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Holy See - Fifteenth Periodic Reports of States Parties due in 1998 - Addendum to Reports submitted by States Parties under Article 9 of the Convention [2000] UNCERDSPR 8; CERD/C/338/Add.11 (26 May 2000)

UNITED NATIONS		CERD
	International Convention on the Elimination of all Forms of Racial Discrimination	Distr. GENERAL CERD/C/338/Add.11 26 May 2000 ENGLISH Original: FRENCH/ENGLISH

COMMITTEE ON THE ELIMINATION

OF RACIAL DISCRIMINATION

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES

UNDER ARTICLE 9 OF THE CONVENTION

Fifteenth periodic reports of States parties due in 1998

Addendum

Holy See*

[20 August 1999]

______________

* This document contains the thirteenth, fourteenth and fifteenth periodic reports of the Holy See, due on 31 May 1994, 1996 and 1999, respectively (consolidated document). For the eleventh and twelfth periodic reports of the Holy See (consolidated document) and the summary records of the meetings at which the Committee considered those reports, see documents CERD/C/226/Add.6 and CERD/C/SR.991-992.

The annexes submitted by the Holy See may be consulted in the Secretariat's files.

GE.00-42493

CONTENTS

INTRODUCTION

1. In this document, the Holy See submits its fifteenth report on the implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination in accordance with article 9, paragraph 1, of the Convention. The consolidated document also includes the thirteenth and fourteenth reports, due in 1994 and 1996. The last report of the Holy See (CERD/C/226/Add.6) was considered by the Committee on the Elimination of Racial Discrimination on 5 August 1993 (CERD/C/SR.991 and 992).

2. In the preparation of the report account was taken, as far as possible, of the guidelines regarding the form and contents of reports (CERD/C/70/Rev.3) as well as of the recommendations and comments made by members of the Committee during the consideration of the previous report and the conclusions adopted by the Committee on 17 August 1993 (see document A/48/18, paragraphs 276-305). Several documents are attached to this report with a view to supplementing the information it contains; these documents may be consulted in the Secretariat's files.

PART ONE

General

I. NATURE AND PURPOSE OF THE HOLY SEE IN INTERNATIONAL LAW

3. The Convention on the Elimination of All Forms of Racial Discrimination adopted by the United Nations General Assembly on 21 December 1965 was signed by the Holy See on 21 November 1966 and ratified on 1 May 1969. No declaration or reservation was made by the Holy See at the time of ratification. The Holy See has not declared that it recognizes the competence of the Committee to receive and consider individual communications in accordance with article 14, paragraph 1, of the Convention.

4. The Holy See has undertaken, under article 9, paragraph 1, to submit a report on the measures taken to give effect to the Convention. In that connection, the Holy See wishes to remind the Committee of the following points concerning its specific nature as a subject of international law:

(a) In international law, the Holy See is a sovereign subject having an original, non-derived legal personality independent of any authority or jurisdiction.

(b) In the internal law of the Catholic Church, the Holy See is defined as the Government of the universal Church composed of the Sovereign Pontiff and of the institutions which proceed from him (Code of Canon Law, can. 361).

(c) The Holy See is also the sovereign of the State of Vatican City. That State has all the characteristics of a State; it does not contain a civil society but a working community placed temporarily in the service of the Holy See.

(d) Historically, the international personality of the Holy See has never been confused with that of the territories over which it has exercised State sovereignty, e.g. the Patrimony of St. Peter (or Church States) from 754 to 1870 and Vatican City since 1929.

(e) The international personality of the Holy See takes precedence over any territorial personality, as is borne out, for example, by the years 1870-1929 which lay between the loss of the traditional Church States and the establishment of the State of Vatican City. During those sixty years the Holy See continued to act as a subject of international law by concluding concordats and international treaties with a great number of States, participating in international conferences, conducting mediation and arbitration missions, and maintaining both active and passive diplomatic relations.

(f) As stated in article 24, paragraph 2 of the Lateran Treaty of 1929, the Holy See does not desire to participate in "temporal contests between States", while declaring itself ready make its contribution when the parties to a dispute "unanimously appeal for its mission of peace, while reserving the right to exercise its moral and spiritual authority in each case".

(g) The Holy See has the status of observer to the United Nations and several specialized agencies. It has been a member of the International Atomic Energy Agency since 1956.

(h) The Holy See signs and ratifies international treaties in order to manifest the support of its moral authority and thereby to encourage States to adhere to the treaty. For example, in acceding to the Treaty on the Non-Proliferation of Nuclear Weapons in 1979, it clearly stated that "by this act, dictated by the conviction that the objectives of disarmament and international détente w.....which inspire this treaty correspond to its own mission of peace, the Holy See wishes to give its support and its moral encouragement to the provisions of the treaty".

(i) The Holy See, as the supreme organ of the Catholic Church, disseminates teachings which are not addressed to Catholic believers alone but also concern human, personal, social and international ethics. In the tradition of the Catholic Church, ethical principles are founded upon reason and address themselves to the whole of mankind.

(j) As the development of human rights demonstrates, international life cannot dispense with common moral values of an objective nature. The Holy See, for its part, is doing all it can towards the advancement of moral principles and of the conditions for ensuring peace, justice and social progress in a context of ever more effective respect of human rights.

(k) So far as the International Convention on the Elimination of All Forms of Racial Discrimination is concerned, the Holy See takes special pleasure in reiterating its support of the Convention as the Catholic Church considers it its duty to preach the equal dignity of all human beings, created by God in His image.

II. STATISTICS RELATING TO ECCLESIASTICAL TERRITORY, POPULATION AND ADMINISTRATIVE DIVISIONS

5. Data showing the "population" and structure of the Roman Catholic Church by the world's principal regions and by country, drawn from the statistical reference work entitled Annuario statistico della Chiesa 1995, are reproduced below.

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

AFRICA

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

NORTH AMERICA

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

CENTRAL AMERICA/MAINLAND

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

CENTRAL AMERICA/ANTILLES

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

SOUTH AMERICA

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

ASIA/MIDDLE EAST

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

ASIA SOUTH EAST, FAR EAST

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

EUROPE

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

OCEANIA

STATISTICS ON CHURCH POPULATION AND STRUCTURE

(As at 31st December 1995)

TOTAL WORLD

PART TWO

Information relating to articles 2 to 7 of the Convention

I. GENERAL LEGAL FRAMEWORK PROHIBITING AND ELIMINATING RACIAL DISCRIMINATION

6. Before reporting on the implementation of articles 2,3,5 and 7 of the Convention, we will briefly analyse the general legal framework which makes it evident that racial discrimination is prohibited and eliminated, and that the promotion, enjoyment and exercise of human rights and fundamental freedoms are encouraged and confirmed in the political, economic, social and cultural fields and in all sectors of public life.

A. General remarks

7. As regards information concerning legislative measures taken by the Holy See in connection with the elimination of racial discrimination, we wish to explain that while we are not in a position to answer all the questions pertaining to law which are contained in the "Guidelines" (CERD/C/70/Rev.3), it is evident from the very nature of the Catholic Church and from the spirit of its laws that the Church rejects and condemns racial discrimination and that it has a positive attitude aimed at promoting multiracial integration.

8. In this context we wish to recall a factor of great legal importance, namely the fact that the Catholic Church is, by its nature and in reality, universal and that it is therefore "the obligation and inherent right of the Church [...] to preach the Gospel to all peoples" (can. 747, para. 1). Its laws concern peoples from all continents and races; it establishes, in an absolute manner, the equality of all the faithful; and it effectively and positively protects friendly coexistence and multiracial integration, implicitly condemning all forms of racism.

9. On the basis of this principle of fundamental equality, the faithful (in the Church, the concept of faithful coincides with that of "subject in law" [can.96]) have the same rights and the same duties and possess the same legal capacity. In canon law, diversity does not result from differences in the legal status of persons in their being (principle of legal equality between subjects) but from the legal status proper to each, determined by the diversity of vocations and the difference between roles.

10. In its own legislation, the Catholic Church clearly confirms two fundamental principles which should be seen as measures designed to safeguard the principles set out in paragraph 10, subparagraphs 1 to 5 of the "Guidelines", viz.:

(a) First, the Catholic Church affirms its right to defend fundamental values and rights (which naturally include multiracial non-discrimination): "The Church has the right always and everywhere to proclaim moral principles, even in respect of the social order, and to make judgements about any human matter in so far as this is required by fundamental human rights or the salvation of souls" (can.747, para.2);

(b) Second, it explicitly establishes the primacy of international obligations contracted under treaties into which the Apostolic See has entered with States or other political entities. In particular, conventions to which the Holy See is a party are placed on a level higher than ordinary laws, subject to full respect of those areas of its own legislation "which are essentially within [its] domestic jurisdiction" (cf. Article 2, paragraph 7, of the Charter of the United Nations). Such conventions assume the quality of standards in the law of the Holy See: "The canons of the Code do not abrogate, nor do they derogate from, agreements entered into by the Apostolic See with [...] civil entities; such agreements therefore remain in force notwithstanding any contrary provisions of this Code" (can.3).

B. Doctrine underlying canonical law

11. Canon 748, paragraph 2, enshrines the freedom of conscience and of religion which is the precondition, principle and foundation of all other freedoms, human and civil, individual and communal: "No one is ever permitted to oblige others by constraint to adhere to the Catholic faith against their conscience."

12. Canon 219 proclaims the right to the choice of one's state in life within the Catholic Church, resulting from a free choice and a conscious decision. This right includes the guarantee of immunity from all coercion: in order to choose their state in life within the Church, the faithful have the right not to have undue obstacles placed in the way of their carrying the decision taken: "All Christ's faithful have the right to immunity from any kind of coercion in choosing a state in life."

13. Canon 215 grants to all the faithful the right to the natural right of association, based directly upon the social nature of the human person and the social nature of the Church, as well as the right of assembly, which is defined as the freedom of the faithful to meet for purposes consistent with their Christian vocation in the world: "Christ's faithful may freely establish and direct associations which serve charitable or pious purposes or which foster the Christian vocation in the world, and they may hold meetings to pursue these purposes by common consent."

14. The fundamental right of human beings, deriving from natural law itself, to have their good reputation respected, and the correlated duty to respect the right of persons to protect their privacy, are set forth in Canon 220. Accordingly, no individual may be subjected to arbitrary interference in his or her private life, family, home or correspondence: "No one may unlawfully harm the good reputation which a person enjoys, or violate the right of every person to protect his or her privacy."

15. Canon 223, paragraph 1, imposes some intrinsic limits upon the exercise of rights, namely, the common good of the Church, the rights of others and duties to others. These limits must be respected by the faithful themselves:

"In exercising their rights, Christ's faithful, both individually and in associations, must take account of the common good of the Church, as well as of the rights of others and their own duties to others."

Paragraph 2 indicates the extrinsic limits to the exercise of these rights which ecclesiastical authority may set with a view to safeguarding the common good:

"Ecclesiastical authority is entitled to regulate, in view of the common good, the exercise of rights which are proper to Christ's faithful."

In conformity with the general principles of international human rights law, the limits set in both cases apply to "the exercise of rights" and not to the rights themselves.

II. IMPLEMENTATION OF ARTICLES 2, 3, 5 AND 7

Article 2

A. Information on legislative, judicial, administrative or other measures

16. Canon 204, paragraph 1, which reproduces the definition of the concept of "Christ's faithful", the equivalent of the concept of "subject of law" within the Church, set forth in Canon 96: "By baptism one is incorporated into the Church of Christ and constituted a person in it, with the duties and rights which [...] are proper to Christians [...]", thus firmly underscoring the radical equality of all members of the Church, recognizes in the element of "communion" the basic concept upon which this radical equality is founded and which links all the faithful with the work the Church is called upon to do in the world:

"1. Christ's faithful are those who, since they are incorporated into Christ through baptism, are constituted the people of God. For this reason they participate in their own way in the priestly, prophetic and kingly office of Christ. They are called, each according to his or her particular condition, to exercise the mission which God entrusted to the Church to fulfil in the world."

17. On the basis of the principle set forth in canon 204, canon 208 proclaims the full equality of all the faithful in terms of both "dignity" and "action": "Flowing from their rebirth in Christ, there is a genuine equality of dignity and action among all of Christ's faithful [...]". Even if the rights enumerated in Title I are not formally described as "fundamental" or "original", canonical doctrine generally admits that they have the nature of authentic "primary" or "constitutional" rights, that is to say of rights which form an integral part of the very constitution of the Church. These rights relating to the state of freedom and dignity of the faithful are intrinsic - iura nativa - and they take precedence over any formulation in positive law.

Article 3

Subparagraph A. Condemnation of racial segregation

18. Extracts from speeches with a bearing on racism and xenophobia made by the Holy Father in 1992 and 1993 will be found in the 12 paragraphs below.

To the regional council of Lazio (3 February 1992)

19. "Lazio is known to have the largest number of immigrants from outside the European Union, and no one is unaware of the problems which this phenomenon entails or of the urgency of the need to remedy it. The harsh reality of immigration demands that it be given a great deal of attention, for the phenomenon is tending to become more serious as new situations arise in different countries. We are confronted with an event of vast proportions such as has occurred at other times in the history of mankind. It is therefore necessary to face the many needs that arise with courage and confidence, so that today's society may avoid all forms of racial discrimination, and to promote a sense of justice and of human solidarity."

To representatives of other religions at Ziguinchor, Senegal (20 February 1992)

20. "Man's origin and his divine destiny are the foundations of his dignity. No one has the right to despise another human being, least of all one weaker than oneself. There is no justification whatever for discrimination based on race, religion, gender or social status: every person is to be respected."

On the occasion of the 27^th anniversary of the Nostra aetate declaration of the Vatican Council (28 October 1992)

21. "More generally, in face of the episodes of xenophobia, the racial tensions and the extremist and fanatical forms of nationalism common today, I feel it my duty to repeat that every form of racism is a sin against God and man, for every human person carries the divine image imprinted upon him or her."

To bishops from the Federal Republic of Germany on a visit ad limina (14 November 1992)

22. "Everything must be done to prevent the spread of racism and nationalism."

To bishops from the Federal Republic of Germany on a visit ad limina (4 December 1992)

23. "The teaching of religion can ward off the danger of false idols, such as nationalism and racism."

To clients and voluntary helpers at the Colle Oppio popular restaurant in Rome (20 December 1992)

24. "Rome must refuse all forms of racism and xenophobia. And in this respect there are three principles to which the diocese must commit itself: to reaffirm the ancient tradition of Rome as a city of welcome and openness to all, in harmony with its Christian history; to refuse any form of racism and xenophobia and permanently to transmit a message of respect and welcome to people from different cultures and nations; to mobilize voluntary forces, so numerous and plentiful, by orienting them towards the service of those called "foreigners" according to their legal status but not from the viewpoint of faith and common humanity. I would go even further by saying that Christian Rome wants to adopt a cultural line that regards immigrants not only as the poor whom we are called upon to receive, nor merely as citizens whose rights we must respect, but as potential members to be integrated in our society, to which they can contribute new energies and original inputs."

To Hungarian bishops on a visit ad limina (28 January 1993)

25. "A constructive collaboration must urgently be established against the awakening of racism and anti-Semitism in Europe."

Letter to the Bishop of Bielsko-Zywiec on the occasion of the fiftieth anniversary of the first transport of Gypsies to the Auschwitz-Birkenau concentration camp (7 April 1993)

26. "For us, men of the 20^th century, Auschwitz is a warning that has lost none of its timeliness; it is a dramatic cry for respect of the dignity and the inalienable rights both of single individuals and of whole nations. We must not allow this to be forgotten, especially today when new centres of discrimination and hatred based on ethnic factors are erupting in the very heart of Europe, engendering abuses of power, violence and the shedding of innocent blood [...] On this occasion I wish to pronounce words of Christian solidarity with the whole Roma people, so sorely tried during the Second World War, a people which, unfortunately, forms to this day the object of prejudice, acts of intolerance and even open discrimination in many countries although it possesses an inalienable right to a fitting place in social life and a socio-cultural identity of its own."

To the President of the Republic of the Sudan, Khartoum (10 February 1993)

27. In a multiracial and multicultural country, a strategy of confrontation can never bring peace and progress. Only respect of human rights, guaranteed by law within a system of justice and equality for all, can create the right conditions for peaceful coexistence and cooperation in the service of the common good. My hope for your country can therefore be expressed more concretely as a profound desire to see all its citizens - without any discrimination founded upon ethnic origin, cultural or social status or religious convictions - take a responsible part in the life of the nation, contributing by their diversity to the wealth of the national community as a whole [...] The Church approaches this question essentially from a humanitarian and moral point of view. The universal obligation to understand and respect the variety and rich diversity of other peoples, societies, cultures and religions rests upon two fundamental principles. The first is the inalienable dignity of every individual, irrespective of his or her national, cultural, ethnic or racial origin or religious belief; that dignity means that when human beings join into groups, they have the right to enjoy a collective identity. Accordingly, minorities have the right to exist within a country with their own language, culture and traditions, and the State is morally obliged to provide a living space for these identities and these particular forms of expression. The second principle is the fundamental unity of the human race, which derives its origin from God, the Creator of all things; this unity implies that no group has the right to feel superior to another. It also implies that integration can be built upon an effective solidarity free from all discrimination."

To representatives of Jewish communities on the occasion of a concert in commemoration of the Shoah (7 April 1994)

28. "Today we are witnessing many new manifestations of anti-Semitism, xenophobia and racial hatred which sowed the seeds of such unspeakable crimes. Mankind cannot allow this to happen again [...] In face of the dangers threatening the sons and daughters of the present generation, Christians and Jews have much to offer to a world which is struggling to distinguish good from evil, which is called by the Creator to defend and protect life, but which also finds itself powerless against voices spreading ideas that can only lead to death and destruction."

Message for World Migrants Day (6 August 1993)

29. "It is the task of the State to ensure that immigrant families, their particular requirements being duly taken into account, are not deprived of what is normally provided for the families of its own citizens. In particular, it is up to the State to protect immigrant families against all attempts at exclusion and racism by fostering a convinced and effective culture of solidarity."

To bishops from California, Nevada and Hawaii (United States) on a visit ad limina (4 December 1993)

30. "In your pastoral ministry you are often faced with manifestations of a persistent racism which undermines the foundations of a just and democratic society. Racism is an intolerable injustice because of the conflicts it provokes, and even more because of the way in which it debases the inalienable dignity of all human beings, whatever their racial or ethnic origin. Your frequent declarations on these subjects, and the great diversity of your pastoral activities on behalf of various ethnic groups present in your dioceses, far from endorsing the separation or isolation of groups and communities, are designed to comply with the Church's vocation as the expression and instrument of the greatest unit in the entire human family. Addressing another group of bishops, I have spoken of the needs of the numerous Hispanic communities in your dioceses and of their special contribution to the life of the Church. By your backing of a national pastoral plan for Black Catholics you have demonstrated your esteem and support for believers who want to be "true Blacks and true Catholics". I also express my satisfaction with your commitment to the promotion of solidarity with the Native American community, especially as regards social justice in the fields of health, housing, employment and education. Success in all these endeavours depends largely on efforts to foster the revival of family life and parish schools, to minister to young people on the margins of society, and to promote vocations within all groups."

Subparagraph B. Diplomatic relations with South Africa

31. The establishment of diplomatic relations between the Holy See and the Republic of South Africa was announced on Saturday, 5 March 1994, several weeks after the appointment of the "Transitional Executive Council" and the approval of the Provisional Constitution in that country. The Holy See's decision to accept the South African Government's request for diplomatic relations had a twofold significance: first, that of a just recognition of the persistent efforts of the main parties involved in the negotiating process to achieve a peaceful transition towards the "new South African State"; and, second, that of reassuring all South African Catholics and encouraging them to continue making a constructive contribution towards genuine reconciliation in their country. On 25 June 1994, the Apostolic Delegate to Pretoria was appointed Apostolic Nuncio.

32. The Holy See has taken every opportunity, in particular through the Apostolic Delegation instituted in 1922, to give its support to, and express its approval of, episcopal action on behalf of the cause of peace and the defence of fundamental human rights in South Africa. Over the years the Holy See has repeatedly taken steps to strengthen the possibilities for dialogue and for the initiation of a process of peace and reconciliation among all components of South African society. We may recall, inter alia, the audience granted by the Holy Father to the then President of South Africa, P.W.Botha, twelve years ago; the missions performed by Cardinal Roger Etchegaray in 1988 and 1991; the pontifical audience granted to Mr. Nelson Mandela, leader of the ANC, in June 1990; and, lastly, the visit to the Vatican by President F.W. De Klerk on 13 December 1993.

33. On 17 and 18 September 1995 the Holy Father made a pastoral visit to South Africa, where he presided over the celebration phase of the Special Assembly for Africa of the Synod of Bishops. Before 500 000 persons, including President Mandela and Vice-Presidents De Klerk and Nbeki, assembled at the Germiston racecourse in Johannesburg, the Pope spoke of the great challenges facing the African continent and affirmed that "solidarity is, above all else, the response that is needed in order to overcome the utter moral bankruptcy of racial prejudice and ethnic rivalry".

Article 5

Subparagraph A. Right to equal treatment before the courts

34. The three paragraphs of Canon 221 serve a twofold purpose: to proclaim the rights of the faithful in connection with the administration of justice within the Church and to provide a series of legal guarantees for the protection of other individual rights with a view to avoiding, inter alia, possible abuses arising from arbitrary conduct by authority. To that end, three fundamental rights are set forth for the legal protection of persons who are subject to the jurisdiction of the Church:

(a) The right to defend their rights before the courts: "1. Christ's faithful may lawfully vindicate and defend the rights they enjoy in the Church, before the competent ecclesiastical forum in accordance with the law";

(b) The right to be judged in a fair trial: "2. If any members of Christ's faithful are summoned to trial by the competent authority, they have the right to be judged according to the provisions of the law, to be applied with equity";

(c) The principle of legality in penal matters: "3. Christ's faithful have the right not to have any canonical penalties imposed upon them except in accordance with the law".

35. Canon 1321 protects the individual from arbitrary action by defining the objective and subjective elements of the offence and the principle of legality in penal matters, as follows:

"1. No one shall be punished unless the external violation of the law or precept through malice or culpability be gravely imputable to him.

"2. A person who deliberately violates the law or precept shall suffer the penalty established by law; but a person who does so due to lack of due diligence shall not be punished, unless the law or precept provides otherwise."

36. Canon 1347, paragraph 1, as well as Canon 1395, paragraph 1, stipulate that no heavy penalty may be imposed if the culprit has not received at least one warning and has not been allowed reasonable time to reform:

"No censure can be validly imposed unless the guilty person has been warned at least once to desist from the offence and granted a suitable period of time to mend his ways."

Subparagraph C. Participation of the faithful in the apostolic mission and in the duties of the Church

37. Canon 208, after proclaiming the equality of all Christ's faithful, states that, because of their equality, "they all contribute, each according to his or her own condition and office, towards the construction of the edifice of the Body of Christ".

38. Canon 211 confirms the right to participate in the apostolic mission. This inherent right is not bestowed by any authority but derives from the vocation proper to all faithful by virtue of baptism and confirmation. It is a genuine right because the apostolic mission has an external dimension and because it bestows upon the faithful the erga omnes right to be respected in the lawful accomplishment of their apostolic activities: "All Christ's faithful have the obligation and the right to strive to make the divine message of salvation heard increasingly by all peoples at all times".

39. By virtue of the provisions of Canon 212, all Christ's faithful have the right to address themselves to the Church authorities in order not only to submit requests requiring a specific response but also to express opinions and to formulate objections, in written or oral form, individually or collectively, in connection with Church activities to which they wish to draw particular attention:

"2. Christ's faithful are at liberty to make known their needs [...] and their wishes to the Pastors of the Church".

"3. They have the right, indeed at times the duty [...] to manifest to the sacred Pastors their views on matters which concern the good of the Church. They also have the right to make their views known to others of Christ's faithful [...] taking into account both the common good and the dignity of individuals."

40. Canon 222, paragraph 2, requires the faithful "to promote social justice and [...] to help the poor from their own resources". In this way the canon lays down the obligation - which thus becomes a right - of individual members of the community of Christ to promote genuine social justice, which also includes multiracial equality. The specific method used to promote social justice will depend, in practice, on the attitude, possibilities and status of each of the faithful.

41. Canon 227 bestows upon lay members of the community of Christ a twofold freedom in the sphere of secular interests and activities: in relation to the civil authorities, through acknowledgement of the fundamental and inalienable rights of all citizens, and in relation to the Church authorities, through recognition of their lawful autonomy: "To lay members of Christ's faithful belongs the right to have acknowledged as theirs the freedom in secular affairs which is common to all citizens".

42. Canon 228 does not, strictly speaking, formulate a right; rather, it speaks of the capacity of all faithful to be appointed by the lawful authorities to ecclesiastical offices and functions in accordance with the law, and also to participate in collegiate bodies and to serve as "experts" or "advisers":

"1. Lay people [...] are capable of being admitted by the sacred Pastors to those ecclesiastical offices and functions which, in accordance with the provisions of the law, they can discharge.

"2. Lay people [...] are capable of being experts or advisers, even in councils in accordance with the law".

43. Canon 231 concerns lay people who pledge themselves, permanently or for a time, to a particular service of the Church. An appropriate remuneration enabling them to provide for their families is due to them as a matter of justice. In addition, they are entitled to all the social and civil benefits provided by civil law:

"2.[...] they (i.e., lay people so pledged) have the right to reasonable remuneration befitting their condition, whereby, with due regard also to the provisions of civil law, they can decently provide for their own needs and the needs of their families. Likewise, they have the right to have their insurance, social security and medical benefits duly safeguarded."

44. Ordination to the ministry is not a provision of a legal nature; it is governed by the fundamental constitution of the Church. Consequently, since it is not a "function", it cannot be regarded as a "right".

Article 7

Subparagraph A. Education and teaching

Canonical doctrine

45. Canon 217 acknowledges the right of the faithful to a Christian education, a right that derives from the vocation, common to all the baptised, to take part in the Church's mission of evangelization. Christian education is not confined to the transmission of purely theoretical knowledge; it also includes the right to such training as is necessary in order to achieve maturity as a human being: "Christ's faithful [...] have the right to a Christian education which genuinely teaches them to strive for the maturity of the human person [...]."

46. Canon 218 formally proclaims, as a corollary of the foregoing right to a Christian education, the right to research and to expression of those who engage in the study of the sacred sciences, in other words the right to obtain information and to disseminate their ideas: "Those who are engaged in fields of sacred study have a just freedom to research matters in which they are expert and to express themselves prudently concerning them [...]".

47. Canon 229 defines the right and the duty of lay faithful to engage in studies that will enable them to receive the doctrinal training necessary for the full exercise of their Christian calling. It also specifies that this right includes the possibility for the faithful to receive higher education. Lastly, as a consequence of these provisions, the canon proclaims the fundamental right of lay people, once they have acquired the necessary training, to teach the sacred sciences:

"1. Lay people have [...] the right to acquire the knowledge of Christian teaching which is appropriate to each one's capacity and condition [...].

"2. They also have the right to acquire that fuller knowledge of the sacred sciences which is taught in ecclesiastical universities or faculties or in institutes of religious sciences, attending lectures there and acquiring academic degrees.

"3. Likewise, {...] they are capable of receiving [...] a mandate to teach the sacred sciences."

48. In accordance with Canons 226, 793 and 1136, parents have a solemn legal obligation to give their children a Christian education, making use of all possibilities offered by the educational system. This obligation is, of course, accompanied by the primary right of parents to "bring up their children", to "do all in their power to ensure their children's physical, social, cultural, moral and religious upbringing", and "to choose those means and institutions which [...] can best promote the Catholic education of their children".

Catholic educational institutions

49. There are approximately 170 000 Catholic schools of all kinds and at all levels world-wide, with over 42 million pupils. In Europe there are over 30 000 such schools, with around 8 million pupils (data supplied to the congress of the European Committee for Catholic Teaching held at Augsburg, Germany, from 31 October to 3 November 1996).

50. In certain Western countries where parity exists between State and private education, the number of pupils at Catholic schools is steadily increasing. In Germany, according to the German Bishops' Conference, it has risen by 8.2% over the past three years, 25 000 new enrolments being registered in the year 1998 alone. In the United States, too, Catholic schools enjoy great prestige, as demonstrated by the steady progression of American Catholic institutions, the number of enrolments having risen by 20 000 every year since 1990.

51. In the countries of Eastern Europe, Catholic education is coming back to life slowly and with difficulty in view of the extremely adverse economic conditions. The difficulties are also due to a certain ambiguity in the legal set-up and to the shortage of competent trained staff, especially teachers. For example, Romania, which had 300 Catholic schools before the advent of communism, now has only a few tens of such schools.

52. In many countries of the Middle East and Asia, the activities of Catholic schools largely outstrip the size of the Catholic population; often they not only represent the only possibility of bearing evangelical witness, but also make a high-quality contribution to the cultural and educational life of the countries concerned.

Special activities

53. The intensive training of both teachers and students provided by the Centro Educazione alla Mondialita of the Xaverian Centre for Missionary Activities at Parma (Italy) deserves special mention. In Germany, certain dioceses, such as Hildesheim, organize meetings of young people of different nationalities and origins with a view to promoting the integration of foreigners in that country.

54. Bosnia is giving a remarkable example in terms of education for tolerance. The arch-diocese of Sarajevo has recently founded three schools, called "Schools for Europe", with the intention of educating students of different religious creeds, as well as some students who do not profess any religion, in a spirit of dialogue and peace. These schools are at present attended by approximately 1 600 Serb, Bosnian and Croat students. The arch-diocese of Sarajevo plans to open other "Schools for Europe" in eleven other Bosnian cities in the near future.

55. In Jerusalem, "Schmidt's Girls' College", founded in 1886 and directed by the Maria Ward Sisters, has about 480 pupils aged between 4 and 19. Two-thirds of these girls are Muslims and one-third are Christians. The teachers are Palestinians or belong to other nationalities. This school stands in the front rank of education for tolerance; above all, it provides a concrete example of the possibility of peaceful and convivial relations between individuals of different religions and nationalities.

Statistics on Catholic educational establishments

56. Statistical and other information relating to education will be found in sections 1 and 2, below. Section 1 gives the world-wide picture and Section 2 deals specifically with Australia, Canada and the Holy Land.

1. World-wide statistics

57. The tables below give the 1995 figures for pre-school establishments, primary schools, secondary schools, higher educational establishments and universities published by the Statistical Office of the Church.

58. The Congregation for Catholic Education, the Holy See's office in charge of matters pertaining to education and schools, has supplied the following information on the activities of Catholic schools and the composition of the student population:

(a) In the United States of America, Catholics accounted for 12.8% of students in the school year 1993-1994; in the same year, more than 24% of all school children came from ethnic minorities. Integration of minorities is one of the objectives pursued by Catholic schools;

(b) In Lebanon, some 32% of all schoolchildren attend Catholic schools, which try to educate all citizens - not only Christians - for peace and freedom;

(c) In India, a large proportion of pupils of Catholic schools are not Christians;

(d) In Tunisia, Catholic schools - far from being reserved for Catholic children - are open to all and are promoting tolerance. They have 5 000 pupils, a large number compared with the size of the Catholic population, which totals only 18 000 persons;

(e) In Germany, the student population of Catholic schools is composed of about 40% Catholics, 20% Protestants and 40% children who have not been baptised (members of other religions or non-believers).

59. It should also be pointed out that in many countries where the majority of the population is non-Christian, Catholic schools are often the only place where children and young people of different faiths, cultures, social classes or ethnic backgrounds come into contact with each other. The Catholic International Education Office (CIEO) is promoting literacy projects in Haiti, Bolivia, Senegal and Cameroon while endeavouring to protect the local cultures and to combat discriminatory practices affecting rural or underprivileged populations.

CATHOLIC EDUCATIONAL ESTABLISHMENTS IN 1995

AFRICA

CATHOLIC EDUCATIONAL ESTABLISHMENTS IN 1995

AMERICA NORTH

CATHOLIC EDUCATIONAL ESTABLISHMENTS IN 1995

CENTRAL AMERICA MAINLAND