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While people are alive there is the possibility, admittedly sometimes remote, that they will respond by reflecting on their lives, becoming deeper and more generous as human beings, making connections with others and contributing even in small ways to the happiness of others and to society. Capital punishment brutally excludes possibility and leaves all of us the smaller for it.
Pope Francis warns perceptively that the urge to create peace by punishment leads to the search for more targets. The best way to peace and security is not to wage war on people but to be curious about them – what leads them to criminal acts, and how we can intervene to help them make good connections with society.
Reviewing Cardinal Pell's evidence to the Royal Commission in August, I have concluded that Catholics need to accept moral responsibility and legal liability for all child sexual abuse committed by clergy prior to 1996, regardless of what might be the moral or legal position after 1996 when improved measures for supervision and dismissal of errant clergy were put in place.
All church members, and not just the victims who continue to suffer, need light, transparency and accountability if the opaque injustices of the past are to be rectified. Justice Peter McClellan and his fellow commissioners have to do more to bring the states and territories to the table and to get real buy-in by all governments.
We might expect that research into the causes and history of sexual abuse will continue and increase. As part of its owning of the crimes that have flourished within it, the challenge for the Church is to take such research seriously, particularly when it touches on the part played by such aspects of Catholic life, culture and governance as clerical celibacy, attitudes to women and sexual morality, and clericalism.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
Judge Garry Neilson is in a spot of bother after comparing incest and paedophilia to homosexuality. He is not the first judge to find himself in this situation and he will not be the last. Judges enjoy a life of privilege and status. In their own courtroom they are feudal masters. But when one of them makes a mistake, the media jumps all over them. Politicians rant. The controversy is always out of proportion to the alleged error.
We should open our eyes and take in what multiple government inquiries, among them the Royal Commission into Institutional Responses to Child Sexual Abuse, are telling us about Australian society. It is not enough to focus on just one; we should consider the revelations cumulatively. It is little exaggeration to say that almost no major institution in our society, public or private, has been left untouched. We should join the dots and cry.
In Unheard Story, Fr Padraig McCarthy rightly highlights shortcomings in legal-political-media processes like the Dublin Archdiocese Commission of Investigation. The future wellbeing of children demands that the spotlight be shone on all equally. But there is no getting away from the fact that in Ireland and Australia, the reported instances of child sexual abuse has been greater in the Catholic Church than in other churches.
Scott Morrison has announced the formation of a powerful new paramilitary force with its own ideology, training and rank structure, answerable only to an immigration minister. There is a disturbing comparison that may be drawn between this new agency, apparently with no legal or constitutional checks and balances outside itself, and the Schutzstaffel security service established by Hitler and answerable only to him as leader.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
As an institution, the Catholic Church has been dragged kicking and screaming. Cardinal Pell has been put through the wringer, though admittedly nowhere near to the same extent as was John Ellis when the Church decided to unleash the legal attack dogs on him in litigation which was euphemistically described as vigorous and strenuous.
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