Helsingen Sanomat
May 17, 2010
http://www.hs.fi/english/article/Risikko+protecting+children+more+important+than+confidentiality+in+pastoral+care/1135256886057
The Evangelical-Lutheran Church has had years to amend ecclesiastical legislation so that the confidentiality normally extended to conversations between clergy and parishioners might be revoked in chases in which the safety and well-being of child is at stake.
When the law on child protection was changed in 2008, the Ministry of Social Affairs and Health held discussions with the Lutheran Church aimed at obliging clergy to report disclosures of sexual abuse of children.
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| Paula Risikko |
"Officials assumed that the Church itself would initiate such changes in the Church Law. Now that it has not done so, we will hold talks with the Church on which of us will do it", says Minister of Social Services Paula Risikko(Nat. Coalition Party), who is responsible for the law on child protection.
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| Samuel Salmi |
If the Church does not want to make the changes in its rules on confidentiality, legislation on child protection will be amended accordingly, Risikko says.
The options are that the sexual abuse of children would be added to the Church Law as a factor that justifies breaking confidentiality, or that child protection legislation would be changed by removing the part that states that the obligation of disclosure of child welfare violations does not apply to discussions with clergy.
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| Seppo Hakkinen |
"If the change is made in child welfare legislation, the Church will have to recognise that this is newer legislation which is in conflict with the Church Law. The situation is completely analogous to doctors", notes Sami Mahkonen Doctor of Laws, who is specialised in children's legislation.
The complete confidentiality of doctors, psychologists, and therapists was overturned in 1994.
Helsingin Sanomat wrote on May 9th on the view of Minister of Justice Tuija Brax (Green), who called on the Church to launch a debate on child protection, using any means possible. Seppo Häkkinen, the Bishop of Mikkeli, wrote in Helsingin Sanomat on May 11th that he still wants to keep full confidentiality.
"Absolute confidentiality can bring some people to make revelations their situations, which they would not be able to talk about to anyone else. In this way cases can come out that would otherwise be completely hidden away", Häkkinen wrote.
Another Lutheran bishop, Samuel Salmi of Oulu is in favour of breaking confidentiality on the basis that abuse of children is above all, a serious crime against humanity:
"If someone confessed to me about paedophilia, I would tell him that he will be forgiven before God, but that he must bear all criminal consequences of his action. If the person in question does not report to the police, it is the obligation of a minister to report to officials that a child is in danger."
At present, a minister who hears a parishioner reveal aggravated sexual abuse of a child is obligated to report it to officials.
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