CAT/C/VAT/CO/1
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
countries, who were subsequently placed in orphanages or given to adoptive parents
abroad. As in the case of the Magdalene laundries, the Committee is concerned at the
absence of information on any measures taken to find such children and return them to their
biological mothers.
The State party should:
(a)
Request that the concerned congregations provide the relevant
information in their possession about the fate of the children in question with a view
to returning them to their biological mothers;
(b)
Take all necessary measures to combat and prevent the repetition of
such practices in the future.
7