A/69/44
between the investigators and the alleged perpetrators. Ensure that such bodies carry
out investigations promptly, thoroughly, and impartially;
(c)
Clarify whether the Pontifical Commission for the Protection of Minors
established in December 2013 should have the full power to investigate cases of alleged
violations of the Convention, ensure that the results of any of its investigations are
made public and that they are promptly acted upon by officials with a prosecutorial
function, within a specific deadline.
Concordats and other agreements
(17) The Committee is concerned at allegations that concordats and other agreements
negotiated by the Holy See with other States may effectively prevent prosecution of alleged
perpetrators by limiting the ability of civil authorities to question, compel the production of
documentation by, or prosecute individuals associated with the Catholic Church (arts. 2, 12,
13 and 16).
The State party should consider reviewing its bilateral agreements concluded with
other States, such as concordats, with a view to fulfilling its obligations under the
Convention and preventing the agreements from serving to provide individuals
alleged to have violated the Convention or believed to possess information concerning
violations of the Convention with protection from investigation or prosecution by civil
authorities as a result of their status or affiliation with the Catholic Church.
Redress
(18) While noting that many dioceses and religious orders provided financial settlements
to victims of abuse, the Committee remains deeply concerned at the reported inability to
obtain redress experienced by many alleged victims of violations of the Convention
perpetrated by or with the acquiescence of persons acting in an official capacity for the
State party. The Committee is particularly concerned about allegations of past instances in
which the State party has acquiesced to or authorized actions taken by certain church
officials to protect assets from seizure by civil authorities for the purpose of providing
redress to victims. The Committee is also concerned about the State party’s response to the
continued refusal by the four religious orders that ran the Magdalene laundries in Ireland to
contribute to a redress fund for individuals subjected to abuse in those facilities. The
Committee recalls that in accordance with General Comment No. 3, the concept of redress
includes restitution, compensation, rehabilitation, satisfaction and the right to truth, and
guarantees of non-repetition (arts. 12, 13, 14 and 16).
The State party should:
(a)
In accordance with article 14 of the Convention and General Comment
No. 3, take steps to ensure that victims of sexual abuse committed by or with the
acquiescence of the State party’s officials receive redress, including fair, adequate and
enforceable right to compensation and as full rehabilitation as possible, regardless of
whether perpetrators of such acts have been brought to justice. Appropriate measures
should be taken to ensure the physical and psychological recovery and social
reintegration of the victims of abuse;
(b)
Encourage the provision of redress by individual religious orders to
victims of violations of the Convention carried out by them and take additional steps
to ensure that victims obtain redress as needed, including in the case of the Magdalene
Laundries.
Sale and abduction of children
(19) The Committee is concerned by the numerous cases of taking newly born children
away from their biological mothers by members of Catholic congregations in several
GE.14-12596
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