One expert said that the pope might actually be signaling that he was close to authorizing a change in canon law that would explicitly bar sexual abusers from the priesthood, said Nicholas P. Cafardi, dean emeritus of Duquesne Law School. A civil and canon lawyer, Mr. Cafardi was an original member of the National Review Board appointed by the American bishops at the height of the abuse scandal, in 2002.
There is a section in the church’s Code of Canon law that specifies that a man cannot be ordained a priest, or cannot remain a priest, if he has committed certain acts, like homicide, self-mutilation, attempted suicide or procuring an abortion, said Mr. Cafardi, the author of "Before Dallas: The U.S. Bishops’ Response to Clergy Sexual Abuse of Children" (Paulist Press, 2008).
It’s time to add to that list pedophilia and sexual abuse of children," Mr. Cafardi said. "I’m reading Benedict’s remarks as heading toward a change in the law of the universal church, so that this can be implemented throughout the Catholic world."
He said it was unlikely that the pope would use a papal visit to announce a change in canon law. But, he added: "He’s raised expectations now, and he’s not an unkind person. You don’t raise expectations to bash them."
To read the pertinent sections of Canon Law, see the Vatican's official English translation. The section is Canon 1041 section 4.
The canon falls in the following part of the Code:
BOOK IV FUNCTION OF THE CHURCH (Cann. 834 - 848)
- PART I. THE SACRAMENTS
- TITLE VI. ORDERS (Cann. 1008 - 1054)
- CHAPTER II. THOSE TO BE ORDAINED
- Art. 3. IRREGULARITIES AND OTHER IMPEDIMENTS
- CHAPTER II. THOSE TO BE ORDAINED
- TITLE VI. ORDERS (Cann. 1008 - 1054)
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