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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 is kept alive, active and deeply embedded in each new generation as it has done over the past 2,000+ years.

#FAQyMeGene The FAQyMe gene #820

RFG: Foreign State Immunity, Personal Injury and more

PUBLISHED: March 7, 2024 11:28:07 AM UPDATED: March 27, 2024 9:35:55 PM

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 13

The concept revolves around the legal principle of "foreign state immunity," which is a rule that prevents foreign countries (and their agencies and instrumentalities) from being sued in another country's courts, with certain exceptions. This principle is codified in laws like Australia's Foreign States Immunities Act 1985 and the United States' Foreign Sovereign Immunities Act.

What is Foreign State Immunity?

Foreign state immunity means that foreign governments are generally protected from being sued in the courts of another country. This is based on the principle of sovereign equality among states, which is a cornerstone of international law. Essentially, it's a way of respecting the sovereignty of other nations by not subjecting them to the jurisdiction of foreign courts.

Exceptions to the Rule:

While the general rule is immunity, there are exceptions where foreign states can be sued:

Commercial Activities: A foreign state can be sued for actions that are part of its commercial, as opposed to its sovereign, activities. Personal Injury: If the foreign state's actions cause death or personal injury within the country where the lawsuit is filed, due to negligence, they can be sued.

[QUERY 1: Define sovereign, activities in relation to the Vatican.
Sovereign activities in relation to the Vatican refer to those actions or functions that pertain to its status as an independent sovereign entity. In the case of the Vatican, as the spiritual and administrative center of the Roman Catholic Church and a recognized sovereign state, sovereign activities would include those related to its governance, diplomacy, religious functions, and the exercise of its legal authority within its territory. This might involve matters such as the administration of Vatican City, diplomatic relations with other states, the promulgation of laws and regulations, and the operation of its various institutions, including the Roman Catholic Church and the Holy See. ]

Property and Contract Disputes: Disputes involving property located in the country filing the lawsuit or contracts that the foreign state has entered into can sometimes lead to litigation against the foreign state.

[QUERY 2: Ownership eg Srs of Mercy are place holder/proxies of the catholic church when it comes to properties owned by the Roman Catholic Church.
Regarding ownership of properties by the Roman Catholic Church, it's important to understand that the Church often holds property through various entities, including religious orders, dioceses, and other affiliated organizations. In many cases, religious orders like the Sisters of Mercy may hold property as trustees or proxies for the Church. This means that while the Sisters of Mercy may have legal ownership or control over certain properties, they do so on behalf of the Church, and the ultimate authority and ownership reside with the Roman Catholic Church itself. This arrangement allows for the effective management and administration of the Church's extensive real estate holdings worldwide. ]

The Case Mentioned:

[QUERY 3: The status of the Vatican as a sovereign state - in this instance the Vatican, Personal Injury due to their negligence.
The Vatican City State is recognized as a sovereign entity under international law. It functions as the spiritual and administrative center of the Roman Catholic Church and is governed by the Pope, who serves as the head of state. As a sovereign state, the Vatican enjoys certain rights and privileges, including the capacity to enter into diplomatic relations, issue its own laws, and maintain its own legal system.

In the instance of personal injury due to negligence, if the negligence occurs within the territory of Vatican City and involves actions or omissions attributable to the Vatican or its officials, there could potentially be legal recourse within the Vatican's legal system. However, the specifics of jurisdiction, liability, and remedies would depend on the applicable laws and procedures within Vatican City.
]

[QUERY 4: Describe KoS special ecclesiastical approval.
The Knights of the Southern Cross (KoS) is a Catholic lay organization that operates in various parts of Australia. The document provided indicates that the Knights of the Southern Cross have received official accreditation from the Vatican as a Catholic lay organization. This accreditation likely involves recognition by the Vatican authorities of the KoS's adherence to Catholic teachings, its organizational structure, and its mission within the Church. ]

[special ecclesiastical approval
This special ecclesiastical approval signifies that the Knights of the Southern Cross have been recognized by the Vatican as a legitimate and officially sanctioned Catholic organization. It may confer certain privileges or responsibilities within the Church and could involve endorsement or support from Church authorities. Such recognition underscores the KoS's role within the Catholic community and its commitment to promoting the Church's values and objectives.]

https://www.thecourier.com.au/story/597572/no-regrets-after-37-years/ Ballarat Police Superintendent Paul Murnane

https://olmcsunbury.files.wordpress.com/2012/06/knights-brochure.pdf -- Knights of the Southern Cross officially accredited by the Vatican as a Catholic Lay Organisation.

The case mentioned involves an attempt to sue a foreign state (or an entity associated with it) more than once over the same or related issues. The court's decision to reject the second case could be based on several legal principles, including:

The Principle of Finality: Once a case is decided, it's generally considered final, preventing the same parties from litigating the same issue again.

Specific Limitations under Foreign State Immunity Laws: The laws may specifically limit the circumstances or the number of times a foreign state can be sued for the same issue.

Understanding the Decision:

The decision to reject the second case likely involves complex legal reasoning, including interpretations of the specific exemptions to immunity, the nature of the claims, and possibly the principle of res judicata (the matter has already been judged). Courts often have to balance respecting the sovereignty of foreign nations with the rights of individuals to seek redress for wrongs.

Impact on Similar Cases:

Cases involving allegations of abuse by organizations with international ties, such as religious institutions, can be particularly complex. These cases may involve navigating the intricacies of foreign state immunity, especially when trying to hold a foreign entity accountable in a domestic court. The outcome of such cases can set precedents and influence how similar cases are approached in the future.

In summary, the principle of foreign state immunity provides foreign nations with broad protection from being sued in other nations' courts, but there are exceptions. Understanding the specifics of these exceptions and how they apply to individual cases requires navigating a complex interplay of domestic and international law.


Seeded

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 13 after a recent case in the US where the claimants second case was rejected and in the 35 page decision the nub of that appears that they were rejected because they were only allowed to sue them just the one time.

FOREIGN STATES IMMUNITIES ACT 1985

In accordance with the Act, foreign states will not be granted immunity in certain cases. These include cases involving:
commercial transactions
contracts of employment
personal injury and possession use of property.


An Act to define the jurisdiction of United States courts in suits against foreign states, the circumstances in which foreign states are immune from suit and in which execution may not be levied on their property, and for other purposes.

The Guam District Court found that the Holy See is absolved of certain responsibilities by the Foreign Sovereign Immunities Act.

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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.

The church protected the perpetrators, not the victims

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"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.

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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.

   #FAQyMe      #FAQyMeGene      trauma informed     human rights     justice     failed institutions     UN Convention on Human Rights     Rights of the Child and a Bill of Rights for Australia     future     evidence     resilience     not providing or representing a secular Australia      autodidact     religion     human rights     rights of the child     justice for survivors of abuse by religious     #RFG Reality Field Guide for Constitutional Change      #ECRAL      Empowering Communities through Rights and Active Legislation     Constitutional Reform     human rights     Living Constitution     Constitution Field Guide      Australian Constitutional Evolution Council (ACEC)   

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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