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Children's Rights and Obligations in Canon Law: The Christening Contract: Studies in Religion, Secular Beliefs and Human Rights, cartea 14

Autor Mary McAleese
en Limba Engleză Hardback – 6 noi 2019
In the first study of its kind Mary McAleese subjects to comprehensive scrutiny the Roman Catholic Church’s 1983 Code of Canon law as it applies to children. The Catholic Church is the world’s largest non-governmental organisation involved in the provision of education and care services to children. It has over three hundred million child members world-wide the vast majority of whom became Church members when they were baptised as infants. Canon law sets out their rights and obligations as members. Children also have rights which are set out in the 1989 United Nations Convention on the Rights of the Child to which the Holy See is State Party. The impact of the Convention on Canon Law is examined in detail and the analysis charts a distinct and worrying sea-change in the attitude of the Holy See to its obligations under the Convention since the clerical sex abuse scandals became a subject of discussion at the Committee on the Rights of the Child, which monitors implementation of the Convention.

Mary McAleese wins Europe’s richest theology prize for her study of canon law.
The former President of Ireland Mary McAleese has won one of the Catholic world’s most prestigious prizes, the Alfons Auer Ethics Award, from Tübingen University in Germany for her doctoral thesis on Children’s Rights and Obligations in Canon Law.
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Specificații

ISBN-13: 9789004411166
ISBN-10: 900441116X
Dimensiuni: 155 x 235 mm
Greutate: 0.89 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Studies in Religion, Secular Beliefs and Human Rights


Cuprins

Acknowledgments
List of Abrreviations
Introduction
1Objective and Scope of the Research
2State of the Question
3Methodology
1Children as Rights Holders
1A basic framework
1.1Internal Considerations
1.2External Considerations
2A Brief History of the Development of Children’s Rights
2.1Conflicting Views of Childhood from Antiquity to the Modern Era
2.2Early Christian Teachings and Children’s Rights
2.3The Influence of the Old and New Testaments
2.4Church, State and Patria Potestas
2.5The Impact of the Enlightenment and Romanticism
2.6Children’s Rights in the Early Twentieth Century
2.7The United Nations and Children’s Rights
3Background to Children’s Rights in Current Canon Law
3.1The Second Vatican Council and Children
3.2Children’s Rights in Drafting the 1983 Code of Canon Law
3.3The Idea of Rights of the Faithful
3.4Children’s Rights in Post CIC Church Documents
2The Code of Canon Law and Children
1Terminology
1.1The Canonical «person»
1.2The Word «child»
1.3Age and the Child in Canon Law
1.4The Unborn
1.5Minor
1.6Infant
1.7Non sui compos
1.8Post Infancy Minority to Adulthood
2Who is a «child» in Canon Law
2.1Problems with the Term «child»
2.2Interpreting the Terms Pueri (Children) and iuvenis (youth)
2.3Problems with the Terms Infans (Infant) and Minor (Minor)
2.4Use of the Term «Childhood»
3The Canonical Effects of Baptism on Children
3.1The Spiritual/Theological Effects of Baptism
3.2The Ecclesial/Juridic Consequences of Baptism
3.3The Paedobaptized and Credobaptized
4Completing Sacramental Initiation and Its Canonical Effects
4.1The Meaning of «full Christian initiation»
4.2Initiation and Membership
4.3Penance
4.4The Sacrament of the Eucharist and Children’s Rights and Obligations
4.5The Sacrament of Confirmation and Children’s Rights and Obligations
5The Rights and Obligations of Others Which Affect Children
5.1Rights and Obligations of the Child’s Parents
5.2Church Rights and Obligations Regarding the Child’s Education and Upbringing
5.3Teachers
5.4Rights and Obligations of a Child’s Godparents/Sponsors
5.5Rights and Obligations of the Child’s Pastor
5.6Rights and Obligations of the Child’s Diocesan Bishop or Ordinary
5.7Rights and Obligations of the Child’s Catholic Community
5.8Rights and Obligations of the Pope and Magisterium with Regard to the Child
5.9The Catholic Child’s All-Embracing Catholic Milieu
6Children’s Rights and Obligations in the CIC
6.1The Basic Canons: Cann. 11, 96, 97, 98, 111 and 112
6.2Rights and Obligations of Infant Minors from Birth to Age Seven
6.3Infant Minors’ Rights to the Sacraments
6.4Rights and Obligations of Minors Aged Seven and Upwards
6.5The CIC and the Child’s Evolving Capacities
7Rights and Obligations of the Christian Faithful and Laity
7.1Rights and Obligations of the Christian Faithful. The Introductory Canons, 204–207
7.2Rights and Obligations of the Christian Faithful: Canons 208–223
7.3General Rights and Obligations of the Laity Canons 224–231
7.4Additional General Rights and Obligations of the Faithful and the Laity
8Rights of the Non-Baptized Child
3Canon Law and the UN Convention on the Rights of the
1The Holy See and the CRC in Dispute
2The United Nations Convention on the Rights of the Child 1989
2.1Children’s Rights under the UNCRC
2.2Compliance with the UNCRC
3The Holy See and the United Nations
4The Holy See and the UN Convention on the Rights of the Child
4.1Distinct but Related, the Holy See, the Vatican City State and the Catholic Church
5The Holy See’s UN Treaty Compliance Reports
5.1The Holy See and the CERD398
5.2The Holy See and the CRC
6Canon Law and the uncrc – An Inconclusive State of Affairs
Conclusion
Bibliography
Index of Authors

Notă biografică

Mary McAleese, JDL (2019), Pontifical Gregorian University, is Professor of Children, Religion and Law at the University of Glasgow. She is both a civil and canon lawyer and was President of Ireland 1997-2011. Her publications include Quo Vadis, Collegiality in the Code of Canon Law (Columba Press, 2012).