An Infant in “Codex Iuris Canonici” Cover Image

An Infant in “Codex Iuris Canonici”
An Infant in “Codex Iuris Canonici”

Author(s): Wojciech Góralski
Subject(s): Christian Theology and Religion, Social Sciences, Education, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Theology and Religion, Family and social welfare, Other Christian Denominations, Canon Law / Church Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: infant; infant’s rights; legal status; parents; obligations; baptism; education

Summary/Abstract: The interest of the offspring (their conception and education), as one of the purposes of the marriage, requires taking special care of infants, thus, minors in the Church, who are below 7 years of age. The expression of this care can be, among others, ecclesiastical legislation, in the area of which, despite organic family law, the legal status of the infant has been stipulated distinctly. As far as the live-born infant is concerned, rights following from their individual natural personality, among others, right to life, parental care, human education or reception of baptism have been stipulated. As regards the baptized infant, who becomes persona in Ecclesia by reception of their first sacrament (can. 96 of CIC), provisions of the code sanction their numerous fundamental rights, among others, right to moral and religious education, to grow up in faith or right to other sacraments. The traditional, ruling for centuries, model regarding legal position of minors, which dominated in legal experience of the Church, has been amended by the Second Vatican Council, the post-council codification of the canonic law has overcome former situation only partially. However, it shall be added, that the ecclesiological renewal influenced slowly and gradually the canonic legislation and the doctrine, and this process has not been finished yet, and a new, post-council codification has overcome the former situation only partially. However, the focus of the doctrine on the central position of human person in the canonic law has progressively become even more visible.

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 171-186
  • Page Count: 16
  • Language: English