to oppose, from the legal framework, possible acts of abuse in the exercise of power. Faced with this, the following research question arises: What real options does the devotee have in the Church legal system to obtain restitution for the damage and repair any injustice committed? In the instances to exercise the ius defensionis of a devotee, unlike secular law, we note that, in the religious institute governed by its authorities, the Superior is judge and party, which does not ensure impartiality. Within the framework of the above, once the canonical remedies have been exhausted, all consecrated persons have the right to appeal, through a hierarchical appeal, to the Roman Pontiff, who administers justice through the competent bodies of the Roman Curia.