PRELATURE SAFEGUARDING POLICY

PREAMBLE

Since 2013, the Vicars of the various Regions of the Prelature have issued Safeguarding Policies for the investigation of allegations of sexual abuse of minors, made against faithful of the Prelature of Opus Dei, in accordance with the guidelines of the Congregation (now, Dicastery) for the Doctrine of the Faith (hereinafter “DDF”) contained in the Letter of 3 May 2011, the indications of the various Episcopal Conferences and the laws of each State.

The Supreme Pontiff, Pope Francis, has recently issued the Motu Proprio On the Protection of Minors and Vulnerable Persons, of 26 March 2019, together with Law No. CCXCVII of Vatican City State, On the Protection of Minors and Vulnerable Persons, of 26 March 2019 and the Directives for the Protection of Minors and Vulnerable Persons for the Vicariate of Vatican City, of 26 March 2019, and the Motu Proprio Vos estis lux mundi of 7 May 2019 (hereinafter “VELM”), in order to further strengthen the institutional and regulatory framework of the Church and to prevent and combat abuses against children and vulnerable persons.

Having regard to the content of these measures and with full commitment to their high purpose, I address to all the faithful of the Prelature the following directives, in which the indications given by the Roman Pontiff are gathered together and adapted to the specific pastoral activities of the Prelature.

TITLE I – GENERAL PRINCIPLES

Art. 1       

The measures and procedures in this Prelature Safeguarding Policy (hereinafter “PSP”) have as their objective to foster and maintain an ethos that is respectful of and sensitive to the rights and needs of minors and vulnerable persons, and excludes the risk of exploitation, sexual abuse or ill-treatment occurring in the course of activities carried out under the auspices of the Prelature.

Art. 2      

Accordingly, these directives are addressed not only to all the faithful of the Prelature, but also to those who in one way or another collaborate in their initiatives of apostolic and Christian formation.

Art. 3      

In this Policy, unless the context excludes it, vulnerable persons are to be taken as equivalent to minors, even if they are not expressly mentioned.

a)    “Minor” means any person under the age of eighteen years. A person with an habitually imperfect use of reason is equivalent to a minor (cf. Motu Proprio Sacramentorum sanctitatis tutela, – as revised – Article 6, 1°).

b)    “Vulnerable person” means, for the purposes of these directives, any adult in a state of infirmity, physical or psychological deficiency or deprivation of personal liberty, which in fact limits his or her ability, albeit occasionally, to understand or want or otherwise resist an offence (cf. VELM Art.1 §2 a-b).

Art. 4       

The following objectives and principles inform every standard and procedure aimed at preventing and combating abuses against minors and vulnerable persons in activities under the auspices of the Prelature:

a)    Objectives:

• to promote awareness of and respect for the rights and needs of minors and vulnerable persons and to provide suitable training in safeguarding them,

• to prevent any form of violence, physical or psychological abuse, negligence, neglect, ill-treatment, or exploitation,

• to raise awareness of the obligation to report abuses to the competent authorities and to cooperate with them in measures aimed at preventing and combating abuses,

• to effectively address any instance of abuse or ill-treatment of minors or vulnerable persons,

• to provide victims and their families with suitable pastoral care, as well as, where relevant, appropriate medical, psychological, and legal support.

b)    General principles of response:  

• to respect the rights of those who disclose that they have been victims, and of their families, to be welcomed, listened to and accompanied, and to have their reports or complaints dealt with through the appropriate channels,

• to guarantee to all concerned a complaints procedure in accordance with the rule of law (cf. Codex Iuris Canonici, hereinafter “CIC”, Can. 221 §3), which respects both the presumption of innocence and the principles of legality and proportionality in criminal procedures,

• to offer, in the case of someone found guilty of abusing a minor or vulnerable adult and promptly removed from their responsibilities, appropriate support for their psychological and spiritual rehabilitation, with a view to their social reintegration,

• to do everything possible to restore the good name of anyone unjustly accused.

Art. 5       

The authorities of the Prelature commit themselves to treating those affected and their families with dignity and respect. In particular, they will offer:

a)    to welcome, listen to and accompany them, using specialist services where appropriate,

b)    to provide spiritual care,

c)    to provide medical, therapeutic and psychological care, as the case may require.

Art. 6      

The good name, privacy and confidentiality of the personal data of those involved must be protected.

TITLE II – SAFEGUARDING STANDARDS

Art. 7      

Apostolic initiatives which receive pastoral support from the Prelature (cf. Statuta, No. 121) and in which minors or vulnerable persons take part, should have in place adequate safeguarding policies and standards of good practice.

Art. 8       

In accordance with VELM Art.2, the Office of Coordinator for the safeguarding of minors has been established in the Prelature, with the following functions and obligations:

1°    To receive every kind of complaint or report – whether directly from the person affected or from third parties – regarding conduct to which this Policy applies. Receipt of every such report will be acknowledged to the complainant and – if different from the complainant – also to the offended person.

2°    To gather whatever data may be necessary for the purpose of identifying the person accused and the possible victims, as well as any subsequent data relating to the facts asserted and the persons affected.

3°    To inform the complainant and, where appropriate, the offended person about the procedural steps, whether in canon or in civil law.

4°    To provide initial assistance to victims, with attentive personal support.

5°    In considering an oral complaint, to prepare an authenticated statement – which should be signed by the complainant – noting everything that has been affirmed and also the steps that have been taken, for which purpose the presence of a canonical notary will be required.   

6°    To send to the Regional Vicar, with speed and discretion, the authenticated statement of the complaint and of the steps taken, making a written note of having sent it and of the date of same, and notifying the complainant to this effect.

7°    To ensure the security, integrity and confidentiality of information in accordance with  Can. 1455 §3 CIC.

8°    To inform the Regional Vicar periodically of the work carried out.       

Art. 9      

Each Regional Vicar shall designate, within the ambit of his region, a Coordinator of safeguarding of minors and vulnerable persons (hereinafter, “Safeguarding Coordinator”), at least one Deputy Coordinator, who will assist the Coordinator in the implementation of these directives and substitute for the Coordinator when necessary, and an Advisory Committee composed of at least five persons. The Safeguarding Coordinator will arrange training activities in safeguarding practice for those involved with minors and vulnerable persons. He or she will also be especially responsible for welcoming and accompanying persons who have suffered exploitation, sexual abuse or ill-treatment, as well as their families.

Art. 10   

Before designating persons who will work with minors or vulnerable persons in apostolic initiatives which receive pastoral support from the Prelature, even for an occasional involvement:

a)    the suitability of the candidates to interact with such persons should be ascertained through appropriate inquiry and by establishing, in accordance with current legislation, the absence of a criminal record,

b)    the candidates are to be provided with adequate training, using the most appropriate means, to help them to understand, identify and prevent risks of sexual exploitation and abuse.

TITLE III – CODE OF BEHAVIOUR

Art. 11   

In apostolic initiatives that include minors, priority should be given to safeguarding them. Accordingly, in the course of such activities, the faithful of the Prelature and their collaborators must:

• be prudent and respectful in dealing with minors,

• be positive role models for them,

• always be visible to other adults when in the presence of minors,

• report to those in charge any potentially dangerous behaviour they might notice,

• respect the sphere of privacy of minors,

• inform parents or guardians about the activities they intend to carry out and the procedures to be adopted,

• exercise the necessary prudence in communicating with minors, including by telephone and on social media,

• carry out activities in rooms suited to the age and stage of development of the minors, taking special care to ensure, as far possible, that minors do not enter or remain in places hidden from view or without supervision,

• avoid any inappropriate, ambiguous or unnecessary physical or verbal contact, such as signs of affection, kisses or hugs which are imprudent, unjustified or capable of misinterpretation.

Art. 12   

Faithful of the Prelature – and those admitted as collaborators in apostolic initiatives of the Prelature in which minors or vulnerable adults take part – are strictly forbidden:

• to inflict corporal punishment of any kind,

• to establish a preferential relationship with any of the persons covered by this Policy,

• to leave any such person in a situation which is potentially dangerous to his or her physical or mental safety,

• to address them in an offensive manner,

• to conduct themselves in a manner or participate in behaviour which is inappropriate or sexually suggestive,

• to discriminate against any individual or group of persons covered by this Policy,

• to ask any such person to keep a secret,

• to make gifts directly to any person covered by this Policy which discriminates against the rest of the group,

• to transport any such person in a vehicle, except in the company of others,

• to photograph or film any of the persons covered by this Policy without the written consent of their parents or guardians, where applicable,

• to publish or disseminate via the internet or on social networks, without the consent of the parents – or guardians where applicable – images in which any of the persons covered by this Policy can be recognized,

• to contact any such person, including by phone or social media, without the consent of the parents or guardians.       

Art. 13   

Any inappropriate or bullying behaviour that might take place between persons covered by this Policy – even if it does not have particularly serious characteristics – should be acted on promptly, in a measured way, and with prudence and refinement, immediately informing the parents or guardians concerned.

Art. 14   

The written consent of parents or guardians is indispensable for the participation of minors or vulnerable adults in activities which come within the pastoral responsibility of the Prelature. Parents or guardians must receive information about the proposed activity, as well as the names and contact details of those responsible. Parental consent forms which contain confidential details are to be kept on file with appropriate safeguards.

TITLE IV – RECEPTION OF COMPLAINTS

Art. 15   

Those who disclose that they have suffered abuses covered by this Policy, as well as their families, have the right to be welcomed, listened to and supported. The Regional Vicar, directly or through the Safeguarding Coordinator, will 

• listen to them, 

• assure them that their complaints will be addressed in accordance with civil and canon law, 

• ensure that they are offered appropriate spiritual assistance, and 

• protect their good name and the confidentiality of their personal data. 

The Regional Vicar may entrust the spiritual accompaniment of offended persons and their families to a qualified priest.

Art. 16   

Medical, psychological and social support, as appropriate, will also be made available to such persons, as well as information of a legal nature.

Art. 17   

Without prejudice to the sacramental seal, any faithful of the Prelature or collaborator who may have information or a grounded suspicion that a minor or vulnerable person may be suffering any of the abuses addressed in this Policy, shall inform the Regional Vicar, directly or through the Safeguarding Coordinator.

Art. 18   

When the complaints or reports are not manifestly unfounded, the Regional Vicar shall remove the person presumed to have perpetrated the acts from involvement in the apostolic activities of the Prelature for the duration of the proceedings in the case, the outcome of which will determine his or her final situation vis-à-vis the Prelature.

Art. 19    

The civil authorities must be informed of an allegation of sexual abuse of a minor, in accordance with the current civil and canonical legislation, unless it is manifestly unfounded, would involve a violation of the sacramental seal or of the confidentiality of spiritual guidance, or in the other circumstances foreseen in Can. 1548 §2  CIC.

• This right and duty will always be respected. No attempt shall be made, for any motive, to dissuade the alleged victim or his or her family from reporting the matter to the civil authorities. The Coordinator shall rather inform them of this right and duty and encourage them to exercise it.

• If the victim or the victim’s legal representative, in writing or otherwise, were to oppose the making of a civil report, the Regional Vicar should act in accordance with the applicable civil norms. In any case, if the Regional Vicar, having consulted the Advisory Committee, considers it necessary for the safeguarding of the person concerned or of other minors, he shall inform the civil authorities about the allegation or the information received. 

TITLE V – PROCESSING OF COMPLAINTS

Art. 20    

In cases within his competence and without prejudicing any investigation underway in a civil process, the Regional Vicar shall entrust a preliminary investigation in accordance with Can. 1717 CIC with the greatest diligence, to the Promoter of Justice of his Region or to a delegate (hereinafter, “the Investigator”), or if this is not possible, he shall carry it out personally. 

Art. 21   

During the preliminary investigation, among other things that might be relevant, as much as possible should be ascertained about the conduct which is being investigated and its circumstances, the personal details and ages of the persons concerned, the harm caused and the possible involvement of the sacramental forum. Documents, evidence and testimonies may be gathered from the various contexts and environments in which the person under investigation would have acted. The Investigator may also make use of statements, testimonies, documents and reports of experts collected in the civil sphere, to which they may have access, as well as any judgement or decision of the courts of the State concerning the matters under investigation.

Art. 22    

In the course of the preliminary investigation, the following objectives shall be pursued:

a)    to try to achieve the spiritual and psychological recovery of each person involved,

b)    to obtain, without delay and in whatever manner may be appropriate to the case, the testimony of the injured party,

c)    to inform the victim or his or her representatives as to the rights of the injured party and how to enforce them, including the possibility of presenting evidence and requesting to be heard, directly or through an intermediary,

d)    to inform the same persons, if they so request, of the outcome of the investigation and of the course of subsequent events in the process,

e)    to advise the injured person to make use of the services of civil and canonical advisers,

f)     to safeguard the injured person and his or her family from any intimidation or retaliation,

g)    to protect the good name, privacy, and confidentiality of personal data of the parties involved.

Art. 23   

The presumption of innocence must always be guaranteed and calling into question the good name of the person under investigation (hereinafter, “the respondent”) is to be avoided. Unless there are serious reasons to the contrary, the respondent must be promptly informed of the opening of the investigation and of what has occasioned it. The respondent should be encouraged to make use of the services of civil and canonical advisors and should also be offered spiritual and psychological support.

Art. 24   

Where there is reason to believe that the offences might be repeated, the appropriate precautionary measures should be taken without delay, in accordance with the law.

Art. 25   

If the preliminary investigation establishes at least the plausibility of the notitia which gave rise to it, the Regional Vicar shall act in accordance with the procedures required by canon law and shall inform the competent civil authorities. Otherwise, the Regional Vicar shall issue a reasoned decree to dismiss the case, retaining documentation in his confidential archive which certifies the steps taken and the reasons for the decision made. Nevertheless, when the accused is a cleric, the DDF shall be informed (cf. SST, Articles 6 and 16) – even when it has been decided to dismiss the case – for which purpose the Regional Vicar shall send an authenticated copy of the minutes of the investigation and the corresponding decree to the Curia of the Prelature as soon as possible.

Art. 26   

Any person who is found guilty of committing a crime of abuse against a child or vulnerable person shall be dismissed from his or her apostolic or pastoral tasks or responsibilities in the Prelature. Nevertheless, such a person shall be offered appropriate support for their psychological and spiritual rehabilitation, as well as for their social reintegration.

Art. 27    

For the local application of these directives, each Regional Vicar shall revise the safeguarding procedures for minors in his region, having regard to the model procedures issued with this Policy, the indications given by the Episcopal Conference of the Region and the civil legislation in force.

Rome, 22 February 2020 

POSTSCRIPT

Human and spiritual accompaniment of victims or injured persons. 

1. Everyone in the Church, each according to his or her state, "is called to assume responsibility" in this "plan of protection, healing and justice" (...), "so that the protection and care of those who have suffered abuse becomes the norm in every area of the Church's life" (Francis, Address, 29 April 2022).

2. All of the norms, materials and experiences that have been developed in the global and regional safeguarding policies of the Prelature and their appendices help to raise awareness that the goal we seek is, first of all, to affirm the dignity of the person in human relationships and, as a consequence, the prevention of abuses and the healing of any person who has been hurt. In this sense, legal procedures (civil or canonical), while fundamental and necessary, do not necessarily lead to a full healing. To achieve this, other essential dimensions in the care of persons who have been harmed (pastoral, medical, psychological, accompaniment, etc.) must also be addressed – see Vos estis lux mundi, 25-III-2023, art. 5. It is a matter of broadening the focus, taking in the whole person, and of understanding and assimilating that the moral obligation of accompaniment, when this is possible, is not satisfied with the conclusion of a legal process. In this sense, addressing the Pontifical Commission for the Protection of Minors, the Holy Father affirmed: "I wish you to propose the best methods for the Church to protect minors and vulnerable persons and to help survivors to heal, bearing in mind that justice and prevention are complementary" (Address, April 29, 2022).

3. Furthermore, in addition to the cases in which there is a complaint, there may be others in which, although the facts are known, for various reasons there are no civil proceedings (for example, in some cases the victims prefer not to file a complaint, or the statute of limitations applies, etc.). In these situations, there is still a need to look after the victim in different ways.

4. In short, accompaniment, in its various dimensions, begins on the day when a report is first received of the occurrence of a possible abuse and – where its validity is established – should continue until the eventual healing of the victim. This is a path that requires accompaniment to be practised thoroughly, usually including referral to professionals or other more qualified persons. The voluntary cooperation of the victim is essential, as is the passage of time; it will often take years or even a lifetime ("the abused person is wounded, sometimes even indelibly" (Address, April 29, 2022).

5. The following are indicators of a good process of accompaniment: 

• periodically reviewing the functioning of the office responsible for listening to concerns, ensuring that they are professional channels and that they do not renew the hurt caused, even if unintentionally – revictimization causes the person to relive the traumatic situation and to become a victim once more; 

• prioritising an approach to victims which is open and respectful, which does not show distrust or suspicion, or regard them as a threat, which knows how to listen, understanding that they have probably lost confidence, which clearly recognises, when such is the case, that there is an aggressor and a victim, and accordingly asks for forgiveness in an express, prompt and unequivocal manner; 

• fulfilling the responsibility to keep the victim informed of the steps and measures that are being taken, assessing how, when and who will be in charge of doing so. Whenever possible – taking into account there may be situations in which the person concerned does not wish to have any contact with the Prelature and it would be counterproductive to act against their wishes – the victim should be accompanied at all times, and must not feel alone in facing the various formalities, procedures, etc.

6. It is also important to accompany and to take good care of secondary victims, especially the family (parents, siblings, etc.), and other people close to the victim who, due to their circumstances, could also be affected and need help.

7. The experience acquired thus far in the Church shows that, when accompaniment is lacking or is done badly, persons can easily be revictimized, even by those acting with good intentions. The moment in which a presumptive victim first turns to the institution to tell what has happened to him or her is vitally important in the process of accompaniment. The manner in which he or she is first received and listened to will have possible repercussions for the rest of the healing process.

Short bibliography

• Vos estis lux mundi (You are the light of the world), Apostolic Letter in the form of a "motu proprio", Pope Francis (25- III-2023)

• Address of Pope Francis to the members of the Pontifical Commission for the Protection of Minors (29 April 2022)

• Listen to Victims, Jaime Cardenas, in Rilevanza e ascolto (Relevance and listening), Comunicare il messaggio cristiano nella pluralità delle voci contemporanee, edited by Gema Bellido, Juan Narbona and Danielle Sebastianelli, EDUSC 2023, pp. 117-128.