The church, especially through the Second Vatican Council, has declared that all people have certain duties and rights that are universal and inviolable. This has been demonstrated in various documents, especially in the pastoral constitution “Gaudium et spes.”

After the council, as church legal experts proposed drafts for a new Code of Canon Law, it was suggested that the code include a fundamental law of the church, a “bill of rights.” Late in the revision process, it was decided not to include this fundamental law. However, 14 of the proposed duties and rights were then transferred—and later expanded—as the opening section of “Book Two, The People of God.” As a result, the 1983 Code (which governs the Latin Church) lists 18 norms that many canon lawyers refer to as “constitutional” or “fundamental.”

The rights and duties pertain to all people, regardless of their position in the church. This represents a significant innovation in church law.

These rights and responsibilities encode such truths as the equality of all believers, the duty to maintain communion with the church, the call to holiness, the responsibility to participate in the mission of the church. Additionally, there are other rights detailed: to Christian education, to make known one’s needs and hopes, to establish associations, to academic freedom, to a good reputation and to protect one’s privacy, as well as the freedom from coercion in choosing one’s vocation.

In addition, the code lists duties and rights specific to particular groups, for instance, duties and rights pertaining to married persons as well as parents, those involved in liturgies, etc. Some duties and rights pertain specifically to the clergy, such as those that concern each cleric’s personal development and manner of living. For example, clergy are obliged to pursue holiness. Priests are prohibited from having an active role in political parties. Deacons, though they are clergy, are exempt from this political prohibition. Additionally, there are norms concerning members of religious institutes, who also have their own particular laws that supplement and clarify the universal law.

Furthermore, the code includes various procedural rights, such as the rights to be consulted and to give consent, to know what one is accused of, and to defend oneself in the face of accusations.

As in any society, rights have limits. Rights exist in correlation to legal duties. Accordingly, members of the faithful must take into consideration the common good of the church and others when they exercise their rights (as expressed in Canon 223).

Moreover, those individuals who have authority in the church can legitimately regulate the exercise of rights because of concern for the common good. Those who are in authority, of course, are expected to promote the understanding of these duties and rights.

The code establishes parameters.

For example, some canons include phrases such as “…according to one’s proper condition and role,” and “… taking into account the integrity of faith and morals” and “… preserving due reverence for the magisterium.”

In addition the pope, in his official role as “Legislator of the Church,” has the authority to provide direction concerning the exercise of rights. This is different from the tradition of common law, which to some extent presumes that the courts are responsible for determining when one person’s rights end and when another person’s rights begin.

But how does the church balance such competing rights?

A good example is a canon (Canon 220) which declares that everyone has the right to a good reputation as well as the right to safeguard one’s privacy. In order to protect the members of the church, candidates for seminary and religious life are asked to provide information about many intimate aspects of their lives.

Some of the questions may seem intrusive, but because of concern for the common good, they are legitimate. However, the distribution of such information is very restricted; it is disseminated only when an individual gives consent. It is noteworthy that the scope of this norm seems to be expanding into many other areas of church life, such as sacramental records, personnel files, and selection of bishops.

It’s always good to remember that the rights of individuals are exercised with concern for the common good as well as the rights of others, which means that the church—through the Code—often faces the challenging task of balancing competing rights. Overall, the Code reflects the Church’s respect for each person’s inviolable human dignity.

Bradley is a judge in the Metropolitan Tribunal of the Archdiocese of Chicago.

Understanding Canon Law:
Feb. 16 Defining authority and structure in the church
Feb. 2 A trial for a crime in the courts of the church
Jan. 19 The church conducts trials?
Jan. 5 Sacraments and the rights of the faithful
Dec. 22 The church’s listing of rights and duties for everyone
Dec. 8 Guiding the gifts of the Spirit