The duty of the Institute Towards The Religous who separates it. Practices and perspectives

Abstract

The obligations of the religious institute toward members who leave it are established in can. 702 §2 of the Code of Canon Law, which states: «Nevertheless, the institute is to observe equity and the charity of the gospel toward a member who is separated from it». The implementation of this principle in practice means that — thanks to the concept of canonical equity - the superiors must consider all that is suggested by charity. This allows to avoid the rigor of the law, by adapting it to individuals with prudence and moderation. Therefore, it is a real moral and canonical duty, even if motivated by charity and equity. The institute has an obligation and the former religious member has a right that equity and charity are observed toward him. Despite the existing rules, religious institutes continued to have problems in providing for an appropriate assistance for separated members. This has been highlighted in various answers that the Holy See sent in different moments to major superiors of several religious institutes. Can. 702 §2 presents one of the most humane and  ise
rules of the entire Code. It obliges the institute to show dignity and Christian compassion toward the members who separate from it. Equity in the canonical system is clearly based on mercy and charity. The charity of the gospel is the charity of Christ. By requesting equity and charity, the legislation suggests that they should go hand in hand.