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Replies of the Holy See to the List of Issues

Replies of the Holy See to the List of Issues

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Published by Francisco Estrada

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Published by: Francisco Estrada on Jan 13, 2014
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Committee on the Rights of the Child
Sixty–fifth session
13–31 January 2014Item 4 of the provisional agenda
Consideration of reports of States parties
List of issues in relation to the second periodic report of the Holy See
Replies of the Holy See to the list of issues
[2 December 2013
"he present document is being issued #ithout formal editing$
(nited )ations
Convention on theRights of the Child
Distr$ %eneral December 2013riginal &nglish
Introduction$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$3art I$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$/uestion 1$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$/uestion 2$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$/uestion 3$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$/uestion 4$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$5/uestion 6$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$5/uestion $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$10/uestion 7$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$10/uestion $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$12/uestion 5$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$13/uestion 10$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$14/uestion 11$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$16/uestion 12$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$17/uestion 13$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1art II$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$15art III$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20/uestion 1$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20/uestion 2$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20/uestion 3$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20/uestion 4$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20/uestion 6$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20/uestion $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$21.nne8es
!.nne8es can be consulted in the files of the 9ecretariat$
1$"he :oly 9ee #elcomes this opportunity to respond to the *ommittee on the +ights of the *hild;s <hereinafter the =*ommittee>? re@uests for =further information relevant to the implementation of the *onvention> <art$ 44$4?$ "hese @uestionsA in the form of a =Bist of Issues>A react to the :oly 9ee;s *ombined 9econdA "hird and Courth +eports <hereinafter the =:oly 9ee;s +eport>? on the *onvention on the +ights of the *hild <*+*?$ 2$"o put the dialogue bet#een the *ommittee and the :oly 9ee into conte8tA the :oly 9ee underlines that it acceded to the *+*A on its o#n behalf and that of -atican *ity 9tate <-*9? and #ith three reservations$ 3$.s noted aboveA the *ommittee;s re@uests for further information regard the :oly 9ee;s +eportA #hichA in turnA is divided into four arts <a?art I deals #ith general considerationsA including the nature of the :oly 9ee as a subect of international la# and the distinction bet#een the :oly 9ee and -*9$ art II responds to the concluding observations of the *ommittee to the :oly 9ee;s Initial +eport by discussing general principles that it promotes internationally$ art III discusses the contributions of the :oly 9ee in advancing basic principles recogniEed in the *+*A during the relevant time periodA taFing into consideration the *ommittee;s +eporting %uidelinesA as far as possible$ CinallyA art I- addresses the implementation of the *onvention in -*9G <b?arts II and III of the +eport contain various e8amples pertaining to the local *atholic churches and institutions operating in the territories of other 9tates$ 9uch activities are offered as good practices inspired by the principles and teachings of the :oly 9ee$ :o#everA  prior to any reference to them a caveat is made along the follo#ing lines the :oly 9ee encourages and supports activities carried out by the local *atholic churches and institutions according to their o#n status in canon la#A and in compliance #ith the la#s of the respective 9tates in #hich they operate <see e$g$A paras$ 5A 32A 3A 66A 76?$4$.lthough the *ommittee;s =Bist of Issues> deals #ith the implementation of the *+* in -*9A most of the @ueriesA despite the :oly 9ee;s caveat mentioned supraA seem to consider the  bishops and maor superiors of religious institutes acting as representatives or delegates of the +oman ontiff <:oly 9ee;s +esponse to the Irish %overnment;s -ie#s on the *loyne +eportA 3 9eptember 2011?$ 6$"he :oly 9ee is not unmindful of the comple8ity of its nature as a sovereign subect of international la#$ "hereforeA in an effort to enhance the dialogueA the :oly 9ee #ould liFe to address some preliminary issuesA #hich seem to be at the heart of the conversation a? the international personality of the :oly 9eeA including distinctions bet#een the :oly 9ee and -atican *ity 9tateA on the one handA and the :oly 9ee and the *atholic *hurchA on the other handG b? the nature of canon penal la# and ho# it differs from 9tate criminal la#sG and c? the notion of 9tate sovereignty and the application and implementation of the *onvention$
he %nternational &ersonality of the Holy See#
$"he :oly 9ee is a sovereign subect of international la# having an originalA non'derived legal personality independent of any territorial authority or urisdiction$ "he :oly 9ee intended as the +oman ontiffA in the narro# senseA and the +oman ontiff #ith his dicasteries <especially the 9ecretariat of 9tate? in the broader senseA has diplomatic relations #ith 10

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