Canonical Legal Norms on Abortion

Abstract

The aim of this paper is to present the canonical legal norm on abortion with reference to its historical development, the currently valid Code of Canon Law and the latest legal document related to this issue, namely, the Apostolic Letter Misericordia et misera of Pope Francis. The historical development of this norm has demonstrated that the Church, from its beginnings, opposes those legal and thought systems that justify and permit abortion. In order to be able to fulfill its mission in this world, the Church was compelled — in addition to systematizing moral values that protect human life from conception to death — also to develop legal structures which apply and defend such values in everyday life. The currently valid Code of Canon Law is the result of such a development in the field of Church morals and law, when it includes abortion among the criminal offenses against human life, dignity and freedom, prescribing for such an offense the penalty of excommunication latae sententiae. According to the Code, absolution from punishment can be granted in the Sacrament of Reconciliation (Confession) only by those priests who are authorized by law or have obtained permission to do so from competent Church authorities. The Apostolic Letter Misericordia et misera brings a legal novelty to this norm by extending to all priests without distinction the authority to release the penitent from punishment for abortion. This simplifies pastoral practice in this area and grants to the faithful ready access to the sources of God’s never–failing forgiveness and mercy.