Appendix II: (Volume I)
Genocide is defined in Article 2(10) of the Draft Code of Offences against the Peace and Security of Mankind as acts by the authorities of a State or by private individuals committed with intent to destroy, in whole or in part, a . . . religious group. These include:
(i) Killing members of the group, (ii) causing serious bodily or mental harm to members of the group; (iii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (iv) imposing measures intended to prevent births within the group.
All of these elements can be seen in anti-clerical measures inflicted against the clergy. Laicist laws limiting the number of priests or expelling religious orders violate No. iii of the above. Anti-clerical measures, including subjecting the clergy to public ridicule, prohibiting the wearing of ecclesiastical dress, or denying them the protection of the civil law violates No. ii. Discouragement of religious vocations violates the spirit, if not the words, of No. iv, as, due to the law of clerical celibacy, the clergy must necessarily recruit by means of vocations.
It is suggested that anti-clerical or laicist laws be analyzed under the criteria established for the international crime of genocide. This would provide not only for the protection of the clergy under international law but it would also be a basis for taking international sanctions against states maintaining anti-clerical or laicist laws, not excluding the trial of the perpetrators of such laws and crimes as international criminals under the proposed Statute for an International Criminal Court.
The human rights provisions contained in current international legislation ought to be examined in detail to provide a means of international action through international organizations, courts, and social-cultural organizations to obtain:
(1) abrogation of all laicist and anti-clerical legislation as contrary to the human rights provisions of international law;
(2) complete freedom of action for the clergy, including the cessation of any type of discrimination against them;
(3) complete freedom to preach the Gospel and implement the teachings of the Church; and
(4) full and free communication with the Holy See.
A brief examination of the important human rights provisions of modern international legislation that would be particularly applicable to the protection of the clergy from anti-clericalism (essentially the same as anti-semitism or any other form of discrimination) is as follows:
Protection of the clergy from discrimination by International Law is established by the following provisions of the Universal Declaration of Human Rights:
Article 5 prohibits degrading treatment and punishment that is, so often inflicted on the clergy.
Article 7 establishes the right to protection against any discrimination and against any incitement to discrimination and would protect the clergy from anti-clerical agitation.
Article 9, no one shall be subject to arbitrary arrest, detention or exile, would protects the clergy from the expulsion of religious orders or arrest predicated on their status.
Article 12 prohibiting arbitrary interference with privacy and correspondence, and attacks upon his honor or reputation: asserts the right to the protection of the law from the same. Article 17 establishing the right to own property alone as well as in association with others and forbidding arbitrary deprivation of property would outlaw the confiscation of church property and religious endowments.
The International Covenant on Civil and Political Rights also contains a number of provisions particularly applicable to the protection of the clergy from laicist persecution:
Articie 7 prohibits degrading treatment and torture.
Article 9 guarantees the right to liberty and security of person, prohibiting arbitrary arrest and detention, and provides victims of the same an enforceable right to compensation that would go a long way towards eliminating the persecution of priests.
Article 16, Everyone shall have the right to recognition everywhere as a person before the law, could be used to eliminate the persecution of priests due to their ecclesiastical status.
Article 17 prohibits attacks on privacy, honor, and reputationso often undertaken by anti-clerical governments.
Article 20(2) provides that any advocacy of . . . religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law; this establishes the right of the clergy to freedom from anti-clerical propaganda by the instrumentalities of the state and the mass media.
Article 22 declares Everyone shall have the right to freedom of association with others and establishes the right of the clergy to form religious orders and institutions and the freedom of youth to follow vocations into the same.
Article 25 establishes the right to participate in public affairs as well as ensures access to public services; and could be used as the basis for the clergy to seek the implementation of the social encyclicals of the Pope and to organize for Catholic action.
Article 26 guarantees equality before the law, entitlement without any discrimination to equal protection of the law, and equal and effective protection against discrimination on any grounds such as . . . religious, . . . or other opinion . . . or social origin . . . or other status. This establishes the freedom of the clergy from discrimination due to their status.
The freedom of the clergy to preach the Gospel, implement the social encyclicals of the Pope, and to communicate freely with the Holy See is established by Article 19 of the Universal Declaration of Human Rights: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and import information and ideas through any media and regardless of frontiers.
This freedom is likewise guaranteed by Articles 18 and 19 of the International Covenant on Civil and Political Rights. Article 21 of the latter guarantees liberty of movement and freedom to change residence. This could be used to invalidate laicist legislation limiting the numbers of priests in a given locality or restricting their freedom of movement.
The freedom of the Church to establish schools, universities, and seminaries is established by Article 26(3) of the Universal Declaration of Human Rights as well as by Article 13(3) of the International Covenant on Economic, Social, and Cultural Rights, wherein The liberty of parents . . . to chose for their children schools other than those established by the public authorities . . . to ensure the religious and moral education of their children in conformity with their own convictions is laid down.
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