The Holy See in Dialogue with the Committee on the Rights of the Child

Abstract

The Holy See’s commitment to the well being of children, born and unborn, is longstanding. By reason of their vulnerability, children occupy a special place in the heart of the Catholic Church and are the beneficiaries of special care. Since 2002, however, the Church’s commitment to children has been the subject matter of intense scrutiny, by Catholics and non-Catholics alike, due to increasing awareness about the sexual abuse of children by some Catholic clergy, religious and laity.

The Church’s heartfelt concern has taken concrete form in international law. The Holy See participated in the drafting process of the 1989 Convention on the Rights of the Child (hereinafter “CRC”), which it ultimately ratified in 1990 with three reservations and one interpretative declaration.

The author argues that the Holy See’s faithful interpretation to the terms and content of the texts of treaties is congruent with international law on treaty interpretation. She offers points for consideration that better reflect the object and purpose of the Convention and an integral vision of the rights and duties of child within the context of the family and society, where he or she is protected from conception until natural death.

Keywords: Holy See, children, Convention on the Rights of the Child, treaty interpretation, family law