Human rights, human needs : an unfinished agenda /ftcrhctf nx/sHM /tAZV-^3> HUMAN RIGHTS HUMAN NEEDS AN UNFINISHED AGENDA ®W&*6S iMMtY VV&VgAH »u# g* MOTW **«* • uer -sy FES 0 1 1979 Digitized by the Internet Archive in 2016 https://archive.org/details/humanrightshumanOOunse HUMAN RIGHTS HUMAN NEEDS —AN UNFINISHED AGENDA CONTENTS Introduction 2 I. What Are Human Rights? 3 The Catholic Tradition 3 The United Nations Tradition 6 II. Why Is The Church Involved? 19 III. What Can You Do? 25 Be Informed 25 Be Involved 27 Resources/Organizations 31 INTRODUCTION The tradition of Catholic social teaching is clear and em- phatic in calling the community to do justice. It is also consistent in linking justice to the protection of human rights and the satisfaction of human needs on the local, national and international level. To do justice, the Christian community must be both informed and effective. This study booklet is designed to assist persons and groups • to expand their understanding of human rights; • to identify themselves with the Catholic tradition; • to focus more effectively on the promotion and pro- tection of those rights in the local, national and inter- national community. The study plan focuses on three questions: • What are human rights? — uses the Catholic and United Nations human rights traditions • Why is the Church involved? — explores the concept and implications of the min- istry for justice • What can you do? — suggests issue areas and organizations that will involve you in the work for justice. Patricia L. Rengel Coordinator of Human Rights Issues Deactdftfed 2 WHAT ARE HUMAN RIGHTS? The Catholic Tradition The following list of rights and duties is taken from the encyclical on the social order issued by Pope John XXIII in 1963. The encyclical is entitled Pacem in Terris (Peace on Earth). Catholic social teaching perceives the human rights enumerated here as flowing from the nature of the human person, who is created in the image and likeness of God, and therefore possesses a dignity and a destiny which transcends his or her earthly life. The right to life and a worthy standard of living 1 1 . Beginning our discussion of the rights of the human person, we see that every person has the right to life, to bodily integrity, and to the means which are suitable for the proper development of life; these are primarily food, clothing, shelter, rest, medical care, and finally the neces- sary social services. Therefore a human being also has the right to security in cases of sickness, inability to work, widowhood, old age, unemployment, or in any other case in which he/she* is deprived of the means of subsistence through no fault of his/her own. Rights pertaining to moral and cultural values 12. By the natural law every human being has the right to respect for his/her person, to his/her good reputation; the right to freedom in searching for truth and in express- ing and communicating his/her opinions, and in pursuit of art, within the limits laid down by the moral order and the common good; and he/she has the right to be informed truthfully about public events. 13. The natural law also gives every human being the right to share in the benefits of culture, and therefore the right to a basic education and to technical and professional training in keeping with the stage of educational develop- ment in the country to which he/she belongs. Every effort should be made to ensure that persons be enabled, on the basis of merit, to go on to higher studies, so that, as far as possible, they may occupy posts and take on responsi- bilities in human society in accordance with their natural gifts and the skills they have acquired. The right to worship God according to one's conscience 14. This too must be listed among the rights of a human being, to honor God according to the sincere dictates of his/her own conscience, and therefore the right to practice his/her religion privately and publicly. . . . The right to choose freely one's state of life 15. Human beings have the right to choose freely the state of life which they prefer, and therefore the right to set up a family, with equal rights and duties for man and woman, and also the right to follow a vocation to the priesthood or the religious life. 16. The family, grounded on marriage freely contracted, monogamous and indissoluble, is and must be considered the first and essential cell of human society. From this it follows that most careful provision must be made for the family both in economic and social matters as well as in those which are of a cultural and moral nature, all of which look to the strengthening of the family and helping it carry „ out its function. 17. Parents, however, have a prior right in the support and education of their children. Economic rights 18. If we turn our attention to the economic sphere it is clear that every human being has a right by the natural law not only to an opportunity to work, but also to go about his/her work without coercion. 19. To these rights is certainly joined the right to de- mand working conditions in which physical health is not endangered, morals are safeguarded, and young people's normal development is not impaired. Women have the right to working conditions in accordance with their re- quirements and their duties as wives and mothers. 20. From the dignity of the human person, there also arises the right to carry on economic activities according to the degree of responsibility of which one is capable. Furthermore— and this must be specially emphasized— the worker has a right to a wage determined according to criterions of justice, and sufficient, therefore, in proportion to the available resources, to give the worker and his/her The female pronoun has been added in the spirit of equality. 3 family a standard of living in keeping with the dignity of the human person. . . . 21. The right to private property, even of productive goods, also derives from human nature. This right, as We have elsewhere declared, is an effective means for safeguard- ing the dignity of the human person and for the exercise of responsibility in all fields; it strengthens and gives serenity to family life, thereby increasing the peace and prosperity of the state. 22. However, it is opportune to point out that there is a social duty essentially inherent in the right of private property. The right of meeting and association 23. From the fact that human beings are by nature social, there arises the right of assembly and association. They have also the right to give the societies of which they are members the form they consider most suitable for the aim they have in view, and to act within such societies on their own initiative and on their own responsibility in order to achieve their desired objectives. 24. And, as We Ourselves in the encyclical Mater et Magistra have strongly urged, it is by all means necessary that a great variety of organizations and intermediate groups be established which are capable of achieving a goal which an individual cannot effectively attain by one- self. These societies and organizations must be considered the indispensable means to safeguard the dignity of the human person and freedom while leaving intact a sense of responsibility. The right to emigrate and immigrate 25. Every human being has the right to freedom of movement and of residence within the confines of his/her own country; and, when there are just reasons for it, the right to emigrate to other countries and take up residence there. The fact that one is a citizen of a particular state does not detract in any way from his/her membership in the human family as a whole, nor from his/her citizenship in the world community. Political rights 26. The dignity of the human person involves the right to take an active part in public affairs and to contribute one's part to the common good of the citizens. For, as Pius XII pointed out: The human individual, far from being an object and, as it were, a merely passive element in the social order, is in fact, must be and must continue to be, its subject, its foundation and its end. 27 '. The human person is also entitled to a juridical protection of his/her rights, a protection that should be efficacious, impartial and inspired by the true norms of justice. As Pius XII teaches: That perpetual privilege proper to the human person by which every individual has a claim to the protection of his/her rights, and by which there is assigned to each a definite and particular sphere of rights, immune from all arbitrary attacks, is the logical consequence of the order of justice willed by God. Rights and duties necessarily linked in the one person 28. The natural rights with whichWe have been dealing are, however, inseparably connected, in the very person who is their subject, with just as many respective duties; and rights as well as duties find their source, their suste- nance and their inviolability in the natural law which grants or enjoins them. 29. Therefore, to cite a few examples, the right of every human being to life is correlative with the duty to preserve it; his/her right to a decent standard of living with the duty of living it becomingly; and his/her right to investigate the truth freely, with the duty of seeking it ever more completely and profoundly. Reciprocity of rights and duties between persons 30. Once this is admitted, it also follows that in human society to one person's right there corresponds a duty in all other persons: the duty, namely, of acknowledging and respecting the right in question. For every fundamental human right draws its indestructible moral force from the natural law, which in granting it imposes a corresponding obligation. Those, therefore, who claim their own rights, yet altogether forget or neglect to carry out their respective duties, are people who build with one hand and destroy with the other. 4 Mutual collaboration 31. Since human beings are social by nature they are meant to live with others and to work for one another's welfare. A well-ordered human society requires that per- sons recognize and observe their mutual rights and duties. It also demands that each contribute generously to the establishment of a civic order in which rights and duties are more sincerely and effectively acknowledged and ful- filled. 32. It is not enough, for example, to acknowledge and respect every one's right to the means of subsistence if we do not strive to the best of our ability for a sufficient supply of what is necessary for his/her sustenance. 33. Human society must not only be organized but must also provide its members with abundant resources. This certainly requires that they observe and recognize their mutual rights and duties; it also requires that they collaborate in the many enterprises that modem civiliza- tion either allows or encourages or even demands. • • • Characteristics of the present day 39. Our age has three distinctive characteristics. 40. First of all, the working classes have gradually gained ground in economic and public affairs. They began by claiming their rights in the socio-economic sphere; they extended their action then to claims on the political level, and finally applied themselves to the acquisition of the benefits of a more refined culture. Today, therefore, work- ers all over the world refuse to be treated as if they were irrational objects without freedom, to be used at the arbi- trary disposition of others. They insist that they be always regarded as men and women with a share in every sector of human society: in the social and economic sphere, in the fields of learning and culture, and in public life. 41. Secondly, it is obvious to everyone that women are now taking a part in public life. This is happening more rapidly perhaps in nations of Christian civilization, and, more slowly but broadly, among peoples who have inher- ited other traditions or cultures. Since women are becom- ing ever more conscious of their human dignity, they will not tolerate being treated as mere material instruments, but demand rights befitting a human person both in domestic and in public life. 42. Finally, in the modem world human society has taken on an entirely new appearance in the field of social and political life. For since all nations have either achieved or are on the way to achieving independence, there will soon no longer exist a world divided into nations that rule others and nations that are subject to others. 43. Men and women all over the world have today— or will soon have— the rank of citizens in independent na- tions. No one wants to feel subject to political powers located outside his/her own country or ethnical group. Thus in very many human beings the inferiority complex which endured for hundreds and thousands of years is disappearing, while in others there is an attenuation and gradual fading of the corresponding superiority complex which had its roots in social-economic privileges, sex or political standing. 44. On the contrary, the conviction that all human beings are equal by reason of their natural dignity has been generally accepted. Hence racial discrimination can in no way be justified, at least doctrinally or in theory. And this is of fundamental importance and significance for the formation of human society according to those principles which We have outlined above. For, if a person becomes conscious of his/her rights, he/she must become equally aware of his/her duties. Thus one who possesses certain rights has likewise the duty to claim those rights as marks of his/her dignity, while all others have the obligation to acknowledge those rights and respect them. • • • Responsibilities of the public authority, and rights and duties of individuals 60. It is agreed that in our time the common good is chiefly guaranteed when personal rights and duties are maintained. The chief concern of civil authorities must therefore be to ensure that these rights are acknowledged, respected, coordinated with other rights, defended and promoted, so that in this way each one may more easily carry out his/her duties. For to safeguard the inviolable rights of the human person, and to facilitate the fulfillment of his/her duties, should be the chief duty of every public authority. 5 The United Nations Tradition 61. This means that, if any government does not ac- knowledge the rights of the human being or violates them, it not only fails in its duty, but its orders completely lack juridical force. Nations as subjects of rights and duties 80. Our Predecessors have constantly maintained, and We join them in reasserting, that nations are reciprocally subjects of rights and duties. This means that their rela- tionships also must be harmonized in truth, in justice, in a working solidarity, in liberty. The same natural law, which governs relations between individual human be- ings, serves also to regulate the relations of nations with one another. • • • 86. First among the rules governing the relations be- tween states is that of truth. This calls, above all, for the elimination of every trace of racism, and the consequent recognition of the principle that all states are by nature equal in dignity. Each of them accordingly is vested with the right to existence, to self-development, to the means fitting to its attainment, and to be the one primarily respon- sible for this self-development. Add to that the right of each to its good name, and to the respect which is its due. The United Nations human rights tradition is likewise founded in a conception that the protection and promotion of human rights are necessary to ensure human dignity, necessary to preserve peace among peoples. The U.N. Covenant on Civil and Political Rights and the U.N. Cov- enant on Economic, Social and Cultural Rights stand as the most comprehensive international effort to establish a common minimum standard for human rights. They were adopted by the U.N. General Assembly in 1966 (three years after Pacem in Terris). Since their adoption, over forty nations have bound themselves to abide by the covenants which came into force in 1976. The United States as yet has not bound itself, although President Carter in April 1977 signed the cove- nants with a promise to seek their ratification. (U. S. ratifi- cation can only be accomplished if two thirds of the U. S. Senate agree.) Archbishop Joseph L. Bemardin, then president of the National Conference of Catholic Bishops, again expressed the support of the Catholic bishops for ratification of the covenants. Further, speaking for the bishops, he said: For our part, we pledge to continue speaking out on behalf of human rights whenever they are violated at home or abroad. We will do all we can to convince our members that they should be in the forefront of those speaking in defense of and acting for the fulfillment of the rights of men and women at the local, national and international level. Through the policies and pro- grams the Church sponsors and supports in society we will continue to reflect our commitment to these goals. The following materials list the rights as they are enumerated in these covenants. The procedural sections of the covenants have been omitted. International Covenant on Economic, Social and Cultural Rights The States Parties to the present Covenant, Considering that, in accordance with the principles pro- claimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the founda- tion of freedom, justice and peace in the world. 6 Recognizing that these rights derive from the inherent dignity of the human person. Recognizing that, in accordance with the Universal Dec- laration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his/ her* economic, social and cultural rights, as well as his/her civil and political rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms. Realizing that the individual, having duties to other individuals and to the community to which he/she be- longs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles: PARTI Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co- operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non- Self-Goveming and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. PART II Article 2 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assist- ance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Cove- nant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. Article 3 The States Parties to the present Covenant undertake to ensure the equal right ofmen and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 4 The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may sub- ject such rights only to such limitations as are determined by law only insofar as this may be compatible with the nature of these rights and solely for the purpose of pro- moting the general welfare in a democratic society. *The female pronoun has been added in the spirit of equality. 7 Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. 2. No restriction upon or derogation from any of the fun- damental human rights recognized or existing in any country in virtue of law, conventions, regulations or cus- tom shall be admitted on the pretext that the present Cov- enant does not recognize such rights or that it recognizes them to a lesser extent. PART III Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his/her living by work which he/ she freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their fami- lies in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his/her employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remu- neration for public holidays. Article 8 1. The States Parties to the present Covenant undertake to ensure: (a) The right of everyone to form trade unions and join the trade union of his/her choice, subject only to the rules of the organization concerned, for the promotion and pro- tection of his/her economic and social interests. No re- strictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; (b) The right of trade unions to establish national fed- erations or confederations and the right of the latter to form or join international trade-union organizations; ( c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; (d) The right to strike, provided that it is exercised in conformity with the laws of the particular country. 2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State. 8 9 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention. Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social in- surance. Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fun- damental group unit of society, particularly for its estab- lishment and while it is responsible for the care and edu- cation of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers dur- ing a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 3. Special measures of protection and assistance should be taken on behalf of all children and young persons with- out any discrimination for reasons of parentage or other conditions. Children and young persons should be pro- tected from economic and social exploitation. Their em- ployment in work harmful to their morals or health or dangerous to life or likely to hamper their normal develop- ment should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law. Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for oneself and one's family, including adequate food, cloth- ing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co- operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co- operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reform- ing agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-im- porting and food-exporting countries, to ensure an equi- table distribution of world food supplies in relation to need. Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest at- tainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth- rate and of infant mortality and for the healthy develop- ment of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness. 10 Article 13 1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that educa- tion shall be directed to the full development of the human personality and the sense of its dignity, and shall strength- en the respect for human rights and fundamental free- doms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. 2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and avail- able free to all; (b) Secondary education in its different forms, includ- ing technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education; (d) Fundamental education shall be encouraged or in- tensified as far as possible for those persons who have not received or completed the whole period of their primary education; (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teach- ing staff shall be continuously improved. 3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when appli- cable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to en- sure the religious and moral education of their children in conformity with their own convictions. 4. No part of this article shall be construed so as to inter- fere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum stand- ards as may be laid down by the State. Article 14 Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its juris- diction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a de- tailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all. Article 15 1. The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he/she is the author. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the develop- ment and the diffusion of science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and devel- opment of international contacts and co-operation in the scientific and cultural fields. 11 12 International Covenant on Civil and Political Rights The States Parties to the present Covenant, Considering that, in accordance with the principles pro- claimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Recognizing that these rights derive from the inherent dignity of the human person. Recognizing that, in accordance with the Universal Dec- laration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his/her civil and political rights, as well as his/her economic, social and cultural rights. Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms. Realizing that the individual, having duties to other individuals and to the community to which he/she be- longs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles: PART I Article 1 1. All peoples have the right of self-determination. By vir- tue of that right they freely determine their political status and freely pursue their economic, and social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co- operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non- Self-Goveming and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. PART II Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Cove- nant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been com- mitted by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his/her right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall en- force such remedies when granted. Article 3 The States Parties to the present Covenant undertake to ensure the equal right ofmen and women to the enjoyment of all civil and political rights set forth in the present Covenant. 13 Article 4 1. In time of public emergency which threatens the life of the nation and the existence of which is officially pro- claimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Na- tions, of the provisions from which it has derogated and of the reasons by which it was actuated. A further com- munication shall be made, through the same intermediary, on the date on which it terminates such derogation. Article 5 1 . Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to en- gage in any activity or perform any act aimed at the de- struction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is pro- vided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or exist- ing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. PART III Article 6 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his/her life. 2. In countries which have not abolished the death pen- alty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Geno- cide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of geno- cide, it is understood that nothing in this article shall au- thorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provi- sions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes com- mitted by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant. Article 7 No one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his/her free consent to medical or scientific experimentation. 14 Article 8 1. No one shall be held in slavery; slavery and the slave- trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No one shall be required to perform forced or com- pulsory labour; (b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in sub- para- graph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in coun- tries where conscientious objection is recognized, any national service required by law of conscien- tious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations. Article 9 1. Everyone has the right to liberty and security of per- son. No one shall be subjected to arbitrary arrest or deten- tion. No one shall be deprived of his/her liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of any charges against him/her. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer au- thorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execu- tion of the judgement. 4. Anyone who is deprived of his/her liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his/her detention and order his/her re- lease if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circum- stances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their refor- mation and social rehabilitation, juvenile offenders shall be segregated from adults and be accorded treatment ap- propriate to their age and legal status. Article 11 No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation. Article 12 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his/her residence. 2. Everyone shall be free to leave any country, including his/her own. 15 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the pres- ent Covenant. 4. No one shall be arbitrarily deprived of the right to enter his/her own country. Article 13 An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pur- suance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his/her expulsion and to have his/her case re- viewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority. Article 14 1. All persons shall be equal before the courts and tribu- nals. In the determination of any criminal charge against him/her, or of his/her rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal estab- lished by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opin- ion of the court in special circumstances where publicity would prejudice the interests of justice; but any judg- ment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty accord- ing to law. 3. In the determination of any criminal charge against him/her, everyone shall be entitled to the following mini- mum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he/she understands of the nature and cause of the charge against him/her; (b) To have adequate time and facilities for the prepa- ration of his/her defence and to communicate with coun- sel of his/her own choosing; (c) To be tried without undue delay; (d) To be tried in his/her presence, and to defend him/herself in person or through legal assistance of his/her own choosing; to be informed, if he/she does not have legal assistance, of this right; and to have legal assistance as- signed to him/her, in any case where the interests of justice so require, and without payment by him/her in any such case if he/she does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him/her and to obtain the attendance and examina- tion of witnesses on his/her behalf under the same condi- tions as witnesses against him/her; (f) To have the free assistance of an interpreter if he/she cannot understand or speak the language used in court; (g) Not to be compelled to testify against him/herself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his/her conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his/her con- viction has been reversed or he/she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him/her. 7. No one shall be liable to be tried or punished again for an offence for which he/she has already been finally con- victed or acquitted in accordance with the law and penal procedure of each country. 16 Article 15 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier pen- alty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subse- quent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall prejudice the trial and pun- ishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. Article 16 Everyone shall have the right to recognition everywhere as a person before the law. Article 17 1. No one shall be subjected to arbitrary or unlawful inter- ference with his/her privacy, family, home or correspond- ence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. Article 18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his/her choice, and freedom, either individually or in community with others and in public or private, to manifest his/her religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would im- pair his/her freedom to have or to adopt a religion or belief of his/her choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applica- ble, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his/her choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibil- ities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order, or of public health or morals. Article 20 1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or vio- lence shall be prohibited by law. 17 Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the pro- tection of public health or morals or the protection of the rights and freedoms of others. Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his/her interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the pro- tection of public health or morals or the protection of the rights and freedoms of others. This article shall not pre- vent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to preju- dice, the guarantees provided for in that Convention. Article 23 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized. 3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenant shall take appro- priate steps to ensure equality of rights and responsibil- ities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his/her status as a minor, on the part of his/her family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality. Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2, and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elec- tions which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free ex- pression of the will of the electors; (c) To have access, on general terms of equality, to public service in his/her country. Article 26 All persons are equal before the law and are entitled with- out any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 27 In those States in which ethnic, religious or linguistic mi- norities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to pro- fess and practise their own religion, or to use their own language. 18 WHY IS THE CHURCH INVOLVED? Introduction Following the mandate of Christ to "preach the Good News to all nations," the Church cannot but concern itself with that "Good News" as it applies to the human situa- tion here and now, that is, with the social welfare of all men and women. The Gospel holds out to all people the hope of a destiny beyond this life, but a destiny intimately connected with the hopes and disappointments, joys and sorrows, successes and failures of the present human con- dition. Eternal life as the final end of human beings has little meaning without concern for its initial stage, the here and now. Secondly, the Church, in its mission to preach the Good News, can shed light on the issues facing contemporary men and women. In every age the Church has been a prophetic voice which announced and celebrated the pro- motion of human beings, and which denounced whatever stood in the way of integral human development. This light, provided by the Church, has been a spur and chal- lenge to men and women of good will in resolving the problems of the human condition. Finally, in its preaching the Church has served as a teacher to its members, insisting always that the love of God cannot be separated from the love of one's fellow human beings, and further that on this earth love is intb mately linked to justice. This social doctrine has been the basis of Christian concern for all people, but especially for the needy, throughout the history of Christianity. In our own times, the social doctrine of the Church has emerged more clearly than at any other period with a focus on the ministry for justice. What is meant by the term "ministry for justice"? What is its relationship to human rights/needs? In simple terms, the ministry for justice is the attempt in the Church to apply the Gospel command of love through the virtue of social justice to complex human relationships. Justice me- diates love in the context of human relationships dealing with human rights, human dignity and social systems. Social justice is the virtue which governs, judges and guides the evaluation of social structures and institutions. Since human rights, which protect the human dignity (the imago Dei) of each person, are threatened or fostered, de- prived or fulfilled, by the shape and style of social systems and structures, it has been imperative for the Church to develop in this century a teaching on social justice which can analyze the implications of the command of love in a social structural setting. Three dimensions of the ministry for justice require reflection: its foundation in our under- standing of Church, its personal or vocational implications and its substantive ethical content. The Meaning/Ministry of the Church How important is the ministry for justice in the Church? How closely does it relate to the basic meaning and mission of the Church? The development of the Church's teaching on social justice has occurred in the last eighty years beginning with Rerum Novarum (1891) and continuing with increasing in- tensity to our day. Two characteristics of this process of development are important to note in answering the ques- tion of how the ministry for justice relates to the life of the Church. First, the ministry for justice has moved steadily from the periphery of the Church's life toward the heart of her life; it has moved from being perceived as an extension of her life (e.g., pre-evangelization) to being regarded as essential for her life (evangelization itself). Secondly, the ministry for justice has moved from being treated as the work of some specialists in the Church (e.g., the labor priests or specific forms of Catholic Action) to being now regarded as a basic responsibility of every Christian. In Principle The clearest evidence that the dynamic of development has caused both of these moves to occur is the statement found in the Synodal document of 1971, Justice in the World. In the introduction, the bishops state: Action on behalf of justice and participation in the transformation of the world fully appear to us as a constitutive dimension of the preaching of the Gos- pel, or, in other words, of the Church's mission for the redemption of the human race and its liberation from every oppressive situation. The theological and pastoral significance of this passage cannot be underestimated. Briefly, it means that work for justice is essential to the Church, pertaining to its inner- most nature and mission. This conclusion can be sustained 19 remembering what has been regarded as constitutive of the Church's ministry in traditional ecclesiology. The con- stitutive tasks of the Church traditionally have been un- derstood as the celebration of the sacraments and the preaching of the Gospel. In our day, the teaching authority through the Synod has expanded this vital category of constitutive tasks to include the ministry for justice. Historically, whenever the constitutive tasks of the Church (word and sacrament) could not be performed or were not being faithfully fulfilled, we feared for the life of the Church in that area; today, if the work for justice is not being carried on in an area of the Church, we should again fear for the life of the Church. Understood in this way, the relationship between the work for justice and the life of the Church becomes clear: the ministry for justice is es- sential for the Church and the ministry for justice is the task of the whole Church, that is, all Christians. In Practice The significance of this theological development, however, does not of itself guarantee that the ministry for justice will be actualized as a constitutive dimension of the Church. We have in the Synodal documents a statement of princi- ple, an idea or insight into the nature of the Church. The task remains to make that principle so well accepted that it flows through the entire fabric of Catholic faith and does The work for justice is essential to the Church, pertaining to its innermost nature and mission. not remain on the fringe of the Church as an option for a few rather than an imperative for all. In other words, the insight of the Synod must be "institutionalized." Accomplishing the transition from principle to practice is not a simple task in the Catholic community. But we have been able to do it before on issues which admittedly are less complex and volatile than the justice question. How does this translation of principle to practice occur? First, a change of ideas occurs, reshaping the way people think. Secondly, there are created organizations designed to implement the principle bringing in large numbers of Catholics to share in the process. Thirdly, in response to ideas and organizations, institutional change takes place in the Church, that is, changes in law and accepted practice. These three elements— ideas, organizations and insti- tutional change designed to implement the principle af- firmed— are already at work in the Church on the justice theme. To cite illustrative examples of the broader process at work: In the realm of ideas, the justice theme is begin- ning to find diverse expressions in the thought of the Church both theologically and pastorally; an excellent ex- ample of this is the inclusion of the Synod document Justice in the World as one of the four basic sources for the forth- coming National Catechetical Directory. At the organiza- tional level, the existence of Justice and Peace offices, com- missions and committees at every level of the Church (curial, national, diocesan and in religious communities) is a sign of the visibility and priority the ministry for justice is receiving. Although fledgling groups, they are alive and well and their numbers will grow. Finally, the institution of the Church itself is being shaped by the ministry for justice. The response is not always adequate— indeed at times it is very poor— but the process created by the ideas and organizations is at work. The institution helped to begin the process, now it is accountable to it. This dynamic is cause for hope. Personal/Vocational Implications The personal and vocational implications of sharing in the ministry for justice is a complementary theme to the dis- cussion of the ecclesiological foundation of the justice ministry. This reflection follows directly from what has already been said; for any idea to become a reality in the Church, it takes people committed to the idea. Every viable movement in the Church depends upon people; to institu- tionalize an idea in the Church there is required a cadre of people committed to fostering the idea long before the community as a whole grasps and internalizes the idea. The most dramatic proof of this statement is the process of development leading to Vatican II. Every major idea prom- ulgated by the Council had a history extending back into the nineteenth century or at least deriving from theological work done for many years in this century. 20 More importantly for our purposes, many of these ideas can be identified with key people without whom the ideas might never have come to fruition in the Council. For ex- ample, Yves Congar's patient, sustained cultivation of ecclesiological and ecumenical themes in the thirties, for- ties and fifties paved the way for the documents on the Church and Christian unity. In this century, we have the powerful example of how the work of John Courtney Mur- ray prepared for and ultimately produced the Decree on Religious Liberty. It would not be difficult to make the case that, if these men had not been part of the Church for years before the Council, the central themes of Vatican II in ecclesiology, ecumenism and religious liberty might have never come to fruition. The importance of recognizing this fact, of realizing how central people are to the process of change in the Church becomes clear when we look at what it meant for these two men to be in the forefront of the renewal move- ment in Catholicism. Both lived out most of their lives under suspicion; both were prevented at times from teach- ing and writing; neither enjoyed favor, esteem or public notice for their massive labors during most of their lives. The reason for rehearsing these personal histories is because they hold valuable lessons for us personally and vocationally. We all enjoy and benefit from meetings and seminars when we gather with others committed to the same ideas and objectives we have and we find such strong intellectual, psychological and spiritual support for what we are doing in our lives. But these experiences, however valuable, are by nature transitory. When we "go home" the picture is often different. Anyone seeking to implement a new and substantial idea in the Church will inevitably encounter two realities: isolation and opposition. It is difficult to say which is more devastating at times. Opposition is concrete and tangible, but isolation— living and working in a situation where we find neither communication, dialogue nor cooperation— is perhaps more damaging. Congar and Murray faced both, and the dynamic of change in the Church has not been purged of them in our day. Isolation and opposition in the justice ministry are predictable characteristics of the min- istry. How do we cope with these realities? At least three characteristics should mark our lives if we are to cope with them and, therefore, be present during the long process of moving from principle to practice in the Church. First, we need a strong sense of identity, of knowing who we are, where we stand in the Church and what we are committed to in the ministry for justice. Con- gar and Murray simply refused to allow anyone to read them out of the Church; nor would they abandon their basic conviction that what they were saying and doing was right and the Church would eventually take it for its own. They were silenced but they kept working; imagine what Pope Paul strongly asserts that political responsibility is a central dimension of the Christian vocation in the world. it must have been like for them during the twenty years prior to the Council? It takes a sense of identity and of the intrinsic value of an issue to sustain us in the face of oppo- sition and isolation. Secondly, it takes resiliency — staying power or perse- verance. Identity is a work of the intellect, it derives pri- marily from thought and reflection. Resiliency is a work of the will, a product of the virtue of fortitude. Murray often would end a conversation with friends with the dictum: "remember courage— it's more important than intelli- gence." Quite an admission for a man who always wrote reason with a capital "R." Thirdly, we need strength in community; not strength in numbers, because there is no guarantee that there will be great numbers with us. Strength in community grows from meeting together with those of similar ideas and objectives. Even though transitory, identity, resiliency, community are all part of what it takes for us to translate principle into practice. But even they don't guarantee success. We need a sense of history as we go about this ministry of justice, a Chris- tian sense of history. This involves at least two dimensions of reflection. First, a conviction that ultimate success is the eschaton; there- fore, we can't expect to be guaranteed success this side of the eschaton. It is enough to know what Pope John already has told us about the ministry for justice: that every work done for it is redemptive — it builds the Kingdom even though it does not bring it into being immediately. We are 21 called to build the Kingdom; the work for justice does that. We know that much; the determination of who shares the fruits of success is beyond us. Secondly, a Christian sense of history moves through the cross. Congar says in the conclusion of his autobio- graphical sketch that only someone who has suffered for his or her ideas deserves to be respected; the cross, he says, marks every great work in the Church. Success should be our objective but the risen life should govern our perspective. Ethical Themes/Issues Certain characteristic ethical theories can be synthesized from recent teaching on social justice in the Church. In comparing the last fifteen years of the encyclical tra- dition with the early period (1871-1931), three important characteristics emerge. First, the unit of analysis in the social teachings has moved from the national to the inter- national community. In Rerum Novarum and Quadragesimo Anno, the principal focus was on the nation state and its internal question of justice (labor-management issues, the just wage, unions). The more recent teaching has contin- ued this analysis but, as Pope Paul said in Populorum Pro- gressio, the social question has become worldwide. Hence, the concern of social teaching has been to shape the Cath- olic conscience with a sensitivity to national and interna- tional questions of justice and peace. Secondly, there is a movement in the encyclicals from a concern with the economic order to an understanding of the need to pass from economics to politics. The reason. Pope Paul states in Octogesima Adveniens, is that "in the social and economic field, both national and international, the ultimate decision rests with political power." This apostolic letter is the strongest assertion we have in papal teaching of the need to conceive of political responsibility as a central dimension of the Christian vocation in the world. Thirdly, there is an explicit assertion in the social teach- ings of the importance of local or national churches in im- plementing a strategy of social justice. What are the implications of these characteristics? First, in the movement from a national to an international focus, the key empirical and ethical issue which is emerging is how we learn to live linked together in a limited world. The Arab nations vote for an oil boycott and Americans wait in line for gas at 5:30 a.m. on a Saturday. In this sense, the energy crisis constituted a teachable moment for Amer- icans; we experienced our vulnerability to the decisions and actions of others. We experienced the receiving end of interdependence. The point to be made is that we are more often on the determining end of interdependence; the single experience of the gas shortage is multiplied daily in manifold ways for people throughout the globe whose lives are directly touched by American power and presence. Secondly, the shift in emphasis recognizing the im- portance of politics. There is a fundamental perspective which emerges from the social teaching of the Church that the political ministry in the Church is a specification of the broader ministry for justice. Nonetheless, those who deal with political and legislative questions are often asked to defend the legitimacy of this endeavor as a form of minis- try in the Church. Further, there is the issue: what is our political agenda? In general terms, the justice ministry has two dimensions. Pope John said that those whose rights are denied have an obligation to claim them. One dimension, as Pope John said, is that those whose rights are denied have an obligation to take them. If you're in one of those communities, that's one part of the justice ministry, to enable people to grasp hold of their rights. The other part of the justice ministry is if somebody has a right, somebody else has a responsibility. Justice also involves a sense of solidarity and responsibility in and for the com- munity. How do you put that together? The very diversity of the Catholic community means that our political agenda is complex. Howdo we understand the nature of the issues, the needs of our different constituencies? Finally, the move from universal teaching to national actors. The significance of the national church in the justice ministry is increasing. The teaching of the encyclicals by 22 nature is at a very general level. What's necessary is to take a stand in history, to stand at a point in time in the globe and say: What does that body of teaching mean to us? How do we incarnate the teaching? How do we as Americans understand our values as people, and how do we under- stand within that our American-Catholic identity? The fusion of the English Constitutional natural rights tradition and the Catholic natural law tradition, as it takes The Gospel command of love is applied through the virtue of social justice to complex human relationships. place in this country is a happy fusion. There's a lot that can happen in that dialogue. For example, John Courtney Murray took the concept of liberty from the American- English tradition and taught the Catholic tradition some- thing about civil liberty. The Catholic tradition has something to teach the American tradition about justice. The Catholic tradition has a concept of the sociality of human beings. This con- cept means we are bom into community, we are dependent upon human community for personal development. It means that the political order exists not just to protect the individual and preserve his or her freedom, but to estab- lish mechanisms for the exercise of our responsibility for one another. As Murray drew from the American tradition to teach the Catholic tradition about liberty, we can draw from the Catholic tradition to teach the American tradition about justice. Certainly, it is a critical consideration for us that we are American Christians. Our nation is a nation whose pres- ence and power pervade the international community. Be- cause of that power, we American Christians have a special responsibility. We have the responsibility to see that the power of our nation is used in the service of human rights and a responsibility to see that our nation stands account- able in the international community for its own human rights record. Conclusion Are these questions religious? Are these issues religious issues? Is it really part of the essence of the Church to be involved in these things? Some reflections: A hundred years ago, Dostoevsky said that the death of one innocent child was enough to destroy belief in God. Innocent children have always died, but today we know how many die— not only in Boston, but in Bombay; not only in New York but in New Delhi. Is it a religious ques- tion today that innocent children die and the veil of inno- cence has been dissolved because we are linked together in a limited world? Is that a religious question; does it re- quire a response from the religious community? More recently, Albert Camus spoke to a religious com- munity after World War II about the future of France in much the same way that we talk about the future of the linked and limited globe. He finished his discussion on belief and unbelief with a remark which can only be para- phrased here. Camus said, maybe it is impossible to live in a world where no innocent children suffer; but it is pos- sible to create a world where fewer innocent children suf- fer. And as we work for this, if we look to you and cannot find help, where else shall we look? Is it religious work? I think people outside the religious community have answered that question as clearly as it can be answered. Rev. J. Bryan Hehir Associate Secretary Office of International Justice and Peace 23 24 WHAT CAN YOU DO? Be Informed Education for justice consists "in an attempt to awaken consciences to a knowledge of the concrete situation and in a call to secure a total improvement." (Synod 1971, Jus- tice in the World) Justice is defined in terms of the promo- tion and protection of human rights to ensure the preser- vation of human dignity. The news articles included in this booklet suggest that our Catholic confreres in the develop- ing world are very much involved in the struggle for hu- man rights. The "concrete situation" in which these reli- gious men and women live provoked them to action. They are on the front line. These persons who suffer because of their activity on behalf of justice, as well as all persons who struggle in any way for a more equitable society need and deserve the un- derstanding and support of the Christian community, a support based on both knowledge and commitment. This brief study outline attempts to lead you through two areas of inquiry: What are human rights? Why is the Church involved in their promotion and protection? The objective of the study is to assist in creating a Catholic constituency for human rights that is made up of persons both informed and involved. Objective: To become informed as to the full spectrum of rights encompassed by the term "human rights." Compare the rights enumerated in Pacem in Terris and in the U.N. Covenants. 1. Extract from the three documents, key words identify- ing the rights listed. Set up columns of rights enumer- ared in a) Pacem in Terris and the Covenants on b) Civil and Political Rights (C/P) and c) Economic, Social and Cultural Rights (E/S/C). 2. What similarities exist? a. relationship to human dignity? b. role of the family? c. discrimination on basis of race, sex, etc.? (Note simi- larity of Art. 2 of C/P and E/S/C Covenants. Note also Pacem in Terris nn. 15, 44.) 3. What differences do you see? How account for the dif- ferences? (Remember that the Covenants are legal doc- uments.) 4. Note that both U.N. Covenants have similar articles 1? What right is addressed? What does Pope John say about this right? (See Pacem in Terris, nn. 80 and 86.) Objective: To explore and expand the concept of core rights. 1. Which rights listed in the U.N. Covenants allow no "derogation"? (See Article 4, Sec. 2 of C/P.) What does this mean? 2. For those rights allowing for derogation, what condi- tions must exist? (See C/P Article 4, Sec. 1.) What do you consider to be a "public emergency" that would allow derogation of rights? 3. The concept of "national security" is introduced in Ar- ticle 8, Sec. 1 of E/S/C. Recalling its use in recent U. S. history (e.g., the Watergate incident) and in the present Latin America situation, how would you define the term? 4. What is the relationship between "core rights" and "basic human needs"? Core rights are those that do not allow of derogation because they are considered essen- tial to the dignity and security of the person. Basic hu- man needs are usually defined as the minimum require- ments of food, shelter, health and education. (See news article, "The PQLI; A New Tool for Gauging Human Needs," p. 26.) a. Discuss the relationship between these needs (rights) and the dignity and security of the human person. b. In your opinion, are the rights to food, shelter, health care and education as important as the traditional "core" rights? Can one set of rights be sacrificed for the other? c. What do you think is the proper relationship be- tween these sets of "rights." 25 Jlllll cZ’g * * a,b ‘ ||!f!sa* |R os sssso'SJ - ea CL, ua«o — i- ^ m ns! e-ssi 9 tj A Q.fl E « Rv **a ^•g J 335 «cy .2 S g £ * « - a I f , ~ 2 * “ C =3 I Sf§ still a 2 a |o ga,3 c 8 -oS gl ii go d 3 53 «S| SO-3 - 1 > 0, a a * M isc J -a " S° 2 fi 3 ifl i « M.i i p 1 § 3 .a -g fls ! 3 tJ 15 i * o o H £ s. 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How do you feel about those who "claim" or demand their rights, as Pope John requires in n. 44 (for exam- ple, blacks, women (n. 41), Hispanics, the poor, de- veloping countries like Panama, nn. 80, 86). Do you regard them as fulfilling a moral obligation? What organizations do you belong to that satisfy this moral obligation? 2. Pope John requires that society be organized to satisfy basic human needs, that is, "A sufficient supply of what is necessary for sustenance" (nn. 31, 32, 33). a. What organizations that you know of are working to satisfy basic human needs in your local community? on the national level? Are you involved in any such groups? b. What organizations do you know of that work against the satisfaction of basic human needs of all persons. c. What is the relationship between the right to private property (n. 21) and the organization of society to meet basic human needs (nn. 22, 31, 32, 33)? What are the implications, e.g., with regard to your atti- tude to taxes, and how they should be spent? To U. S. foreign aid and how it should be spent? d. Pope John states that persons must collaborate "to work for one another's welfare" (n. 31). What does the term "welfare" mean to you? What is your atti- tude toward those "on welfare"? Do you agree that governments are established to promote the general welfare? How do you think society should be orga- nized to promote [and ensure] the welfare of all its citizens, as well as all persons worldwide? e. The U. S. Catholic bishops have taken a position in favor of U. S. ratification of the U.N. Covenants on Cultural and Political and Economic, Social and Cul- tural Rights. Do you agree with that position? Are you willing to join organizations working for ratifi- cation? Be Involved That the Church is involved in the human rights issue is obvious; its involvement makes headlines. (See news arti- cles, pp. 29-30.) Why the Church is involved is less well- known. The root of the Church's involvement lies in the Gospel mandate to preach the Good News to all peoples. Fulfilling this charge has led the Church to develop its social teaching. This in turn has impelled the Church to increasingly active work on behalf of justice, a work to which it calls all Christians. In "Why Is the Church Involved," the basis for the Church's involvement, and the implications of that in- volvement are briefly developed. That will be the back- ground for the following part of this study outline. Further treatment of this subject area is available in books and ar- ticles referred to in the resources section of this booklet. Objective: To understand justice as a social concept. What is "social justice"? Reflect: • "The goods of the earth are given to all, not just the rich." (Pope Paul VI, Populorum Progressio, n. 23) • No one wants to feel subject to political powers lo- cated outside his own country or ethnical group." (Pope John XXIII, Pacem in Terris, n. 43) • "Racial discrimination can in no way be justified." (Pope John XXIII, Pacem in Terris, n. 44) • "Since women are becoming ever more conscious of their human dignity, they will . . . demand rights be- fitting a human person both in domestic and public life." (Pope John XXIII, Pacem in Terris, n. 41) The issues raised by these questions are issues of social justice. a. Are any of these issues the result of one person's actions? b. Can any of these issues be addressed by one person acting alone? 27 c. Do all of these issues raise questions about "pat- terns” of behavior; patterns built into the way our society lives? d. Can any of these issues be resolved by doing "chari- table works"? Objective: To explore areas of commitment to the work for justice. 1. What does it mean to work for justice? If injustice is the result of patterns, that is, built-in ways that society be- haves, then working for justice will involve changing these patterns of behavior, those structures of society that deny people the enjoyment of what is their due, the enjoyment of the full spectrum of the rights which are theirs. It will involve establishing new goals for society or new structures which more effectively work for a just society. a. What are our social goals in the human rights/human needs area? What do we talk about, in our family, in our community, in our nation, in the international community (the level of rhetoric)? What do we spend money for? (Family income, local church money, local taxes, federal taxes, national church organizations budget.) b. To what organizations do we belong as an individ- ual? As a nation? (Who are our "allies"; to what or- ganizations of states does the U. S. belong?) c. What organizations do you know that work on, e.g., any of the issue areas raised above: — to eliminate the causes of poverty; — to eliminate discrimination; — to increase the control persons and nations have over their destiny? d. What laws are passed? How is our tax money spent? Example: In September 1975, Congressman Thomas Harkin (D.-LA) succeeded in attaching an amend- ment to legislation that governs U. S. foreign eco- nomic assistance that reads: No assistance may be provided ... to any country which engages in a consistent pattern of gross vio- lations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, un- less such assistance will directly benefit the needy people in such a country.- In 1977, this amendment was attached to legislation authorizing multilateral economic assistance as well. (1) Discuss this amendment in terms of core human rights/needs. The U. S. Catholic bishops support the application of this "Harkin amendment" to other-forms of U. S. foreign assistance, e.g., that assistance channeled through the (international) multilateral banks. Do you agree with that po- sition? (2) What about military assistance? Should the United States give military assistance to the re- pressive regimes of South Korea, the Philippines, Nicaragua, for example? 2. The U. S. Catholic bishops have taken several positions relating to the satisfaction of human needs through effective national policies, e.g., on housing, full em- ployment, welfare reform, food. —Are you aware of these positions? —Do you agree with them? — How do you want your tax dollar to be spent? —What kinds of laws will be necessary to effectively address these issues? 3. These are not questions that can be answered easily. Explore your attitudes on these issues, then seek fur- ther assistance through organizations (local groups and national-level groups) that address human rights/needs and examine how effectively local and national policies address these issues. (See resource section for some suggestions.) 28 Catholic Clergy: Foot Soldiers in Human Rights Fight By Hilmi Toros Associated Press VATICAN CITY (AP)—In many parts of the world, Roman Catholic (hurchmen are becoming human rights activists. Vatican sources say they are exposing themselves to har- assment, detention and even assassi- nation, some in overwhelmingly Cath- olic countries. They are emboldened to a large ex- tent by encyclicals and recent pro- nouncements by Pope Paul VI, who had made human rights one of his ma- jor planks long before President Car- ter made it a pivotal part of U.S. pol- icy. The subject is also creating debate within the church on how far it should be pushed by the religious who fall easy prey to authoritarian re- gimes. In the past few months, according to information obtained from Vatican sources, the CleTgy’s involvement in promoting civil rights and opposing their suppression has been wide- spread and systematic. They cited these as examples: In Czechoslovakia, some priests are reported to have become signatories to Charter 77, a document drawn up by human rights activists. One bishop, Jan Kores, was threatened with ban- ishment by the Communist govern- ment to a tiny rural outpost, but is said to have opted for the offered al- ternative of first sweeping the streets and then holding a manual job. In Brazil, the world’s most popu- lous Roman Catholic nation, the Rev. Joao Bosco Burnier reports hearing screams of women as he strolls by a police station. He walks in to plead for mercy and is reported to have been shot dead in front of his bishop, Dom Pedro Casaldaliga. In the Philippines, priests claiming to help the poor in social work are rounded up, foreign missionaires ex- pelled and the locals jailed, by a mainly Roman Catholic government that labels them “subversives.” In South Africa, Roman Catholic schools decided on integration despite apartheid regulations. Earlier this year Rhodesia's white Bishop Donal Lamont was tried and found guilty for refusing to act as informer on black “terrorists.” He was expelled. Emile Cardinal Biayendra, arch- bishop of Brazzaville, Congo Republic, was kidnaped and killed March 23 by three members of the family of that nation’s recently assassinated presi- dent, Marion Ngouabe, according the military government in Brazzaville. Sources said the slaying of the cardi- nal was the result of tribal rivalries. Much of the Roman Catholic Church’s recent militancy in the hu- man rights area is traced to Pope Paul. His methods vary, from open and di- rect warnings to Latin America to ca- joling in Eastern Europe, where free- dom of religion "6nd other rights are embodied in constitutions but are sub- ject to Communist Party interpreta- tions. “You have Carter,” a Vatican ob- server remarked. “The Vatican - has the pope in the human rights field longer, and, although he lacks an army, he is feared by regimes ignor- ing human right.” Technically, the pope has his “peace corps” in the farflung field; he has cardinals, bishops and an increasingly “justice” oriented clergy in addition to foreign missionaries in African huts, South American hinterlands and in Asian slums. The Jesuits—an elite order informally called the pope’s “private army”—count 7.000 missionar- ies, among the most active and, by their account, the most persecuted. About 1,000 fan out from the United States, a quarter of them to Latin America. A local Jesuit, dubbed a Commu- nist, was assassinated in El Salvador March 11. “We are peersecuted both by the right and the left,” says the Rev. Pedro Arrupe, father-general of the Jesuits in Rome. “Hear we’ll suf- fer more in the future. They accuse us of being radical leftist while we are only citing the encyclicals.” The floodgates to recent and current human rights activity by the church swung open 11 years ago when the Sec- ond Vatican Council declared, “With respect to the fundamental rights of the persons, any type of discrimination ... is to be overcome as contrary to God’s intent.” The church has the right, the council held, “to pass moral judgment even on mat- ters touching political order whenever basic rights . . .make such judgments necessary.” Sources close to the pope say he en- visages the modern churcl to be coo- fined not to worship alone. Last Janu- ary, in his customary New Year’s speech to diplomats here, the pope pledged that he, his bishops and priests “throughout the world would expose all forms of injustice and vio- lence, even at the cost of imprison- ment and death.” He said, “totalitarian injustices supervene to harden opposition” and urged govern- ments to take “the path of profound change.” The pope already has created the pontifical commission “Justitia et Pax,” now headed by black African .Archbishop Bernardin Gan tin. The commission has urged “Christians, both individually and collectively, to engage in specific commitments and effective initiatives to redefine, de- fend and promote human rights on the national and international plane.” THE WASHINGTON POST, April 8, 1977. Reprinted with permission. 29 c c CL. ’Ll C£ fc O' a> c 3 fe o c- Z 0 f— u z 1 < £ .2 £ s «* aim & s. § i/g § s Resources/Organizations Be Informed • To further explore recent Catholic social teaching: Education for Justice by Brian Wren is a highly read- able book not only for the classroom teacher or adult- discussion leader, but also for anyone interested in working for justice. 1977. Orbis Books, Maryknoll, New York 10545. Paperback, $4.95. The Faith That Does Justice, edited by John C. Hough- ey, is a collection of nine very readable essays exam- ining Christian sources for social change. Of particular interest is the essay by David Hollenback S.J., "Modem Catholic Teachings Concerning Justice." 1977. Paulist Press, 545 Island Road, Ramsey, New Jersey 07556. Paperback, $5.95. The Gospel of Peace and Justice presents Catholic so- cial teaching since Pope John in a volume which in- cludes official texts of twenty-five documents signifi- cant in this development, as well as an analysis of what that development means for the Church and human- kind, by Msgr. Joseph Gremillion. 1976. Orbis Books, Maryknoll, New York 10545. Paperback, $8.95. Renewing The Earth: Catholic Documents on Peace, Justice and Liberation. Edited by David O'Brien and Thomas A. Shannon, this volume collects under one cover the major sources of current Roman Catholic so- cial thought: from Mater et Magistra (Pope John) to Justice in the World (Synod 1971), as well as selections of particularly significant texts from the U. S. and Latin American bishops. 1977. Image Books (Doubleday and Company), Garden City, New York 11530. Paperback, $3.95. Ethics, A simulation game in which participants are projected in various situations that require decisions about hard ethical choices; up to 16 players; 1-hour session. Division of Invention Marketing, 401 Wood Street, Suite 1200, Pittsburgh, Pennsylvania 15222. $3.50. • To further explore the basic human needs issue: Basic Needs and Human Rights by Patricia Weiss Fagen, January 1978. Center for International Policy, 120 Maryland Ave., N.E., Washington, D. C. 20002. $1. Employment, Growth and Basic Needs: A One World Problem, prepared by ILO International Labour Office, March 1977, Overseas Development Council, 1717 Mass. Ave., N.W., Washington, D. C. 20036. Paperback, $3.95. Human Ethics for a Sustainable Society: Linking Hu- man Rights and Basic Needs by Peter Henriot, Octo- ber 1977. Center of Concern, 3700 13th Street, N.E., Washington, D. C. 20017. $.75. Human Rights and Vital Needs by Peter Weiss, Sep- tember 1977. Institute for Policy Studies, 1901 Q Street, N.W., Washington, D. C. 20009. $.50. The PQLI: Measuring Progress in Meeting Human Needs by Morris D. Morris and Florizelle B. Liser, August 1977. Overseas Development Council (address above). $1. Women and World Development, edited by Irene Tinker and Michele Bo Bramsen, May 1976. Overseas Development Council (address above). Paperback, $3.50. World Game, a simulation game that recreates on a smaller scale our world, its people and its institutions. Nation's struggle for solutions to their problems; a "world council" provides an opportunity to experi- ment with ideas expressed in the concept of "global village." 15-20 players; 1 or 2 hour session(s). Teleket- ics, 1229 South Santee Street, Los Angeles, California 90015. $14.95. • To further explore the interrelationship between the economic system and meeting basic human needs: The Corporate Action Guide, 1974. Alternatives, 1924 East 3rd Street, Bloomington, Indiana 47401. $3.90. Development-Dependency: The Role of Multinational Corporations, USCC Department of Social Develop- ment and World Peace, August 1974. Office of Inter- national Justice and Peace, 1312 Mass. Ave., N.W., Washington, D. C. 20005. $.20. 31 Making Rights Matter: Economic Justice and Human Needs by Alan Geyer, October 1976. Order No. P113. Service Department, United Methodist Board of Church and Society, 100 Maryland Ave., N.E., Wash- ington, D. C. 20002. $.25. OPIC**: Insuring the Status Quo by Cynthia Amson and William Goodfellow, September 1977. Center for International Policy (address above). $1. ("Overseas Private Investment Corporation) The Economics Game, a 16mm, 12-minute film pro- duced by the U.N. radio and visual services division. Local libraries and/or university libraries in your area may have the film; or contact the New York University Film Library, 26 Washington Place, New York, New York 10003. Rental: $15. Sharing Global Resources: Toward a New Economic Order, a 35-minute slide show with cassette tape. Ex- amines domination of Third World resources by multi- national corporations. NARMIC, 1501 Cherry St., Phila- delphia, Pennsylvania 19102. $50. • To further explore the relationship of human rights to U. S. economic and military assistance: Foreign Aid: Evading the Control of Congress by James Morrell, January 1977. Center for International Policy (address above). $1. Human Rights—A Priority for Peace edited by James R. Jennings and Patricia L. Rengel, Fall 1975. Office of International Justice and Peace (address above). $.50. Human Rights Action Guide 1978. Coalition for a New Foreign and Military Policy, 120 Maryland Ave., N.E., Washington, D. C. 20002. $.05. Human Rights and the U. S. Foreign Assistance Pro- gram, Fiscal Year 1978. Part 1, Latin America (Chile, Brazil, Nicaragua, Argentina); Part II, East Asia (Philip- pines, South Korea, Indonesia, Thailand). 1977. Center for International Policy (address above). $2.50 each. Human Rights Education Project provides a mobile exhibit which travels by invitation to communities throughout the United States. It also provides speakers and action workshops. Write the Project at 1322 18th St., N.W., Washington, D. C. for schedule and rate information. Be Involved The following organizations are active in the human rights/ needs area. Many of them are also national membership organizations that work through local networks. • Contact these organizations (+) for their resources/pub- lications/newsletters to keep current on human rights/ needs issues. • Contact these organizations (*) to join and inquire whether local groups are working in your area. + Alternatives, 1924 East 3rd Street, Bloomington, In- diana 47401. + American Friends Service Committee (Human Rights Program), 1501 Cherry Street, Philadelphia, Pennsylvania 19102. +*Amnesty International, 2113 Broadway, New York, New York 10023. +*Bread for the World, 207 East 16th Street, New York, New York 10003. + Center of Concern, 3700 13th Street, N.E., Washing- ton, D. C. 20017. +*Coalition for a New Foreign and Military Policy (Human Rights Working Group), 120 Maryland Ave- nue, N.E., Washington, D. C. 20002. (Also a source of numerous other organizations working in a specific area of human rights concerns.) +*Clergy and Laity Concerned (Human Rights Coor- dinating Center), 1114 G Street, S.E., Washington, D. C. 20003. + Friends Committee on National Legislation, 245 Sec- ond Street, N.E., Washington, D. C. 20002. + Interfaith Center for Corporate Responsibility, 475 Riverside Drive, New York, New York 10027. +*United Nations Association of the USA, 300 East 42nd Street, New York, New York 10017. 32 k ©January 1978 Office of International Justice and Peace United States Catholic Conference 1312 Massachusetts Avenue, N.W. Washington, D. C. 20005 750 each; $60/100 Design & Illustrations by V Reeves