—RSJ October 2023

English Latin Rights in Canon Law

• Obligations and Rights of the Christian Faithful
• Obligations and Rights of the Lay Christian Faithful
• Obligations and Rights of Clerics
• Obligations and Rights of Institutes and their Members.

Human and Civil Rights

• Retained by Religious
• Choose to limit exercise
• Limit: Ownership, Family
• Interdependent use: education, work, residence
• Free association
• Conditions on membership

Christian Faithful

• Obligations and Rights
• Each right implies an obligation
• Retained by members of religious institutes
• Limit the exercise of these rights
• Use in interdependence with the institute

Important Rights

• Right and duty to express opinions (212)
• Right to choose state in life (Canon 219)
• Right to privacy and reputation (Canon 220)
• Right to due process and right of defense
• (Canon 221)

Canon 212

• §1. Conscious of their own responsibility, the Christian faithful are bound to follow with Christian obedience those things which the sacred pastors, inasmuch as they represent Christ, declare as teachers of the faith or establish as rulers of the
• §3. According to the knowledge, competence, and prestige which they possess, they have the right and even at times the duty to manifest to the sacred pastors their opinion on matters which pertain to the good of the Church and to make their opinion known to the rest of the Christian faithful, without prejudice to the integrity of faith and morals, with reverence toward their pastors, and attentive to common advantage and the dignity of persons.

Canon 219*

• All the Christian faithful have the right to be free from any kind of coercion in choosing a state of life.

Canon 220

• No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy.

Right of Privacy / Reputation

• Moderate their exercise of the right to privacy
• Not forfeited
• Shared information: screening, misconduct, personnel decisions
• Balancing Privacy and Reputation with necessary sharing and openness

Canon 221

• §1. The Christian faithful can legitimately vindicate and defend the rights which they possess in the Church in the competent ecclesiastical forum according to the norm of law.
• §2. If they are summoned to a trial by a competent authority, the Christian faithful also have the right to be judged according to the prescripts of the law applied with equity.
• §3. The Christian faithful have the right not to be punished with canonical penalties except according to the norm of law.

Due Process / Defense

• Fundamental fairness in administrative or judicial actions.
• Not fully spelled out in the code
• Defense of one's rights
• Assistance of canonical counsel
• Procedures
• Protect the integrity of the Church's legal system.

Canon 662 Following Christ Religious are to find their supreme rule of life in the following of Christ as proposed in the Gospel and as expressed in the constitutions of their own institute.

• Supreme law is the following of Christ – all the rest of the canons are the means. Following Christ is lived according to the particular expression of the religious institute.
• The constitutions have structures and juridical norms, along with aspirational texts that articulate the vision of the community for living the Gospel (Canons 578. 587).

Canon 663 Prayer §1 The first and principal duty of all religious is to be the contemplation of things divine and constant union with God in prayer.

• Religious are transformed in and into contemplation; no longer a religious who prays, but a religious pray-er.

§2 Eucharist… §3 Sacred Scriptures and mental prayer… liturgy of the hours… other exercises of piety. §4 Special devotion to Mary & the rosary… §5 They are faithfully to observe the period of annual retreat.

Canon 664 Conversion Religious are earnestly to strive for the conversion of soul to God… Examen and sacrament of penance….

Canon 665 Religious Houses §1 Religious are to reside in their own religious house and observe the common life; they are not to stay elsewhere except with the permission of the Superior. For a lengthy absence from the religious house, the major Superior, for a just reason and with the consent of the council, can authorize a member to live outside a house of the institute; such an absence is not to exceed one year, unless it be for reasons of health, studies or an apostolate to be exercised in the name of the institute. §2 … unlawfully absent… carefully sought out.

Canon 666 Social Communication …a necessary discretion. …Esp chastity.

Canon 667 Enclosure §1 Enclosure appropriate to the character and mission of the institute. Some part of the house is always to be reserved to the members alone. §2-4 on contemplative enclosure.

Canon 668 Poverty §1 Before their first profession, members are to cede the administration of their goods… civil will before final profession §2 To change these dispositions … permission is requiredfor a just reason, and to take any action concerning temporal goods, there is required the permission of the Superior who is competent in accordance with the institute's own law.

• In addition to changing the cession and will, or to take any other act concerning temporal goods, e.g. contracts, or acting as power of attorney or executor for another.
• Sources: 580.3, 583.2; CA 17; SCR Decr. Religionum laicalium, 31 maii 1966, 6 (AAS 59 [1967] 363); SCRIS Decr. Cum superiores generales, 27 nov 1969 (AAS 61 [1969] 738-739)

§3 Whatever a religious acquires by personal labor, or on behalf of the institute, belongs to the institute. Whatever comes to a religious in any way through pension, grant or insurance also passes to the institute, unless the institute's own law decrees otherwise.

• Anything coming to the individual belongs to the institute: salary, pension, grant, insurance, etc.
• As an integral part of the institute, the brothers and sisters receive all necessities from the institute.
• The institute should discuss pension assets with a candidate for entrance. Institute law may handle these assets in various ways, in addition civil law will have differing treatments of pensions. Pension assets canonically belong to the institute, and civilly, they should be used for the care of the member. Some institutes treat pension earned before admission to the institute to be personal assets.
• Inheritances and gifts receive through the family generally belong to the member, but those who come through benefactors or friends associated with ministry or the institute generally belong to the institute.
• Canons 654 670. 580.1,2 582, 594.2; SCR Resp., 16 mar 1922 (AAS 14 [1922] 196-197); PC 13; ES ii: 23; ET21

§4 When the nature of an institute requires members to renounce their goods totally, this renunciation is to be made before perpetual profession and, as far as possible, in a form that is valid also in civil law; it shall come into effect from the day of profession. The same procedure is to be followed by a perpetually professed religious who, in accordance with the norms of the institute's own law and with the permission of the supreme Moderator, wishes to renounce goods, in whole or in part.

• 581; CA 16; ES II: 24; SCR Decr. Religionum laicalium, 31 maii 1966, 6 (AAS 59 [1967] 363)
• Complete renunciation - done before final vows. Future acquisitions are for the institute. This was an effect of solemn vows in prior law.
• Voluntary renunciation - according to proper law, with permission of supreme moderator, generally some years after final vows required.
• To the extent possible, the this act should be documented in a civilly valid document.

§5 Professed religious who, because of the nature of their institute, totally renounce their goods, lose the capacity to acquire and possess goods; actions of theirs contrary to the vow of poverty are therefore invalid. Whatever they acquire after renunciation belongs to the institute, in accordance with the institute's own law.

• 579, 582.1. Connections: 600, 653.2, 654, 670, 1192.2. Sackett 85 CLSA Proceedings - case studies.

Canon 669 Sign of Consecration

§1 As a sign of their consecration and as a witness to poverty, religious are to wear the dress of their institute, determined in accordance with the institute's own law.

• If there is no particular dress of the institute, they wear simple clothing of the region. Unlike CIC17, there is no indication when a habit is worn.
• A custom contra legem exists in this regard in many institutes and in many parts of the world.
• Habit comes from the monastic tradition - a specific garb of the community. Many communities simply adopted the simple clothing of their era, which did not change over time, and became a particular uniform of the institute.
• Sources 596; SCR Notif., 6 feb. 1965; PC 17; SCR Rescr., 17 aug. 1967, 2; SCRIS Normae, 8 jun. 1970; ET 22; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCRIS Notif., 12 nov. 1976; SCGE Litt. circ. 25 jan 1977; SCRIS Ep., 4 mar. 1977

§2 Religious of a clerical institute who do not have a special habit are to wear clerical dress, in accordance with can. 284.

• Sources 136.1, 188.7, 2379; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCE Litt. circ. 27 jan 1976; SCRIS Notif., 12 nov. 1976

Canon 670 Right to All Necessary for Vocation The institute must supply the members with everything that, in accordance with the constitutions, is necessary to fulfill the purpose of their vocation.

• N: This is the only right strictly speaking in the whole title; an it is quite general, and in a sense is a sum of all the duties of the institute toward the members and was not found in CIC17.
• Included would be basic physical needs food, clothing, shelter, healthcare, along with those thing necessary to participate in the life of the institute. The needs of the individuals, the common good and the mission of the institute are balanced, according also to the resources available to the institute.
• Sources: LG 43; PC 18; ET 26; See also Trent XXV regulares c.2.
• Connections: 618-619, 659.

Canon 671 Permission for Outside Offices Religious are not to undertake tasks and offices outside their own institute without the permission of the lawful Superior.

• Institutes have a procedure for missioning the brothers/sisters, that includes permission to take on particular offices or employment from the appropriate superior.
• Sources: 608; CD 35.2; ET 20, 26. Connections: 145.1, 601, 618, 654, 681-682

Canon 672 Other Canons Religious are bound by the provisions of cann. 277 (celibacy), 285 (exercise of civil power), 286 (unauthorized commercial activities), 287 (political or labor offices - except to defend the rights of the church or common good) and 289 (military service that is not avoidable). Religious who are clerics are also bound by the provisions of can. 279 §2 (continuing education). In lay institutes of pontifical right, the permission mentioned in can. 285 §4 (administering the affairs of lay people) can be given by the major Superior.

• No prohibition on practice of medicine as was found in CIC17. But stricter prohibition on partisan politics.
• Sources: 592; SCR Resp. 15 jul. 1919 (AAS 11 [1919] 321-323); SCR Litt. circ., 10 feb. 1924; SCR Litt. 29 apr. 1946; SCR Litt. circ., 2 maii 1951; SCR Secr. Militare servitium, 30 jul. 1957 (AAS 49 [1957] 871-874); LMR I.
• Connections: 135.2, 277, 279.2, 285-287, 289, 599, 607, 660-661, 666-667, 669, 1392.

• Scripture:
  • Created in the image and likeness of God (Gen 1:26), God who is Love (1 Jn 4:8), God's love is holy and missionary.
  • Be holy as God is holy in all manner of living. (1 Peter 1:15)
  • Therefore go and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, 20 and teaching them to obey everything I have commanded you. And surely I am with you always, to the very end of the age. (Matthew 28:19-20)
• Vatican II
  • Lumen Gentium - …all the faithful of Christ of whatever rank or status, are called to the fullness of the Christian life and to the perfection of charity; …They must follow in His footsteps and conform themselves to His image seeking the will of the Father in all things. They must devote themselves with all their being to the glory of God and the service of their neighbor. LG#40
  • Redemptoris Missio - The universal call to holiness is closely linked to the universal call to mission. RM#90
• Renewal
  • “Throw open the windows of the church and let the fresh air of the Spirit blow through.” John XXIII 10/11/62
  • Evolution in the Church's self-understanding as the People of God, a community of faith, called to be a holy people and a people on mission
  • Evolution in the self-understanding of religious life
    • from the holy people and the people on mission within the community of faith
    • to a holy people and a people on mission for the community of faith
    • to be church for the Church
  • Evolution of the Associate movement
    • rediscovering the calls to holiness and to mission
    • within parishes and with religious communities
    • renewed interest in spirituality, spiritual practices, prayer
    • renewed interest in mission and service
    • renewal occurs within the community of faith and beyond it
    • rich interchange between communities of faith and communities of service
    • also occurring in the wider society
  • “Throw open the windows of the church and let the fresh air of the Spirit blow through.” John XXIII 10/11/62
    • Spirit infuses the Church, the community of faith
    • The Church infuses the wider society
    • The Spirit at work in the hearts and lives of all peoples finds communion with the Spirit at work in the community of faith.

• 70s-80s
  • Individuals inquired and communities invited them
    • A forum for formation and spiritual development
    • Prayer & Spirituality
    • Mission & Service
    • Share in charism of communities and their celebrations
    • Commitment to spirituality and mission in a charism family
  • Individuals in association
    • Initial numbers small
    • Relationships meaningful
    • Participation in events of the community

• 90s-00s
  • Increasing numbers of Associates
  • Decreasing numbers of Sisters
  • Questions regarding participation
  • Questions about nature of association
  • Questions about the future of religious life
  • Varying understandings and practices among sisters and among associates
    • Prayer group
    • Relation to a sister or ministry
    • Future or successor to sisters
    • Greater involvement in sisters' community and governance
    • Deeper personal commitment to mission and charism
    • Desire by sisters for greater or lesser internal autonomy
    • Emerging sense of “autonomy in relationship”
  • Canonical concerns:
    • Autonomy of the community,
    • Rights of the sisters to have discussions
    • Issues of voting and 'second class' participants in community meetings
    • Differing understandings of appropriate boundaries

• 10s-20s…
  • Emerging notion of an Association
    • Individuals become members of an association
    • The Association develops its own leadership and governance
    • The Association develops its own identity and vocation
    • The Association develops its own sustainability and infrastructure
  • Relation to sisters
    • The two have their own 'center of gravity'.
      • Congregation has its own evolutionary journey
      • Association has its own evolutionary journey
    • The two come into relationship and collaborate
      • Joint committee for celebration of Patronal Feast
      • Joint committee for a mission project
      • Representatives at each others' major meetings (chapter)

• Canon 587: §1 To protect more faithfully the vocation and identity of each institute, the fundamental code or constitutions of the institute are to contain… basic norms about the governance of the institute, the life of the members, the admission and formation of members, and the proper object of the vows.
• Canon 623: For validity Superior must be finally professed member for a term determined in proper law.
• Canon 631§2 The composition of the general chapter and the limits of its powers are to be defined in the constitutions. Limited to professed sisters/brothers.

• A place at the table
• Equity at the table
• A table of our own with shared and distinct responsibilities for mission and charism

• Current reality
  • Within the civil structure of a religious community
  • Administration, budgeting, and finances
• A separate civil corporation for the Association
  • moving toward autonomy in relationship.
• Similar to sponsored ministries.
  • In the religious community's corporation
  • Separately incorporated.
  • Increasing autonomy
  • Long-term viability

• Canons 298 - 329 - possibilities
• Canon 298 §1 In the Church there are associations that are distinct from institutes of consecrated life and societies of apostolic life. In these associations, Christ's faithful, whether clerics or laity, or clerics and laity together, strive with a common effort to foster fullness of life, or to promote public worship or Christian teaching. They may also devote themselves to other works of the apostolate, such as initiatives for evangelization, works of piety or charity, and those which animate the temporal order with the Christian spirit.
• Canon 299 §1 By private agreement among themselves, Christ's faithful have the right to constitute associations for the purposes mentioned in can. 298 §1, without prejudice to the provisions of can. 301 §1.
  • E.g. St. Vincent de Paul examples
• Canon 301 §1 It is for the competent ecclesiastical authority alone to establish associations of Christ's faithful which intend to impart Christian teaching in the name of the Church or to promote public worship, or which are directed to other ends whose pursuit is of its nature reserved to the same ecclesiastical authority.
  • E.g. sponsoring Catholic Schools
• Canon 303 Associations whose members live on their own but share in the spirit of some religious institute, under the overall direction of the same institute, and who lead an apostolic life and strive for Christian perfection, are known as third orders, or are called by some other suitable title.