tag:theconversation.com,2011:/us/topics/archbishop-44306/articlesArchbishop – The Conversation2020-08-26T01:55:50Ztag:theconversation.com,2011:article/1450302020-08-26T01:55:50Z2020-08-26T01:55:50ZWhy freedom of religion won’t likely trump public health interests with a future COVID-19 vaccine<figure><img src="https://images.theconversation.com/files/354758/original/file-20200826-22-1hdk0w9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Bianca di Marchi/AAP </span></span></figcaption></figure><p>Religious objections to vaccinations have been around almost as long as vaccinations themselves. </p>
<p>This week, three leading Australian religious figures have <a href="https://www.abc.net.au/news/2020-08-24/sydney-catholic-archbishop-warns-pm-against-coronavirus-vaccine/12588578">written</a> to Prime Minister Scott Morrison outlining ethical concerns they have with the potential COVID-19 vaccine being developed at Oxford University. </p>
<p>The three Sydney archbishops <a href="https://www.documentcloud.org/documents/7042933-LETTER-COVID-19.html">are concerned</a> the vaccine utilises a cell line derived from an aborted foetus. In their letter, they say the use of this cell line </p>
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<p>will raise serious issues of conscience for a proportion of the population.</p>
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<p>Today, the Australian Federation of Islamic Councils also <a href="https://www.afic.com.au/2020/08/afic-concerned-about-the-use-of-aborted-foetus-tissue-in-vaccines/">signalled its “profound concern”</a> over the use of foetal tissue in vaccine development. President Rateb Jneid urged Morrison</p>
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<p>to reconsider accessing such vaccines but instead to invest into Australian research into ethical alternatives.</p>
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<p>With Morrison saying last week he wants <a href="https://www.theaustralian.com.au/nation/politics/coronavirus-95-per-cent-of-australians-will-need-to-take-up-covid-vaccine-says-scott-morrison/news-story/e7c246e7ea0536b9642854fe1adc0358">95% of Australians</a> to take a future COVID-19 vaccine, this will raise significant issues of freedom of religion. </p>
<h2>Why some faith groups oppose vaccines</h2>
<p>Faith groups object to vaccinations for a range of reasons. For example, <a href="https://tif.ssrc.org/2015/05/22/5-questions-and-answers-about-religious-exemptions-for-vaccines/">Christian Scientists</a> object to all vaccinations, relying instead on prayer to prevent and cure disease. They do so on the basis that </p>
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<p>disease, in this construct, is not fundamentally real, but rather something that can be dispelled, to reveal the perfection of God’s creation. </p>
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<p>Other faith groups only object to specific vaccines. In some cases, these objections are based on inactive ingredients in the vaccine. </p>
<p>For example, some Jews and Muslims object to vaccines that contain pork products. In 2018, <a href="https://www.abc.net.au/news/2018-08-21/indonesia-vaccines-measles-fatwa-issued-by-mui/10147040">Indonesia’s top Islamic body</a> issued a fatwa declaring that the rubella-measles vaccine was religiously prohibited (haram) because it contained “traces of pork and human cells.” </p>
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<p>Other faith groups object to vaccines because of the method by which they are developed. This is the basis for the archbishops’ objection to the potential Oxford COVID-19 vaccine. </p>
<p>In their letter to Morrison, the three archbishops, who represent he Anglican, Roman Catholic and Greek Orthodox communities in Sydney, said</p>
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<p>Please be assured that our churches are not opposed to vaccination: as we have said we pray that one may be found. But we also pray that it be one that is not ethically tainted.</p>
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<p>A number of existing vaccines use cells originally taken from aborted foetuses. While the use of these cells is considered <a href="https://www.abc.net.au/news/2020-08-24/sydney-catholic-archbishop-warns-pm-against-coronavirus-vaccine/12588578">ethical</a> by most standards, this does not alleviate religious concerns about the practice. </p>
<p>In their letter, the archbishops say some Australians may</p>
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<p>be concerned not to benefit in any way from the death of the little girl whose cells were taken and cultivated, not to be trivialising that death, and not to be encouraging the foetal tissue industry.</p>
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<img alt="" src="https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=733&fit=crop&dpr=1 600w, https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=733&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=733&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=921&fit=crop&dpr=1 754w, https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=921&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/354759/original/file-20200826-21-twznm9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=921&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Sydney Anglican Archbishop Glenn Davies, one of the three signatories to the letter.</span>
<span class="attribution"><span class="source">David Moir/AAP</span></span>
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<h2>How does freedom of religion factor in?</h2>
<p>Religious objections like these pose a dilemma for law and policy-makers, particularly now, in the middle of a pandemic. </p>
<p>On the one hand, there are strong public health reasons to create incentives to encourage widespread vaccination. On the other hand, such policies have the potential to inhibit freedom of religion. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/can-the-government-or-my-employer-force-me-to-get-a-covid-19-vaccine-under-the-law-144739">Can the government, or my employer, force me to get a COVID-19 vaccine under the law?</a>
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<p>Freedom of religion is a fundamental human right, provided for under the <a href="https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx">UN International Covenant on Civil and Political Rights</a>.</p>
<p>However, this freedom is not unlimited. Under article 18 of the UN covenant, these rights may be limited in the interests of public health. It reads: </p>
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<p>Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.</p>
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<p>COVID-19 is not the first time the government has had to decide whether or not to limit freedom of religion in favour of public health outcomes. </p>
<p>In 1998, the federal government <a href="https://www.sciencedirect.com/science/article/pii/S0264410X19309879">implemented</a> a policy requiring proof of childhood vaccines in order for families to receive certain welfare benefits. Certain exemptions were permitted for religious and conscientious objectors. </p>
<p>In 2015, the government <a href="https://www.theguardian.com/australia-news/2015/apr/14/christian-scientists-granted-immunity-from-no-jab-no-pay-policy">announced</a> it was revising its “<a href="http://www.ncirs.org.au/public/no-jab-no-play-no-jab-no-pay">no-jab, no-pay</a>” policy to remove these exemptions. The explanatory memorandum accompanying the bill <a href="https://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r5540_ems_78b7b14d-fa5d-469e-a038-2840207a8f3e/upload_pdf/503827.pdf;fileType=application%2Fpdf">noted</a></p>
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<p>objection to vaccination can limit the rights of others to physical and mental health. </p>
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<p>And in the context of COVID-19, we have already seen <a href="https://lawandreligionaustralia.blog/2020/04/18/church-meetings-and-covid-19-in-australia/">significant restrictions</a> on freedom of religion, including the size of religious gatherings and the closure of places of public worship. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/how-religions-and-religious-leaders-can-help-to-combat-the-covid-19-pandemic-indonesias-experience-140342">How religions and religious leaders can help to combat the COVID-19 pandemic: Indonesia's experience</a>
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<h2>Freedom of religion in Australia is narrowly interpreted</h2>
<p>In Australia, freedom of religion is primarily protected via <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/Freedomofreligion/Interim_Report/section?id=committees%2Freportjnt%2F024110%2F25178">section 116 of the Australian Constitution</a>, which says</p>
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<p>the Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.</p>
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<p>While this section appears to provide strong protection for freedom of religion, it has been interpreted narrowly by the High Court. </p>
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<img alt="" src="https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/354753/original/file-20200825-18-dazcom.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Scott Morrison has signalled he wants near-total compliance with a future COVID-19 vaccine.</span>
<span class="attribution"><span class="source">DAN HIMBRECHTS/AAP</span></span>
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<p>In 1943, for instance, the High Court unanimously <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1943/12.html">ruled</a> a ban on the Jehovah’s Witnesses was not prohibited by section 116. The court found that in the context of war time, a ban was acceptable to protect the interests of a free society, even though it had the effect of limiting freedom of religion.</p>
<p>Further, section 116 only applies to federal laws. Any state-based laws creating incentives to encourage widespread uptake of a future COVID-19 vaccine would not allow for objections under the section. </p>
<p>While the potential Oxford University COVID-19 vaccine may “raise serious issues of conscience” for some religious groups, the interests of public health are likely to outweigh any freedom of religion concerns. </p>
<p>Despite this, the government cannot force people to be vaccinated, only compel them to do so. And there are likely to be some people, like Anglican Archbishop Glenn Davies, who would rather wait for a vaccine they find to be less “ethically tainted.” </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/religious-groups-are-embracing-technology-during-the-lockdown-but-can-it-replace-human-connection-135682">Religious groups are embracing technology during the lockdown, but can it replace human connection?</a>
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<img src="https://counter.theconversation.com/content/145030/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Renae Barker is the Advocate for the Anglican Diocese of Bunbury </span></em></p>Religious objections to vaccinations have been around almost as long as vaccinations themselves. This presents a new challenge to policy makers as we get closer to a potential COVID-19 vaccine.Renae Barker, Senior Lecturer, The University of Western AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/976042018-06-28T10:39:11Z2018-06-28T10:39:11ZWhat Pope Francis’ choice of a Pakistani cardinal means for Christians of the country<figure><img src="https://images.theconversation.com/files/225155/original/file-20180627-112601-1cwljnc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Pakistani Christians attend Easter service in Lahore in April 2018.</span> <span class="attribution"><span class="source">AP Photo/K.M. Chaudary</span></span></figcaption></figure><p>Pope Francis will create <a href="https://indiancatholicmatters.org/the-goan-connection-pope-elevates-karachi-archbishop-joseph-coutts-as-cardinal/">14 cardinals on June 29</a>, among them Pakistan’s Joseph Coutts, currently the archbishop of Karachi. What might come as a surprise to some people is that Pakistan, though a majority-Muslim country, is home to some 2.5 million Christians, approximately half of whom are Roman Catholics. </p>
<p>As my research as a <a href="https://divinity.uchicago.edu/sightings/frances-incomplete-citizens-and-why-some-put-islam-first">scholar of global religions</a> shows, most of Pakistan’s Christians have an unusual history.</p>
<h2>Early conversions</h2>
<p>Most Christians in Pakistan, including Catholics, owe their religious affiliation to the activities of missionary societies during the 19th and early 20th centuries in the Punjab region of what was then British-ruled India. </p>
<p>Early evangelization efforts by both the British and Americans in India focused on upper-caste Hindus. The assumption was that these Hindus would use their influence to convert members of the lower castes. This approach led to few converts. However, in the late 19th century, American missionaries changed course and began to <a href="https://books.google.com/books?id=z9c3AcIDCKkC&pg=PA1&vq=christian+colonies&dq=punjabi+presbyterian&source=gbs_toc_r&cad=3#v=onepage&q=christian%20colonies&f=false%20https://books.google.com/books/about/Nationalism_and_Minority_Identities_in_I.html?id=82jaiJ48vZQC">baptize Hindus from the sweeper caste</a>. </p>
<p>Hindus from this caste are traditionally assigned jobs considered “polluting,” such as skinning animals, removing the bodies of the unclaimed dead, and cleaning toilets. The missionaries’ new approach proved successful, in part because conversion to Christianity offered hope of escape from Hinduism’s caste system. </p>
<p>When the British left the Indian subcontinent in 1947, they carved territory out of India to create the new country of Pakistan for Muslims, who were a minority in India. The region of Punjab, where most Christians lived, became part of Pakistan. </p>
<p>The majority of Christians chose to remain in Pakistan. They believed that they would fare better there because Islam rejects social divisions on theological grounds. </p>
<h2>Lower socio-economic status</h2>
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<img alt="" src="https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/224048/original/file-20180620-137717-1d6pc0i.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">A church in Pakistan’s city of Lahore.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/40292981@N00/2488239579">leenient</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></span>
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<p>In practice, after the creation of Pakistan, not much changed economically or socially for the Christians who stayed: The <a href="http://www.serialsjournals.com/serialjournalmanager/pdf/1431325081.pdf">caste system continued to exist</a> in the new country. </p>
<p>Even today, most Pakistani Christians living in major cities are <a href="https://www.ucanews.com/news/christians-upset-over-controversial-pilgrimage-advert/80233">consigned to sanitation jobs</a> and a life of poverty. In Pakistan’s northwest city of Peshawar, for example, as many as 80 percent of Christians are sanitation workers. In another of its major cities, Lahore, Christians account for <a href="http://www.thefridaytimes.com/tft/christians-required-only-as-sweepers/">6,000 out of 7,894 sanitation workers</a>. </p>
<p>Newspaper ads for sanitation jobs, including by government agencies, frequently call for non-Muslims. One of Asia’s Catholic news agencies, UCANews, reported that in May 2017, the Hyderabad Municipal Corporation issued a call for 450 sanitation workers, <a href="https://www.ucanews.com/news/children-of-a-lesser-god-pakistans-sanitation-workers/79884">offering contracts</a> that required employees to be non-Muslim and to take this oath: “I swear by my faith that I will only work in the position of a sanitary worker and not refuse any work.” </p>
<p>Consigned to a low social hierarchy, poverty among Christians remains widespread. A <a href="http://minorityvoices.org/news.php/en/1081/pakistan-study-shows-christians-in-lahore-lag-behind-in-education-employment">2012 survey in Lahore</a> reported by the watchdog organization, Minority Voices, found that the average monthly income of Christian families was US$138, a per-capita daily income of US$0.92, which is well below the poverty line defined by the World Bank. In contrast, during the same year, the <a href="https://www.statista.com/statistics/226956/average-world-wages-in-purchasing-power-parity-dollars/">average monthly income for all Pakistanis</a> was US$255.</p>
<h2>Blasphemy laws target minorities</h2>
<p>The condition of Christians only worsened when General Muhammad Zia ul-Haq, Pakistan’s dictatorial president, started <a href="https://www.jstor.org/stable/2759814?seq=1#page_scan_tab_contents">the Islamization of the country</a> in the 1970s. </p>
<p>Originally, for example, Pakistan’s blasphemy laws punished offenders who intended to wound the religious sensibilities of others. Zia added several Islam-specific clauses to this nonsectarian code, including making blasphemy against the Prophet Muhammad punishable by death. </p>
<p>Anthropologist Linda Walbridge, writing about <a href="https://books.google.com/books?id=z9c3AcIDCKkC&pg=PA1&vq=christian+colonies&dq=punjabi+presbyterian&source=gbs_toc_r&cad=3#v=onepage&q=christian%20colonies&f=false%20https://books.google.com/books/about/Nationalism_and_Minority_Identities_in_I.html?id=82jaiJ48vZQC">the conditions of Pakistani Christians</a>, notes that by the 1990s “Christians certainly believed they were the targets of systematic oppression.” That oppression, she observes came largely “in the form of laws that have increasingly been used against them.”</p>
<p>Indeed, laws intended to protect Islam have sometimes been used against Christians and other minorities to settle personal scores or business disputes. In one incident, a Christian couple refused to pay back their Muslim boss who had lent them money. A mob burned them alive after the boss <a href="https://www.nytimes.com/2014/11/05/world/asia/pakistani-christian-couple-accused-of-blasphemy-is-killed-by-angry-mob.htm">accused them of blasphemy</a>. </p>
<h2>Goan Catholics and Coutts</h2>
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<span class="caption">Pakistan’s Joseph Coutts, currently the archbishop of Karachi.</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:Mgr_Coutts_%C3%A0_la_Nuit_des_T%C3%A9moins_2016.jpg">Par Ollivry</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>Unlike the <a href="http://www.serialsjournals.com/serialjournalmanager/pdf/1431325081.pdf">97 percent of Pakistan’s Christians</a> who trace their roots to the Punjab region, Archbishop Coutts traces his <a href="https://timesofindia.indiatimes.com/city/goa/A-dash-of-Goa-in-Pakistan/articleshow/9866412.cms">roots to the Goa region of India</a>. This lineage can make a big difference.</p>
<p>Colonized by the Portuguese at the end of the 15th century, Goa became a center for Catholic leadership in the region. During British rule, Catholic Goans found work with the British, and some established themselves in the city of Karachi, now in Pakistan. There they improved their lot by taking advantage of educational opportunities. </p>
<p>Today, Pakistan’s Goan Catholics, whose customs and attitudes tend to be Westernized, are generally considered an elite among Christian groups and fare better than other such groups. Coutts will be the fifth cardinal of Goan origin and the second cardinal from Pakistan. The first Pakistani cardinal, elevated in 1973, was also of Goan origin. </p>
<p><a href="http://www.arabnews.com/node/1307656/world">Coutts has been praised</a> for his interfaith and humanitarian work. <a href="https://www.dawn.com/news/1410627">The 56 schools run by his archdiocese</a> admit students regardless of caste, color or religion, and subsidize the education of poor students. </p>
<p>While the selection of Coutts may not improve the living conditions of Pakistani Christians, it sends them a signal of solidarity. And, in spite of their ongoing persecution, <a href="http://www.dw.com/en/amid-christian-persecution-in-pakistan-pope-francis-nominates-karachi-archbishop-as-cardinal/a-43876412">it acknowledges, as Coutts said</a>, that “there is a viable, visible and active Christian community in Pakistan.”</p><img src="https://counter.theconversation.com/content/97604/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Myriam Renaud is affiliated with the Parliament of the World's Religions.</span></em></p>With Pope Francis recently elevating a Pakistani archbishop as cardinal, a scholar traces the history of persecution of the 2.5 million Christians of Pakistan.Myriam Renaud, PhD Candidate in Religious Thought and Ethics, University of ChicagoLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/894772017-12-21T11:20:05Z2017-12-21T11:20:05ZHow the Catholic Church’s hierarchy makes it difficult to punish sexual abusers<figure><img src="https://images.theconversation.com/files/200236/original/file-20171220-4948-zr4993.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Cardinal Bernard Law in Rome in 2011</span> <span class="attribution"><span class="source">AP Photo/Gregorio Borgia</span></span></figcaption></figure><p>Cardinal Bernard Law <a href="http://www.cnn.com/2017/12/20/world/former-boston-cardinal-bernard-law-dead/index.html">died on Wednesday, Dec. 20, in Rome</a>. Law was <a href="http://www.bostoncatholic.org/Default.aspx">Archbishop of Boston</a>, a position of prestige in the Roman Catholic Church in the United States. He had <a href="http://archive.boston.com/globe/spotlight/abuse/archives/042290_magazine.htm">wide political connections</a>, including with the Bush family. He publicly denounced Catholic politicians who supported abortion rights.</p>
<p>But this power and influence came to an end when <a href="https://www.bostonglobe.com/news/special-reports/2002/01/06/church-allowed-abuse-priest-for-years/cSHfGkTIrAT25qKGvBuDNM/story.html">The Boston Globe</a> revealed how Cardinal Law had concealed <a href="http://archive.boston.com/globe/spotlight/abuse/geoghan/">sexual abuse committed by priests.</a> </p>
<p>When Law was <a href="https://www.npr.org/news/specials/law/">forced to resign</a> in 2002, it did not mark the end of Catholicism’s struggle with sexual abuse in its ranks. Although <a href="https://www.washingtonpost.com/national/on-faith/10-years-after-catholic-sex-abuse-reforms-whats-changed/2012/06/06/gJQAQMjOJV_story.html">reforms in the United States</a> have made it mandatory for priests to report instances of sexual abuse, much work remains to be done in the Catholic Church worldwide.</p>
<p>From my perspective as a Catholic scholar of religion, one of the challenges in tackling this issue is the hierarchy of the church itself. </p>
<h2>Church structure</h2>
<p>At the top of the Catholic Church’s <a href="http://www.vatican.va/archive/ccc_css/archive/catechism/p123a9p4.htm">hierarchy</a> is the <a href="http://www.newadvent.org/cathen/12260a.htm">pope</a>. He is said to be the successor of the <a href="https://www.catholic.com/tract/origins-of-peter-as-pope">Apostle Peter</a>, about whom <a href="http://biblehub.com/matthew/16-18.htm">Christ said</a>: </p>
<blockquote>
<p>“You are Peter and on this rock I will build my church.” </p>
</blockquote>
<p>For Catholics, the pope is that “rock” that gives the church a firm foundation. The pope is considered to <a href="http://www.vatican.va/archive/ccc_css/archive/catechism/p123a9p4.htm">speak infallibly</a>, “without error,” under specific conditions concerning doctrine and morals. But he is not infallible when it comes to personal judgment such as whom he chooses to get advice from.</p>
<p>Under the pope are <a href="http://www.catholic-pages.com/hierarchy/bishops.asp">bishops</a>, who serve the pope as successors to the original 12 apostles who followed Jesus. </p>
<p>There are also <a href="http://www.dummies.com/religion/christianity/catholicism/the-role-of-cardinals-in-the-catholic-church/">cardinals</a>, who are appointed by the pope, and only they can elect his successor. Cardinals also govern the church between papal elections. Cardinals rank higher than bishops, so not all bishops are cardinals. But now all cardinals are bishops, although in <a href="http://popes-and-papacy.com/wordpress/teodolfo-mertel-the-last-lay-cardinal-1858-to-1899/">the past</a> there have been exceptions. Bernard Law was both a bishop and a cardinal. </p>
<p>The hierarchical structure of the Catholic Church resembles the military with its high level of administrative control. But the “church” in Catholic understanding is not just a bureaucratic body. It also is a sacred institution that is willed by God. </p>
<h2>Priests and obedience</h2>
<p>Male priests have the lowest rank in the formal hierarchy. When they are ordained, they take <a href="http://www.usccb.org/beliefs-and-teachings/vocations/priesthood/priestly-formation/faqs-priesthood-ordination-seminary.cfm">vows</a> of chastity, poverty and obedience to superiors. Usually priests are under the immediate authority of their local bishop, whose administrative area is called a “<a href="http://www.newadvent.org/cathen/05001a.htm">diocese</a>.”</p>
<p>While priests in many countries are <a href="http://www.usccb.org/issues-and-action/child-and-youth-protection/">mandated both by the church and civil law</a> to report sexual abuse to church commissions and legal authorities, there has been a culture of <a href="https://www.theguardian.com/world/2003/aug/17/religion.childprotection">denial and secrecy</a> that has prevented allegations from being fully investigated. A 1962 Vatican document instructed bishops to observe the <a href="http://image.guardian.co.uk/sys-files/Observer/documents/2003/08/16/Criminales.pdf">strictest secrecy in sexual abuse cases</a> and to address sexual abuse, or “solicitation,” as an internal church matter, not as an offense that should be reported to local authorities. </p>
<p>Despite establishing a commission to look into the problem and address a <a href="http://www.ncregister.com/site/article/vatican-panel-will-address-backlog-of-clergy-abuse-cases">backlog</a> of cases, <a href="https://www.nytimes.com/2017/07/07/opinion/pope-francis-catholic-church-sexual-abuse.html">Pope Francis</a> has still not established any protocol for handling sex abuse allegations for the Catholic Church as a whole. The pope has set <a href="https://www.nytimes.com/2016/06/05/world/europe/05popeabuseupdate1pix.html?_r=0">guidelines</a> for removing bishops who have been “negligent” in addressing cases of abuse. Still, some <a href="https://theconversation.com/popes-child-abuse-tribunal-wont-get-the-catholic-church-out-of-trouble-43128">commentators</a> believe this is not enough. </p>
<h2>Sexual abuse ignored</h2>
<p>The fact is that there has been a long history of protecting highly placed Catholic leaders from charges of sexual abuse.</p>
<p>When reports surfaced <a href="http://www.nytimes.com/2010/04/27/world/europe/27vienna.html">in 1995</a> that Austrian Cardinal <a href="https://web.archive.org/web/20100324001445/http://www.independent.co.uk/news/obituaries/cardinal-hans-hermann-groer-592499.html">Hans Hermann Groer</a> had molested monks and schoolboys, the sexual abuse was dismissed by <a href="http://www.nytimes.com/2004/07/17/world/seminary-sex-scandal-divides-austrian-church.html">Bishop Kurt Krenn</a> as <a href="https://books.google.com/books?id=JsR0u8f8MMMC&pg=PA149&lpg=PA149&dq=groer+affair&source=bl&ots=g7qkdn-Akc&sig=KqwWVGrJPvnq1nEK0n-adxfepfQ&hl=en&sa=X&ved=0ahUKEwi47ND_xPXUAhUNET4KHaqkAY0Q6AEIODAD#v=onepage&q=boyish&f=false">“boyish pranks.”</a> There were also claims that victims were paid “<a href="http://www.bishop-accountability.org/news2010/03_04/2010_04_04_Pancevski_JohnPaul.htm">hush money</a>” to buy their silence. The allegations of sexual abuse against Cardinal Groer proved to be true. </p>
<p>In another case from the late 1940s, <a href="http://www.newsweek.com/father-marcial-maciel-and-popes-he-stained-62811">Marcial Maciel</a>, the Mexican founder of a religious order, <a href="http://legionariesofchrist.org/">The Legionaries of Christ</a>, was a sexual abuser multiple times over. When allegations against Maciel were initially raised, John Paul II ignored them. Joseph Ratzinger, John Paul II’s confident and later successor, <a href="https://www.theguardian.com/world/2005/apr/24/children.childprotection1">remarked</a>: “One can’t put on trial such a close friend of the pope.” Though Maciel was eventually <a href="https://www.nytimes.com/2014/02/07/world/legionaries-of-christ-denounce-founder-marcial-maciel-degollado.html">disciplined</a> by Ratzinger when he took over as Pope Benedict XVI, Maciel avoided prosecution until his death in 2008.</p>
<h2>Challenges to reporting</h2>
<p>In all these cases, the hierarchical structure of the church made it difficult to bring high-ranking figures to justice. Superiors are given nearly absolute <a href="http://www.vatican.va/roman_curia/congregations/cclergy/documents/rc_con_cclergy_doc_23111998_pb_en.html">obedience</a>, which makes the threshold for acting against them high. By the same token, superiors can often protect offending priests.</p>
<p>The other issue is that a presumption of integrity goes with a high position in the Catholic Church. It is often difficult to believe that a bishop could commit or cover up a terrible crime such as rape or sexual abuse. Also, if the Catholic Church is a divine institution necessary for salvation, then there are those who will protect its reputation at all costs. </p>
<p>There is a tipping point, however. The key moment leading to the resignation of Cardinal Law was a <a href="http://www.yourlawyer.com/articles/title/58-priests-send-a-letter-urging-cardinal-to-resign">letter, signed by 58 priests</a>, asking him to resign. </p>
<h2>Cardinal Law’s legacy</h2>
<p>While the priest that Cardinal Law protected, John Geoghan, was convicted of his crimes – and later <a href="http://archive.boston.com/news/local/articles/2003/11/30/in_death_geoghan_triggers_another_crisis/">killed</a> in prison – Bernard Law himself never faced a court of justice. In fact, he was effectively <a href="http://www.wbur.org/news/2015/09/22/cardinal-bernard-law">promoted</a> to a venerable position as head of one of Catholicism’s most famous churches, <a href="http://www.vatican.va/various/basiliche/sm_maggiore/index_en.html">Santa Maria Maggiore</a> in Rome. </p>
<p>For victims of sexual abuse that occurred under his tenure, Cardinal Law only offered only a general apology and a vague reference to his own “<a href="https://www.theguardian.com/world/2002/dec/13/usa1">shortcomings</a>.”</p>
<p>The compendium of Catholic beliefs, <a href="http://www.vatican.va/archive/ENG0015/_INDEX.HTM">“The Catechism of the Catholic Church,”</a> observes that the “<a href="http://www.vatican.va/archive/ENG0015/__P29.HTM">sanctity</a>” of the church is “real” but also “imperfect.” </p>
<p>Catholicism has long recognized that the church is composed of human beings who have their limitations. Perhaps Cardinal Law’s death is another opportunity to ask whether the sexual abuse scandal is actually about the limitations of hierarchy.</p>
<p><em>This is an updated version of an <a href="https://theconversation.com/how-the-catholic-churchs-hierarchy-makes-it-difficult-to-punish-sexual-abusers-80661">article</a> originally published on July 19, 2017.</em></p><img src="https://counter.theconversation.com/content/89477/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mathew Schmalz does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The passing of Cardinal Bernard Law is another moment to revisit the issue of sexual abuse within the Catholic Church and why it remains a challenge.Mathew Schmalz, Associate Professor of Religion, College of the Holy CrossLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/851932017-10-05T14:51:41Z2017-10-05T14:51:41ZTutu’s activism for justice shows how theology can be made real<figure><img src="https://images.theconversation.com/files/188779/original/file-20171004-32388-1icaddd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption"> Archbishop Desmond Tutu 's deep spirituality drove him to fight for freedom and justice.</span> <span class="attribution"><span class="source">EPA/Nic Bothma</span></span></figcaption></figure><p><a href="http://www.sahistory.org.za/people/archbishop-emeritus-mpilo-desmond-tutu">Archbishop Emeritus Desmond Tutu</a> is internationally acclaimed for his life and work. </p>
<p>He has become best known for his work as General Secretary of the <a href="http://www.sahistory.org.za/archive/statement-by-the-general-secretary-of-south-african-council-of-churches%2C-desmond-tutu">South African Council of Churches</a>, a base from which he led the churches in the struggle against apartheid for which he was awarded the <a href="https://www.nobelprize.org/nobel_prizes/peace/laureates/1984/tutu-facts.html">Nobel Peace Prize</a> in 1984, and his role as <a href="http://www.sahistory.org.za/dated-event/archbishop-tutu-retires-0">Anglican Archbishop of Cape Town</a> in which he continued that public role as a leading symbol of black liberation and the bane of white South Africa. </p>
<p>He is also known for his role as the chairperson of the <a href="http://www.sahistory.org.za/article/tutu-and-his-role-truth-reconciliation-commission">Truth and Reconciliation Commission</a> in which he endeavoured to help heal the nation as its father confessor; and lastly in a regularly deferred retirement, as a respected <a href="http://abcnews.go.com/International/TenWays/story?id=3389067">global elder</a> in seeking to resolve both local and international conflicts.</p>
<p>Where does one even begin to start writing in appreciation of such a person and such a life? Fortunately, my task has been defined for me. I have been asked to write about his theology, an unusual request, but important nonetheless, given the fact that everything Tutu has said and done has been shaped, not by political insight and ambition, or by ecclesiastical interests, but by his faith in God, that is, by his theology.</p>
<h2>Spiritual leader</h2>
<p>Tutu is first and foremost, a spiritual leader, a man of deep prayer. But his deep spirituality is not and has never been the piety of a religious ghetto; exactly the opposite. </p>
<p>It was this that motivated his participation in seeking justice for the downtrodden and supporting the <a href="http://www.sahistory.org.za/article/1960-1994-armed-struggle-and-popular-resistance">liberation struggle</a>. It was this that gave him the courage to confront political bullies, stand up to abuse even from within his own church, and lead protest marches in the face of overwhelming displays of state power.</p>
<p>Functionaries of the apartheid state as well as those of our current government who abuse their power, look decidedly tawdry alongside the Arch. They are no match for his moral authority, his spiritual depth, or his theological wisdom. Nor can they compete with his humility, humour or humanity.</p>
<p>Unless we begin at this point in acknowledging Tutu’s spirituality we will completely misunderstand who he is and the contribution he makes to the life of the world. Critics who label him a political priest, totally misunderstand him. Tutu is politically astute, but he has had no personal political ambitions, nor was or is he a member of any political party.</p>
<h2>Reconciliatory ministry</h2>
<p>His social engagement began as he daily celebrated the <a href="https://www.ewtn.com/faith/teachings/eucha1a.htm">Eucharist</a>, listening in the silence to discern what needed to be said and done in the public arena. He had learnt this from his earliest teachers, the <a href="https://books.google.com.ng/books?id=S6UYpCoGUkgC&pg=PA25&lpg=PA25&dq=Fathers+of+the+Community+of+the+Resurrection+in+Rosettenville&source=bl&ots=YrN70Xk0-4&sig=AtpDlGmPQfTRNDeyckq5YdTZoek&hl=en&sa=X&ved=0ahUKEwiE2Mqe79bWAhUJsY8KHY7MCLIQ6AEILzAB#v=onepage&q=Fathers%20of%20the%20Community%20of%20the%20Resurrection%20in%20Rosettenville&f=false">Fathers of the Community of the Resurrection</a> in Rosettenville and <a href="http://www.sahistory.org.za/place/sophiatown">Sophiatown</a>, among them <a href="http://www.sahistory.org.za/people/father-trevor-huddleston">Trevor Huddleston</a>, whose scathing critique of apartheid, <a href="https://archive.org/details/naughtforyourcom001856mbp"><em>Naught for your Comfort</em>,</a> remains a classic.</p>
<p>It goes without saying that Tutu was well versed in the theological doctrines of Christian faith. In particular he had a profound understanding of the incarnational character of Christianity, the faith conviction that</p>
<blockquote>
<p>God was in Christ reconciling the world.</p>
</blockquote>
<p>Therefore, he stressed the incarnational and reconciling ministry of the church in the life of the world. He discerned the image of God imprinted on the face of all human beings, and believed that despite their sins, none was beyond redemption. Thus forgiveness and the inclusive embrace of the other are fundamental to human and social well-being.</p>
<p>His favourite theological theme was the <a href="http://www.biblestudytools.com/dictionary/transfiguration/">Transfiguration</a>, a symbol of hope and encouragement in times of darkest despair when the cross looms large and suffering becomes inevitable though potentially redemptive. Tutu drank deeply from the wells of the Hebrew prophets whose words inspired his own as he challenged evil, spoke truth to power and words of hope to the powerless. All the while, he was being drawn deeper into the mystery of God as he journeyed into the suffering of people and trying to find meaning in the darkest of times. On one occasion, in speaking about the untimely death of a young Christian leader, he cried out</p>
<blockquote>
<p><a href="https://kairossouthernafrica.wordpress.com/2012/04/25/2012-steve-de-gruchy-memorial-lecture-archbishop-emeritus-desmond-tutu/">God is God’s worst enemy!</a></p>
</blockquote>
<p>That is when theology becomes real – when the very word God becomes difficult to utter, when God is apparently absent. It is at the cross that faith is born. That is the faith of Desmond Tutu; the faith that enabled him to fight injustice and provide leadership in the struggle against oppression. That is Tutu’s theology, profoundly simple, yet simply profound.</p><img src="https://counter.theconversation.com/content/85193/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>John de Gruchy does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Archbishop Desmond Tutu is first and foremost, a spiritual leader, a man of deep prayer. This motivated his participation in supporting South Africa’s liberation struggle.John de Gruchy, Emeritus Professor of Christian Studies, University of Cape TownLicensed as Creative Commons – attribution, no derivatives.