The inability of a child to thrive in a Constitutionally protected God based perpetual threat and rape culture is not a fault of the child; however it does become their odious responsibility upon reaching adulthood. The Christian religion at it's core is a toxic mechanism whereby intergenerational trauma has been kept alive, active and deeply embedded in each new generation over the past 2,000+ years.
PUBLISHED: January 27, 2024 2:46:12 AM UPDATED:
What would survivors of CSA by clergy need to get a human rights challenge mounted in the ICJ?
Bing, 2:38 AM
Hello, this is Bing. I searched the web and found some information on the topic of child sexual abuse (CSA) by clergy and the possibility of a human rights challenge in the International Court of Justice (ICJ). Based on these sources, I can provide some general information, but I cannot give any legal advice or opinion.
The ICJ is the principal judicial organ of the United Nations, and its main function is to settle legal disputes submitted by States and to give advisory opinions on legal questions referred by authorized UN organs and specialized agencies https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf. The ICJ can only deal with cases involving States, not individuals or other entities https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf. Therefore, survivors of CSA by clergy would need to have a State that is willing and able to bring a case against another State that is allegedly responsible for the violation of their human rights.
One possible basis for such a case could be the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), which defines genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group" and obliges States to prevent and punish genocide wherever it occurs https://link.springer.com/chapter/10.1057/978-1-137-45620-5_9. Both the applicant State and the respondent State would need to be parties to the Genocide Convention and to accept the jurisdiction of the ICJ for disputes arising from the interpretation, application or fulfilment of the Convention https://link.springer.com/chapter/10.1057/978-1-137-45620-5_9.
The applicant State would need to demonstrate that the acts of CSA by clergy constitute genocide under the definition of the Convention, and that the respondent State has failed to prevent or punish such acts, or has been complicit or involved in them. This would require a high standard of proof and evidence, as well as a clear identification of the protected group and the genocidal intent of the perpetrators https://www.routledge.com/Governing-Child-Abuse-Voices-and-Victimisation-The-Use-of-Public-Inquiry/Death/p/book/9780367228156. The applicant State would also need to show that it has a legal interest in the case, and that it has exhausted all other means of peaceful settlement of the dispute before resorting to the ICJ https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf.
If the applicant State succeeds in bringing a case to the ICJ, it could request the Court to issue provisional measures, or binding orders, to protect the rights of the survivors and to prevent further harm, pending the final decision of the Court https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf. The Court could also order the respondent State to provide reparations, such as restitution, compensation, or satisfaction, to the survivors or to the applicant State on their behalf https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf. However, the enforcement of the Court's decisions depends largely on the political will and cooperation of the States involved, as well as the support of the UN Security Council and the international community https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf.
I hope this information helps you with your research. If you want to learn more, you can read the full sources here https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf https://psychology.org.au/getmedia/c4d9a79f-e2ce-4d4a-8145-22b8401d2b15/child-sexual-abuse-in-the-general-community-and-clergy-perpetrated-child-sexual-abuse.pdf.pdf https://link.springer.com/chapter/10.1057/978-1-137-45620-5_9 https://www.routledge.com/Governing-Child-Abuse-Voices-and-Victimisation-The-Use-of-Public-Inquiry/Death/p/book/9780367228156 and here https://link.springer.com/chapter/10.1057/978-1-137-45620-5_9 or search the web with Bing. blush https://link.springer.com/chapter/10.1057/978-1-137-45620-5_9
What would survivors of CSA by clergy need to get a human rights challenge mounted in the ICJ?
Mounting a human rights challenge at the International Court of Justice (ICJ) for survivors of clergy sexual abuse (CSA) is a complex legal process that requires careful consideration of various factors. The ICJ is primarily a forum for states, not individuals, to resolve disputes, and its jurisdiction is typically limited to cases involving states rather than private parties or organizations like religious institutions. However, understanding the process and the challenges involved can help in exploring possible avenues for justice and advocacy.
Jurisdiction and Admissibility: The ICJ deals with cases between sovereign states, not private individuals or non-state entities. Therefore, for a case related to CSA by clergy to be brought before the ICJ, a state would need to bring the case against another state. This would require demonstrating that the actions of one state violate international law or treaties to which both states are parties.
State Participation: A state would need to be willing to bring the case to the ICJ. This requires significant political will and could involve diplomatic and international relations considerations.
Legal Basis: There must be a clear legal basis under international law for the case. This could involve treaties or international conventions that both states have ratified, such as the Convention on the Rights of the Child or conventions against torture and other forms of inhuman or degrading treatment.
Evidence and Documentation: Survivors and their advocates would need to gather substantial evidence to support the case. This includes documentation of the abuse, its impact, any state involvement or failure to act, and the violation of international laws or treaties.
Advocacy and Support: Building a strong advocacy network is crucial. This might involve working with human rights organizations, legal experts in international law, and other states sympathetic to the cause.
Alternative International Forums: Given the limitations of the ICJ for individual cases, exploring other international forums might be more feasible. This includes bodies like the International Criminal Court (ICC), the European Court of Human Rights (ECHR), or United Nations committees and special rapporteurs that deal with human rights issues.
Awareness and Public Support: Generating public awareness and support can be crucial in creating the political and social pressure needed for a state to take a case to the ICJ or for other international bodies to act.
Legal Representation and Expertise: Engaging lawyers and experts with experience in international law and human rights cases is essential for navigating the complexities of international legal proceedings.
Financial and Emotional Resources: Pursuing international justice can be a long and expensive process. Ensuring adequate financial resources and support systems for the emotional toll on survivors is important.
Understanding Limitations and Challenges: It's vital to recognize the challenges and limitations of seeking justice through the ICJ or other international legal bodies, including potential political and legal obstacles.
For survivors of CSA by clergy, pursuing justice at an international level involves navigating complex legal, political, and diplomatic landscapes. It's often a multifaceted approach that goes beyond legal avenues, encompassing advocacy, public awareness, and support systems for survivors.
The Reality Field Guide for Constitutional Change#JusticeReformed
Conflict of Interest: When an institution is both the alleged perpetrator of harm and the provider of care to the victims of that harm, there is a clear conflict of interest. This can undermine the trust in the care provided and potentially re-traumatize individuals seeking support.
Moral and Ethical Considerations: There is a moral and ethical imperative for care providers to act in the best interests of their clients. When the care provider is associated with the source of trauma, this can be compromised. Survivors might feel pressured to forgive or reconcile, which can impede their healing process.
Secular Society and Human Rights: In a secular society that upholds human rights, it's crucial that victims of abuse receive impartial and unbiased support. This includes access to services that are independent of the institutions involved in their trauma.
Legal and Human Rights Obligations: There may also be legal and human rights obligations to consider. It's important that survivors have access to justice and reparations, which can be hindered by conflicts of interest.
Transparency and Accountability: There needs to be transparency and accountability in how these institutions handle allegations of abuse and provide support to victims. Without this, there is a risk of perpetuating abuse and obstructing justice.
In light of these issues, it may be more appropriate for independent organizations, unaffiliated with any religious institution, to provide medical and mental health services to survivors of abuse. This would help to ensure that the care provided is free from conflicts of interest and aligned with the best interests of the survivors.
It's also important for secular societies to critically evaluate the role of religious institutions in public life, especially when it comes to issues of health and welfare, to ensure that human rights are respected and upheld.
2023 Findings in Spain found that 0.6% of the population of Spain had been sexually abused by Roman Catholic priests and laity. Being a 2024 Catholic in today's real world
Current world population is 8 billion - 0.6% = 48 million alive today who are likely to have been raped by Catholics globally.
"This is a matter for the church and I respect the internal judgements of the church. I don't stand outside the church and provide them with public lectures in terms of how they should behave. I've noted carefully what his Holiness has said in the United States. Obviously that was a source of great comfort and healing in the United States. I'm like all Australians very much looking forward to what the Pope has to say here in Australia as well, as I am to my own conversation with the Pope later this morning." Kevin Rudd, Prime Minister of Australia, 17 July 2008. more
If you found this information to be of assistance please don't forget to donate so that we can extend these information pages which are focused on providing knowledge and information to survivor/victims on their Human Rights with justice, compassion and empathy at the fore along with sound knowledge of Human Biology and Psychology, Human Evolution and Neuroscience. Information is not provided as legal or professional advice; it is provided as general information only and requires that you validate any information via your own legal or other professional service providers.
Wednesday, 22 June 2022 - I may not have this down syntax, word and letter perfect or with
absolute precision in every aspect; however time and the evidence will show that I am closer to the truth than
any religion has been or will likely be.
Let history be the standard by which that is measured.
Youtube - listen to Commissioner Bob
Atkinson get it wrong - again
The Commissioner informs us that the clergy sexual abuse issue was all over and that it had only been a small statistical glitch around the year 2000. History shows this to have been a display of absolute ignorance on the issue ...
Makarrata : a better future for our children based on justice and self-determination. The Uluru Statement from the Heart. See Yours, mine and Australia's children. I acknowledge the Traditional People and their Ownership of Australia.
Hegemony: The authority, dominance, and influence of one group, nation, or society over another group, nation, or society; typically through cultural, economic, or political means..
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2024 is the year of Survivor's High Court challenge of the legitimacy of the Catholic Church and its religion on the basis of its primary allegiance and obedience to a foreign state.