Seal of confession and child abuse

Abstract

The sexual abuse of minors, committed and/or covered-up by priests or members of the Catholic hierarchy, has led to legislative reforms in a number of states to prosecute the failure to report abuse of which priests become aware, including even via sacramental confession. This article aims to elucidate whether State regulations that oblige Catholic priests to break the seal of confession infringe on the right to religious freedom. To this end, the seal of confession, its legal nature and grounding are explored. The legal norms adopted in countries that have codified the mandatory reporting of abuse by the clergy are then analyzed to ascertain the legitimacy of restricting religious freedom by criminalizing the failure to report abuse even at the expense of breaking the seal of confession.