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Cardozo Journal of Conflict Resolution

Abstract

The causal connection between clericalism and sexual abuse is evident, "namely the tendency of the hierarchy to protect priests, the tendency to cover reports in deep secrecy and the massive denial about the seriousness of the problem.'' In order to truly combat the global crisis of child abuse permeating the religious order, alternative dispute resolution strategies between the Holy See and the global community should be considered as a means of promulgating new ecclesiastical laws for the successful management of institutionalized sexual misconduct. In Part II, this Note will discuss the history of exposure leading to the public's knowledge and outrage of clerical abuse, explaining the inadequacies of the Institution's response. Part III discusses the international status and internal structure of the Church and the mechanisms utilized to establish the legal barriers preventing the world from rectifying this issue. Finally, Part IV proposes that mediation, under the paradigm of interest-based negotiations, is the best mechanism to reconcile the interest of the Church and the International Community. Additionally, this Note proposes the establishment of a comprehensive network of regional mediation and arbitration tribunals, overseen by a new subsidiary organ of the United Nations Security Council, created for the purpose of equilibrizing the current abuse of ecclesiastical power within the Church's judicial process and allow for a system of transparency and accountability.

Keywords

Dispute Resolution, International Law, Juveniles, Religion and the Law, Sex Crimes, Sex, Sexual Abuse, Law and Society

Disciplines

Dispute Resolution and Arbitration | International Law | Law | Law and Society

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